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AB-582 Vehicles: emissions: surveillance.(2017-2018)

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Date Published: 03/23/2017 04:00 AM
AB582:v98#DOCUMENT

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 43202.5 to, the Health and Safety Code, relating to vehicular air pollution, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 582, as amended, Cristina Garcia. Vehicles: emissions: surveillance.
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 Existing law authorizes the sale and registration of a new motor vehicle to be rescinded or withheld if a manufacturer of a new motor vehicle prevents the state board from conducting surveillance of assembly line testing.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 new motor vehicles to detect defeat devices or other software used to evade the surveillance of emissions, 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.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 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 new motor vehicles to detect defeat devices or other software used to evade the surveillance of emissions. The enhancement shall include, but need not be limited to, all both of the following:

(a)

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

(b)

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

(c)Contracts with experts in the surveillance of emissions and motor vehicle software to develop new surveillance methods and test cycles and to perform testing on behalf of the state board.

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

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.