Bill Text: CA AB1685 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicular air pollution: zero-emission vehicles: civil penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-25 - Chaptered by Secretary of State - Chapter 604, Statutes of 2016. [AB1685 Detail]

Download: California-2015-AB1685-Amended.html

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BILL NUMBER: AB 1685	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2016
	AMENDED IN SENATE  JUNE 14, 2016
	AMENDED IN ASSEMBLY  APRIL 11, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Gomez

                        JANUARY 20, 2016

   An act to amend Sections 43016, 43151, 43154, 43211, and 43212 of,
and to add Section 43214 to, the Health and Safety Code, relating to
vehicular air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1685, as amended, Gomez. Vehicular air pollution: civil
penalties.
   (1) Existing law requires the State Air Resources Board to adopt
and implement standards for the control of emissions from new motor
vehicles that the state board finds to be necessary and
technologically feasible. Existing law prohibits a new motor vehicle
from being sold in the state that does not meet the emissions
standards adopted by the state board. Existing law provides that a
person who violates specified vehicular air pollution statutes or
specified orders, rules, or regulations of the state board is subject
to a civil penalty of up to $500 per vehicle. Existing law provides
that any manufacturer who sells, attempts to sell, or causes to be
offered for sale a new motor vehicle that fails to meet the
applicable emission standards is subject to a civil penalty of $5,000
per  action.  violation.  Existing law
provides that a manufacturer or distributor who does not comply with
the emission standards or the test procedures adopted by the state
board is subject to a civil penalty of $50 per vehicle.
   This bill would increase those penalties to up to $37,500 per
 action   violation  or vehicle. The bill
would require the state board to adjust those maximum penalties for
inflation, as specified, and would exempt those adjustments from the
Administrative Procedure Act. The bill would  require that
  authorize  the payment of a penalty for the
violation of specified vehicular air pollution statutes or specified
orders, rules, or regulations of the state board be a condition for
the continued sale by a manufacturer or distributor of products that
are  subject to regulation   alleged or found to
be in violation  by the state board.
   This bill would authorize the state board to order a manufacturer
of motor vehicles to bring the vehicles into compliance with the
emissions configuration to which they were certified. The bill would
 require   authorize  the manufacturer to
be in compliance with the state board's order as a condition for the
continued sale of motor vehicles in the state.
   (2) Existing law prohibits a person who is a state resident or who
operates an established place of business within the state from
importing, delivering, purchasing, renting, leasing, acquiring, or
receiving a new motor vehicle, new motor vehicle engine, or motor
vehicle with a new motor vehicle engine for use, registration, or
resale in the state unless the motor vehicle engine or new motor
vehicle has been certified to meet specified emissions standards.
Existing law provides that a person who violates specified provisions
relating to transactions of new motor vehicles or new motor vehicle
engines is subject to a civil penalty of up to $5,000 per vehicle.
   This bill instead would prohibit any person from offering for
sale, introducing into commerce, importing, delivering, purchasing,
renting, leasing, acquiring, or receiving a new motor vehicle, new
motor vehicle engine, or motor vehicle with a new motor vehicle
engine for use, registration, or resale in the state unless the motor
vehicle engine or new motor vehicle has been certified to meet those
specified emissions standards.
   This bill would increase the civil penalty to up to $37,500 per
 action   violation  and up to $10,000 for
a dealer, as defined, for violating those specified provisions
relating to transactions of new motor vehicles or new motor vehicle
engines. The bill would require the state board to adjust those
maximum penalties for inflation, as specified, and would exempt those
adjustments from the Administrative Procedure Act. The bill would
 require that   authorize  the payment of
the penalty be a condition for the continued sale  in the state
by that manufacturer or distribut   or  of motor
vehicles  by the manufacturer or distributer in the state.
  that are alleged or found to be in violation by the
state board. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 43016 of the Health and Safety Code is amended
to read:
   43016.  (a) (1) A person who violates any provision of this part,
or any order, rule, or regulation of the state board adopted pursuant
to this part, and for which violation there is not provided in this
part any other specific civil penalty or fine, shall be subject to a
civil penalty not to exceed thirty-seven thousand five hundred
dollars ($37,500) for each  such action  
violation  subject to regulation pursuant to this part.
Violations involving portable fuel containers or small off-road
engines shall be subject to a civil penalty not to exceed five
hundred dollars ($500) per unit. For a manufacturer or distributor
who violates any provision of this part, or any order, rule, or
regulation of the state board adopted pursuant to this part, the
payment of the penalty  shall   may  be a
condition for the continued sale  in this state  by the
manufacturer or distributor  in this state  of
products  regulated   that are alleged or found
to be in violation  by the state  board pursuant to this
division.   board. 
   (2) The state board shall adjust the maximum penalties specified
in paragraph (1) for inflation based on the California Consumer Price
Index. The adjustment shall be exempt from the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
   (b) Any penalty collected pursuant to this section shall be
