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AB-129 Gasoline: MTBE.(1999-2000)

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AB129:v98#DOCUMENT

Amended  IN  Assembly  April 19, 1999

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 129

Introduced  by  Assembly Member Oller, Briggs
 (Principal Coauthor(s): Senator Leslie, Mountjoy)
 (Coauthor(s): Assembly Member Cunneen, House, Leach, Margett, Pescetti)
 (Coauthor(s): Senator Johannessen, Knight, Monteith, Morrow)

January 06, 1999

An act to add Section 43013.3 to the Health and Safety Code, relating to gasoline, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 129, as amended, Oller. Gasoline: MTBE.
(1) Existing law authorizes the State Air Resources Board, among other things, to adopt and implement motor vehicle fuel specifications for the control of air contaminants and sources of air pollution.
This bill would make it a misdemeanor to use add methyl tertiary butyl ether (MTBE) in to gasoline. by during the manufacturing or refining process or to sell or offer for sale gasoline that contains MTBE. By creating a new crime crimes, 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.
(3) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 43013.3 is added to the Health and Safety Code, to read:
43013.3.

(a)The use of methyl tertiary butyl ether (MTBE) in gasoline is prohibited.

43013.3.
 (a) The following acts are prohibited.
(1) Adding methyl tertiary butyl ether (MTBE) to gasoline during the manufacturing or refining process.
(2) Selling or offering for sale gasoline that contains MTBE.
(b) A violation of this section is a misdemeanor.

SEC. 2.

 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.

Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the public health as soon as possible, it is necessary for this act to take effect immediately.