Bill Text: CA SB1230 | 2011-2012 | Regular Session | Amended

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Bill Title: Occupational Safety and Health Standards Board:

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-04-11 - Set, first hearing. Hearing canceled at the request of author. [SB1230 Detail]

Download: California-2011-SB1230-Amended.html

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BILL NUMBER: SB 1230	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senators  Runner   
 and Wright   Wright   and Runner


                        FEBRUARY 23, 2012

   An act to add Section 144.9 to the Labor Code, relating to
occupational safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1230, as amended,  Runner  Wright.
Occupational Safety and Health Standards Board: emissions control.
   (1) Existing law establishes the Occupational Safety and Health
Standards Board within the Department of Industrial Relations and
requires the standards board to adopt occupational safety and health
standards. Certain violations of these standards are crimes.
   Existing law requires the State Air Resources Board to adopt and
implement motor vehicle emission standards, in-use performance
standards, and motor vehicle fuel specifications for the control of
air contaminants and sources of air pollution that the state board
has found to be necessary, cost effective, and technologically
feasible.
   This bill would require the Occupational Safety and Health
Standards Board to adopt standards designed to ensure the safety of
the operator  and public  in the installation, use,
and operation of a verified diesel emission control strategy, as
defined, required by a regulation adopted by the State Air Resources
Board to be installed on an on-road heavy-duty diesel-fueled motor
vehicle.  The bill would require the certification of each
strategy and would prohibit the installation of the strategy before
certification. A person or entity required to comply with the State
Air Resources Board regulation would be deemed to be in compliance
with the State Air Resources Board regulation if an inadequate number
of verified diesel emission control strategies have been certified
before the compliance date of the State Air Resources Board
regulatory requirement.   The bill would prohibit the
State Air Resources Board from requiring a fleet owner, as defined,
to install a verified diesel emission   control strategy
until 6 months after the adoption of the standards.  Because
certain violations of the safety standard adopted by the Occupational
Safety and Health Standards Board would be a crime pursuant to
provisions of existing law, the bill would impose a state-mandated
local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Article 4.8 (commencing with Section 2449) of Chapter 9 of
Division 3 of Title 13 of the California Code of Regulations
implements a regulation governing in-use off-road diesel equipment in
a phased approach designed to reduce the financial impact on the
owners of off-road diesel equipment by providing them ample time to
prepare for implementation of the regulation. The regulation will
significantly reduce the public's exposure to particulate matter (PM)
and oxides of nitrogen (NOx) from in-use off-road diesel vehicles
once it is fully implemented.
   (b) The Occupational Safety and Health Standards Board has
promulgated standards to ensure the safe installation and safe
operation of vehicle exhaust retrofits for in-use off-road diesel
equipment. 
   (d) 
    (c)  A similar regulation contained in Section 2025 of
Title 13 of the California Code of Regulations seeks to reduce the
public's exposure to PM and NOx from in-use on-road diesel vehicles.
Its implementation is also phased in over time  to 2020  to
provide the owners of these vehicles ample time to prepare. The
regulation relies on the installation of verified diesel emission
control systems  on almost one million vehicles in California
 . 
   (e) 
    (d)  Chapter 14 (commencing with Section 2700) of
Division 3 of Title 13 of the California Code of Regulations requires
any system designed to reduce the emissions of PM and NOx from
diesel engines to be verified by the State Air Resources Board. The
verification process extensively tests the emissions and durability
of the system. 
   (f) 
    (e) Because the verification process is primarily
focused on the amount and type of exhaust emissions but not
specifically designed to ensure the safety of the  public and
 operator, there is a need for the Occupational Safety and
Health Standards Board to develop standards to ensure the safety of
 the public and  the individual operating the
vehicle. 
   (g) The unique phased-in implementation period of the on-road rule
grants the Occupational Safety and Health Standards Board ample time
to develop standards governing the safe use of verified diesel
emission control systems.  
   (f) The State Air Resources Board has recognized the presence of a
safety issue related to some emission equipment currently being
installed. It issued a letter on September 17, 2011, suspending the
installation of a certain type of filter because "they may experience
a catastrophic failure mode that was previously unknown, creating
concerns about the safe deployment of these systems." 
  SEC. 2.  Section 144.9 is added to the Labor Code, to read:
   144.9.  (a) By January 1, 2014, the board shall adopt standards
designed to ensure the safety of the operator  and public
 in the installation, use, and operation of a verified
diesel emission control strategy on on-road heavy-duty diesel-fueled
motor vehicles. The standards shall, at a minimum, ensure all of the
following:
   (1) The strategy shall not reduce the capacity, structural
integrity, or safe performance of a vehicle.
   (2) The strategy shall not reduce an operator's ability to enter
or exit a vehicle safely.
   (3) The strategy shall not increase the risk of a vehicle fire.
   (4) The strategy shall not, through routine maintenance, emergency
maintenance, or normal operations, burn or harm the operator.
   (5) To the extent feasible, the strategy shall not cause the
vehicle to stop operating while traveling on the highway or roadway.

   (b) To implement subdivision (a), the board may require a
manufacturer of a verified diesel emission control strategy to
provide detailed test results.  
   (c) Upon the adoption of standards as required by subdivision (a),
the board shall develop a certification process for every verified
diesel emission control strategy. The ____ shall administer the
certification program. The ____ may assess a fee to offset the agency'
s costs in administering the program.  
   (d) A person or entity required by a regulation adopted by the
State Air Resources Board to install a verified diesel emission
control strategy on an on-road heavy-duty diesel-fueled motor vehicle
shall not install that strategy until it is certified pursuant to
subdivision (c).  
   (e) A person or entity described in subdivision (d) shall be
deemed to be in compliance with the State Air Resources Board
regulation if an inadequate number of verified diesel emission
control strategies have been certified before the compliance date of
the State Air Resources Board regulatory requirement. 

   (f) As used in this section, the following terms have the
following meanings:  
   (1) "Inadequate" means _____.  
   (6) To the extent feasible, the strategy shall not affect the
normal function and operation of the vehicle.  
   (b) The State Air Resources Board shall not require a fleet owner
to install a verified diesel emission control strategy until six
months after the adoption of standards pursuant to subdivision (a).
 
   (c) Except as specifically provided in subdivision (b), this
section does not delay the compliance date or change any other
requirement of a regulation adopted by the State Air Resources Board
to install a verified diesel emission control strategy on an on-road
heavy-duty diesel-fueled motor vehicle.  
   (d) As used in this section, the following terms have the
following meanings:  
   (1) "Fleet owner" means a person or entity required by a
regulation adopted by the State Air Resources Board to install a
verified diesel emission control strategy on an on-road heavy-duty
diesel-fueled motor vehicle. 
   (2) "Verified diesel emission control strategy" means an emissions
control strategy designed primarily for the reduction of diesel
particulate matter emissions, and verified pursuant to State Air
Resources Board verification procedures, that is required to comply
with a regulation adopted by the State Air Resources Board.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.