deposited in the Air Pollution Control Fund.
  SEC. 2.  Section 43151 of the Health and Safety Code is amended to
read:
   43151.  (a) A person shall not offer for sale, introduce into
commerce, import, deliver, purchase, rent, lease, acquire, or receive
a new motor vehicle, new motor vehicle engine, or motor vehicle with
a new motor vehicle engine for use, registration, or resale in this
state unless the motor vehicle engine or motor vehicle has been
certified pursuant to this chapter. A person shall not attempt or
assist in  any such   that  action.
   (b) This article shall not apply to a vehicle acquired by a
resident of this state for the purpose of replacing a vehicle
registered to that resident that was damaged or became inoperative
beyond reasonable repair or was stolen while out of this state
provided that the replacement vehicle is acquired out of state at the
time the previously owned vehicle was either damaged or became
inoperative or was stolen. This article shall not apply to a vehicle
transferred by inheritance or by a decree of divorce, dissolution, or
legal separation entered by a court of competent jurisdiction, or to
any vehicle sold after the effective date of the amendments to this
subdivision at the 1979-80 Regular Session of the Legislature if the
vehicle was registered in this state before that effective date.
   (c) This chapter shall not apply to any motor vehicle having a
certificate of conformity issued pursuant to the federal Clean Air
Act (42 U.S.C. Sec. 7401 et seq.) and originally registered in
another state by a resident of that state who subsequently
establishes residence in this state and who, upon registration of the
vehicle in this state, provides satisfactory evidence to the
Department of Motor Vehicles of the previous residence and
registration. This subdivision shall become operative 180 calendar
days after the state board adopts regulations for the certification
of new direct import vehicles pursuant to Section 43203.5.
  SEC. 3.  Section 43154 of the Health and Safety Code is amended to
read:
   43154.  (a) (1) A person who violates any provision of this
article shall be subject to a civil penalty not to exceed
thirty-seven thousand five hundred dollars ($37,500) for each
 such action.   violation.  For a
manufacturer or distributor who violates any provision of this
article, the payment of the penalty  shall   may
 be a condition for the continued sale  in this state by
that manufacturer or distributor  of motor vehicles  by
that manufacturer or distributor in this state.   that
are alleged or found to be in violation by the state board. 
   (2) Notwithstanding paragraph (1), a dealer, as defined in Section
285 of the Vehicle Code, who violates any provision of this article
shall be subject to a civil penalty not to exceed ten thousand
dollars ($10,000) for each  such action.  
violation. 
   (3) The state board shall adjust the maximum penalty specified in
paragraphs (1) and (2) for inflation based on the California Consumer
Price Index. The adjustment shall be exempt from the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
   (b) Any action to recover a penalty under this section shall be
brought in the name of the people of the State of California in the
superior court of the county where the violation occurred, or in the
county where the defendant's residence or principal place of business
is located, by the Attorney General on behalf of the state board, in
which event all penalties adjudged by the court shall be deposited
in the Air Pollution Control Fund, or by the district attorney or
county attorney of such   that  county, or
by the city attorney of a city in that county, in which event all
penalties adjudged by the court shall be deposited with the treasurer
of the county or city, as the case may be.
  SEC. 4.  Section 43211 of the Health and Safety Code is amended to
read:
   43211.  (a) (1) A new motor vehicle sold in California shall meet
the emission standards adopted by the state board, and a manufacturer
who sells, attempts to sell, or causes to be offered for sale a new
motor vehicle that fails to meet the applicable emission standards
shall be subject to a civil penalty not to exceed thirty-seven
thousand five hundred dollars ($37,500) for each  such
action.   violation. 
   (2) The state board shall adjust the maximum penalty specified in
paragraph (1) for inflation based on the California Consumer Price
Index. The adjustment shall be exempt from the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
   (b) Any penalty recovered pursuant to this section shall be
deposited into the General Fund.
  SEC. 5.  Section 43212 of the Health and Safety Code is amended to
read:
   43212.  (a) (1) A manufacturer or distributor who does not comply
with the emission standards or the test procedures adopted by the
state board shall be subject to a civil penalty not to exceed
thirty-seven thousand five hundred dollars ($37,500) for each vehicle
that does not comply with the standards or procedures and that is
first sold in this state. The payment of  such  
those  penalties to the state board  shall 
 may  be a condition to the further sale  in this state
 by the manufacturer or distributor of motor vehicles 
in this state.   that are alleged or found to be in
violation by the state board. 
   (2) The state board shall adjust the maximum penalty specified in
paragraph (1) for inflation based on the California Consumer Price
Index. The adjustment shall be exempt from the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
   (b) Any penalty recovered pursuant to this section shall be
deposited into the Air Pollution Control Fund.
  SEC. 6.  Section 43214 is added to the Health and Safety Code, to
read:
   43214.  The state board may order a manufacturer of motor vehicles
to bring its vehicles into compliance with the emissions
configuration to which they were certified. Compliance with the order
 shall   may  be a condition for the
continued sale  in this state by that manufacturer  of motor
vehicles  by that manufacturer in this state.  
that are alleged or   found to be in violation by the state
board.