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AB-582 Vehicles: emissions: certification, auditing, and compliance.(2017-2018)

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Date Published: 06/19/2017 09:00 PM
AB582:v97#DOCUMENT

Amended  IN  Senate  June 19, 2017
Amended  IN  Assembly  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 582


Introduced by Assembly Member Cristina Garcia

February 14, 2017


An act to amend Section 43203 of, and to add Section Sections 43202.5 to, and 43202.6 to the Health and Safety Code, relating to vehicular air pollution, and making an appropriation therefor. pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 582, as amended, Cristina Garcia. Vehicles: emissions: surveillance. certification, auditing, and compliance.
Existing law requires a manufacturer of a new motor vehicle to allow the State Air Resources Board to conduct surveillance emissions testing at its assembly facilities or at any other location where the manufacturer’s assembly line testing is performed and testing records are kept. Existing law authorizes the sale and registration of a new motor vehicle to be rescinded or withheld if a manufacturer of a new motor vehicle prevents the state board from conducting surveillance of assembly line testing. Existing law authorizes the state board to impose a fee on the manufacturers of new motor vehicles to recover the state board’s costs associated with this surveillance. Existing law continuously appropriates those fees to the state board.
This bill would require the state board to enhance its surveillance of emissions from certification, audit, and compliance workload for new motor vehicles to detect defeat devices or other software used to evade the surveillance of emissions, emissions testing, as specified. The bill would authorize the state board to impose a fee on the manufacturers of new motor vehicles to cover the state board’s costs associated with the enhanced surveillance. By expanding an existing continuous appropriation, this bill would make an appropriation. state board’s certification, audit, and compliance workload. The bill would authorize the state board to impose a penalty on the manufacturers of new motor vehicles relating to the state board’s certification, audit, and compliance workload if specified conditions are met. The bill would create the Certification Fund and the Certification Penalty Account, with the moneys in both the fund and account available upon appropriation.
Vote: MAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares both of the following:
(a) The State Air Resources Board should have the resources and tools needed to stay at the forefront of detecting defeat devices or other attempts to circumvent vehicle emissions standards.
(b) The State Air Resources Board’s vehicle emissions testing program should remain a leader in the country in protecting air quality.

SECTION 1.SEC. 2.

 Section 43202.5 is added to the Health and Safety Code, to read:

43202.5.
 (a) The state board shall enhance its surveillance of emissions from certification, audit, and compliance workload for new motor vehicles to detect defeat devices or other software used to evade the surveillance of emissions. emissions testing. The enhancement shall include, but need not be limited to, both of the following: the increased utilization of in-use and real-world conditions emissions testing.

(1)Partnerships with academic institutions, national laboratories, and private laboratories.

(2)Increased utilization of real-world conditions emissions testing.

(b) To further the objectives of subdivision (a), the state board may enter into agreements with nonstate entities consult or partner with academic institutions and laboratories to do any of the following:
(1) Develop new surveillance methods and test cycles.
(2) Perform emissions testing on behalf of the state board.
(3) Conduct research on vehicle emissions testing.

SEC. 3.

 Section 43202.6 is added to the Health and Safety Code, to read:

43202.6.
 (a) (1) The Certification Fund is hereby created in the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature to the state board to implement Section 43202.5.
(2) The Certification Penalty Account is hereby created in the Certification Fund in the State Treasury. Moneys in the account shall be available upon appropriation by the Legislature.
(b) The state board, by regulation, may impose fees on manufacturers of new motor vehicles to recover the state board’s reasonable costs in implementing Section 43202.5. The total amount of fees collected pursuant to this section shall not exceed seven million dollars ($7,000,000) in the 2018–19 fiscal year, and in any subsequent year shall not increase by an amount greater than the annual increase in the California Consumer Price Index, operational costs, and labor costs.
(c) A manufacturer that fails to pay a fee imposed pursuant to subdivision (b) within 60 days after receiving an invoice shall pay the state board an additional charge equal to 10 percent of the fee specified in subdivision (b). If the manufacturer notifies the state board within 60 days after receiving the invoice that additional information is needed to honor the invoice, the state board shall grant an additional 90 days for payment without the imposition of an additional charge. An additional interest fee equal to the rate of interest earned by the Pooled Money Investment Account shall be imposed upon the fee specified in subdivision (b) and the additional charges specified in this subdivision and subdivision (d) for each 30-day period for which they remain unpaid, commencing 60 days after the receipt of the original invoice.
(d) A manufacturer that fails to pay all the fees imposed pursuant to this section within one year from the date of receipt of the original invoice shall pay a charge equal to 100 percent of the fees imposed pursuant to subdivision (b). A manufacturer who fails to pay all the charges imposed pursuant to this section within two years from the date of receipt of the original invoice shall pay a penalty equal to 100 percent of the charges imposed pursuant to subdivision (b) and this subdivision for each one-year period for which they remain unpaid.
(e) (1) All moneys collected pursuant to subdivision (b) shall be deposited in the Certification Fund.
(2) All moneys collected pursuant to subdivisions (c) and (d) shall be deposited in the Certification Penalty Account.

SEC. 2.Section 43203 of the Health and Safety Code is amended to read:
43203.

(a)(1)In connection with the surveillance of emissions from new motor vehicles prior to their retail sale pursuant to Section 43202, the state board, by regulation, may impose fees on manufacturers of these motor vehicles to recover the state board’s costs in conducting this surveillance.

(2)In connection with the surveillance of emissions from new motor vehicles pursuant to Section 43202.5, the state board, by regulation, may impose fees on manufacturers of these motor vehicles to recover the state board’s costs in conducting this surveillance.

(b)A manufacturer who fails to pay a fee imposed pursuant to this section within 60 days after receiving an invoice shall pay the state board an additional fee equal to 10 percent of the fee specified in subdivision (a). If the manufacturer notifies the state board, within 60 days after receiving the invoice, that additional information is needed to honor the invoice, the state board shall grant an additional 90 days for payment without the imposition of an additional fee. An additional interest fee equal to the rate of interest earned by the Pooled Money Investment Account shall be imposed upon the fee specified in subdivision (a) and the additional fees specified in this subdivision and subdivision (c) for each 30-day period for which they remain unpaid, commencing 60 days after the receipt of the original invoice.

(c)A manufacturer who fails to pay all the fees imposed pursuant to this section within one year from the date of receipt of the original invoice shall pay a penalty fee equal to 100 percent of the fees imposed pursuant to subdivisions (a) and (b). A manufacturer who fails to pay all the fees and penalties imposed pursuant to this section within two years from the date of receipt of the original invoice shall pay a penalty equal to 100 percent of the fees and penalties imposed pursuant to subdivisions (a) and (b) and to this subdivision, for each one-year period for which they remain unpaid.

(d)Fees authorized by this section shall be imposed only for the surveillance of emissions from new motor vehicles actually conducted.

(e)Notwithstanding Section 13340 of the Government Code, all fees collected pursuant to subdivision (a) are continuously appropriated to the state board, to be credited as a reimbursement of the board’s costs incurred in its program for the surveillance of emissions from new motor vehicles. All fees collected pursuant to subdivisions (b) and (c) shall be deposited by the state board into the Air Pollution Control Fund.