Bill Text: CA SB41 | 2017-2018 | Regular Session | Amended


Bill Title: State Air Resources Board: compliance: regulations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-04-04 - April 5 set for second hearing canceled at the request of author. [SB41 Detail]

Download: California-2017-SB41-Amended.html

Amended  IN  Senate  March 23, 2017
Amended  IN  Senate  March 15, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 41


Introduced by Senator Galgiani

December 05, 2016


An act to add and repeal Section 39601.1 of the Health and Safety Code, relating to vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


SB 41, as amended, Galgiani. State Air Resources Board: compliance: regulations.
Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board has adopted a regulation to significantly reduce emissions of particulate matter, oxides of nitrogen, and other criteria air pollutants from existing diesel trucks and buses operating in the state, commonly known as the Truck and Bus Regulation.
This bill would require the state board, until January 1, 2023, to deem a person, as defined, to be in compliance with the Truck and Bus Regulation and would prohibit the state board from requiring a person to expend further moneys to achieve compliance with, or from seeking to enforce against that person, that regulation if specified conditions are met.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 39601.1 is added to the Health and Safety Code, to read:

39601.1.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Equipment” means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:
(A) Purchased to comply with the regulation.
(B) The warranty failed Failed during the warranty period.
(C) The manufacturer is no longer in business.
(2) “Person” has the same meaning as in Section 39047.
(3) “Regulation” means Section 2025 of Title 13 of the California Code of Regulations, commonly known as the Truck and Bus Regulation.
(b) A person who purchased equipment shall be deemed to be in compliance with the regulation, and the state board shall not require that person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the regulation if all of the following occur:
(1) The regulation adopted by the state board requires a person to comply with the regulation by expending moneys on any equipment, technologies, or practices.
(2) A person, in order to comply with the regulation, in fact has expended moneys on equipment, including as part of any early compliance program provided for in the regulation.
(3) The equipment had been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.
(4) The equipment subsequently was proved or declared by the state board to be inadequate to achieve compliance with the regulation.
(5) The specific use and design of the vehicle subject to the regulation make it ineligible for both of the following: to receive moneys from the filter substrate replacement program under the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code).

(A)To receive moneys pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20), Div. 1, Title 2, Gov. C.).

(B)The grace period the state board made available to purchasers of other equipment.

(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

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