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SB-638 Heavy-duty motor vehicles.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
SB638:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 638


Introduced by Senator Leyva

February 17, 2017


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


LEGISLATIVE COUNSEL'S DIGEST


SB 638, as introduced, Leyva. Heavy-duty motor vehicles.
Existing law requires the State Air Resources Board, in consultation with the Bureau of Automotive Repair and a specified review committee, 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 law requires the state board, in consultation with the State Energy Resources Conservation and Development Commission, to adopt regulations requiring heavy-duty diesel motor vehicles to use emission control equipment and alternative fuels.
This bill would delete the references and requirements pertaining to excessive emissions of smoke by heavy-duty diesel vehicles. The bill would instead require the state board, by an unspecified date, to adopt regulations that require owners or operators of heavy duty motor vehicles used for commercial purposes to perform regular inspections of their vehicles for compliance with emission standards of the state board. The bill would require a fleet, as defined, of these vehicles to comply with the state board’s emission standards in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.
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, board shall, after a public hearing, adopt regulations that require that owners or operators of heavy-duty diesel motor vehicles used for commercial purposes to perform regular inspections of their vehicles for excessive emissions of smoke. compliance with emission standards of the state board. The inspection procedure, the frequency of inspections, the emission standards for smoke, standards, and the actions the vehicle owner or operator is required to take to remedy excessive smoke emissions noncompliance 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 A fleet shall comply with the regulations and state board’s emission standards for that calendar year. in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.
(B) For purposes of this paragraph, “fleet” means any group of two one or more heavy-duty diesel-fueled motor vehicles used for commercial purposes 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.