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AB-1384 Gasoline: vapor recovery systems.(2009-2010)

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AB1384:v97#DOCUMENT

Amended  IN  Assembly  April 29, 2009
Amended  IN  Assembly  April 13, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 1384

Introduced  by  Assembly Member Miller
 (Coauthor(s): Assembly Member Adams, Anderson, Arambula, Bill Berryhill, Tom Berryhill, Conway, Cook, Duvall, Fletcher, Fuller, Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight, Logue, Nestande, Niello, Nielsen, Silva, Smyth, Tran, Villines)
 (Coauthor(s): Senator Calderon, Correa, Cox, Wright)

February 27, 2009

An act to amend Section 41964 of the Health and Safety Code, relating to air pollution. pollution, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1384, as amended, Miller. Gasoline: vapor recovery systems.
Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. Regulations adopted by the state board require an Enhanced Vapor Recovery Phase II upgrade by April 1, 2009, as provided.
This bill would prohibit the state board from requiring a gasoline dispensing facility owned or operated by a local government that does not meet these requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 41964 of the Health and Safety Code is amended to read:

41964.
 (a) The state board shall not require a gasoline dispensing facility that meets all of the following requirements to undergo an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011:
(1) As of January 1, 2009, have installed a state board certified Phase II vapor recovery system.
(2) Have an annual gasoline throughput of 240,000 gallons or less.
(3) Operate in a county that has a population of less than 100,000.
(4) Operate in a basin not classified as nonattainment for ozone.
(b) The state board shall not require a gasoline dispensing facility owned or operated by a local government that does not meet all of the requirements of subdivision (a) to undergo an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010.

SEC. 2.

 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 act as soon as possible to prevent the State Air Resources Board from imposing on certain gasoline dispensing facilities the requirement to undergo an Enhanced Vapor Recovery Phase II upgrade, it is necessary that this act take effect immediately.