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AB-1922 Heavy-duty vehicles: smoke emissions.(2011-2012)

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AB1922:v95#DOCUMENT

Assembly Bill No. 1922
CHAPTER 242

An act to amend Section 43701 of the Health and Safety Code, relating to vehicular air pollution.

[ Approved by Governor  September 07, 2012. Filed with Secretary of State  September 07, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1922, Lara. Heavy-duty vehicles: smoke emissions.
Existing law requires the State Air Resources Board to adopt regulations requiring owners or operators of heavy-duty diesel motor vehicles to perform regular inspections of their vehicles for excessive emissions of smoke. Existing regulations require the owner of a heavy-duty diesel-fueled vehicle to test the vehicle for excessive smoke emissions periodically, as specified, and requires the vehicle to be periodically tested for smoke opacity and repaired if the applicable smoke opacity standard is exceeded within 12 months of the previous test, as prescribed.
This bill would require, on or before December 31 of each year, a fleet, as defined, to comply with the regulations and standards for that calendar year.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 43701 of the Health and Safety Code is amended to read:

43701.
 (a) (1) Not later than July 15, 1992, the state board, in consultation with the bureau and the review committee established pursuant to subdivision (a) of Section 44021, shall, after a public hearing, adopt regulations that require that owners or operators of heavy-duty diesel motor vehicles perform regular inspections of their vehicles for excessive emissions of smoke. The inspection procedure, the frequency of inspections, the emission standards for smoke, and the actions the vehicle owner or operator is required to take to remedy excessive smoke emissions shall be specified by the state board. Those standards shall be developed in consultation with interested parties. The smoke standards adopted under this subdivision shall not be more stringent than those adopted under Chapter 5 (commencing with Section 44000).
(2) (A) On or before December 31 of each year, a fleet shall comply with the regulations and standards for that calendar year.
(B) For purposes of this paragraph, “fleet” means any group of two or more heavy-duty diesel-fueled vehicles that are owned or operated by the same person.
(b) Not later than December 15, 1993, the state board shall, in consultation with the State Energy Resources Conservation and Development Commission, and after a public hearing, adopt regulations that require that heavy-duty diesel motor vehicles subject to subdivision (a) utilize emission control equipment and alternative fuels. The state board shall consider, but not be limited to, the use of cleaner burning diesel fuel, or other methods that will reduce gaseous and smoke emissions to the greatest extent feasible, taking into consideration the cost of compliance. The regulations shall provide that any significant modification of the engine necessary to meet these requirements shall be made during a regularly scheduled major maintenance or overhaul of the vehicle’s engine. If the state board requires the use of alternative fuels, it shall do so only to the extent those fuels are available.
(c) The state board shall adopt emissions standards and procedures for the qualification of any equipment used to meet the requirements of subdivision (b), and only qualified equipment shall be used.
(d) To the extent permissible under federal law, commencing January 1, 2006, the owner or operator of any commercial motor truck, as defined in Section 410 of the Vehicle Code, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds that enters the state for the purposes of operating in the state shall maintain, and provide upon demand to enforcement authorities, evidence demonstrating that its engine met the federal emission standards applicable to commercial heavy-duty engines for that engine’s model-year at the time it was manufactured, pursuant to the protocol and regulations developed and implemented pursuant to subdivision (e).
(e) The state board, not later than January 1, 2006, in consultation with the Department of the California Highway Patrol, shall develop, adopt, and implement regulations establishing an inspection protocol for determining whether the engine of a truck subject to the requirements of subdivision (d) met the federal emission standard applicable to heavy-duty engines for that engine’s model-year at the time it was manufactured.