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SB-210 Heavy-Duty Vehicle Inspection and Maintenance Program.(2017-2018)

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Date Published: 08/23/2017 09:00 PM
SB210:v96#DOCUMENT

Amended  IN  Assembly  August 23, 2017
Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  March 15, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 210


Introduced by Senator Leyva
(Principal coauthor: Assembly Member Reyes)

February 01, 2017


An act to amend Section 116276 of the Health and Safety Code, relating to public health. add Chapter 5.5 (commencing with Section 44150) to Part 5 of Division 26 of the Health and Safety Code, relating to vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


SB 210, as amended, Leyva. Pupil health: drinking water. Heavy-Duty Vehicle Inspection and Maintenance Program.
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 authorize the state board to develop and implement a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline heavy-duty onroad motor vehicles, as specified. The bill would authorize the state board to assess a fee and penalties as part of the program. The bill would create the Truck Emission Check (TEC) Fund and the Diesel Emission System Inspection and Smoke Test (DESIST) Account in the fund, with all the moneys deposited in each fund to be available upon appropriation.

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities located on public school property. The act requires the state board to give priority to certain projects.

This bill would require priority be given to projects for schools that have tested their drinking water fixtures, and the results show that the drinking water either does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the California maximum contaminant level for any other contaminant, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Communities in the state are too often exposed to unhealthy air. Communities near hubs of activity, such as warehouses and distribution centers, ports, highways, and roads with high levels of truck traffic, bear the burden of heavy-duty trucks that are not maintained.
(b) Trade corridors, such as those in the Inland Empire and Central Valley, consist of some of the most environmentally disadvantaged cities in the state.
(c) As of 2016, heavy-duty trucks operating in the state emitted nearly 60 percent of all oxides of nitrogen emissions from mobile sources, which are the most significant contributor to both federal ozone and fine particulate matter (PM2.5) air quality standard violations across the sate. Heavy-duty diesel trucks are also the largest source of diesel particulate matter emissions in the state. Diesel particulate matter is a carcinogen and toxic air contaminant. Risks are particularly high in urban areas and along busy roadways where trucks operate.
(d) Statewide, about 12 million residents live in communities that exceed the federal ozone and PM2.5 standards. The health and economic impacts of exposure to elevated levels of ozone and PM2.5 in the state are considerable. Meeting air quality standards will pay substantial dividends in terms of reducing costs associated with emergency room visits and hospitalization, lost work and school days, and, most importantly, premature mortality.
(e) While the state has made significant progress in improving air quality through existing programs by the state and air pollution control and air quality management districts, further action must be taken to achieve our public health, air quality, and climate goals
(f) The Heavy-Duty Vehicle Inspection and Maintenance Program established by Section 44150 of the Health and Safety Code is a key step in achieving the state’s goals to improve public health and meeting our environmental imperatives.
(g) It is the intent of the Legislature that the Heavy-Duty Vehicle Inspection and Maintenance Program be developed in partnership between affected state agencies, the public, industry, and other stakeholders. It is further the intent of the Legislature for this program to be developed in a way that minimizes costs to truck owners and fleets; provides a level playing field for industry through effective enforcement; and provides flexibility for the program to adapt as truck technology and industry evolves.

SEC. 2.

 Chapter 5.5 (commencing with Section 44150) is added to Part 5 of Division 26 of the Health and Safety Code, to read:
CHAPTER  5.5. Heavy-Duty Vehicle Inspection and Maintenance Program

44150.
 (a) The state board, in consultation with the bureau and the Department of Motor Vehicles, may develop and implement a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline heavy-duty onroad motor vehicles with a gross vehicle weight rating of more than 14,000 pounds, as defined by the state board, including, but not limited to, single-vehicle fleets and other vehicles that are registered in another state and operate in the state. In implementing the program, the state board may do all of the following:
(1) Establish test procedures for different motor vehicle model years and emissions control technologies that measure the effectiveness of the control of emissions of oxides of nitrogen, particulate matter, and greenhouse gases. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems.
(2) Require a motor vehicle to pass the test procedures in order to register or operate in the state.
(3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history.
(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.
(5) Develop an information technology database to collect and track vehicle test data, assess the data to determine compliance, and regularly generate lists of compliant vehicle identification numbers and transmit them to the Department of Motor Vehicles in order for the Department of Motor Vehicles to issue annual vehicle registration notices.
(6) Allow for contracting for services to administer any component of the program.
(7) Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.
(8) Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.

44151.
 (a) The state board shall assess a fee to fund the reasonable costs of implementing the program established pursuant to this chapter.
(b) All fees collected by the state board pursuant to this chapter shall be deposited in the Truck Emission Check (TEC) Fund, which is hereby created in the State Treasury. All moneys in the fund shall be available upon appropriation by the Legislature to the state board for the purposes of this chapter.
(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature.

44152.
 The state board, in consultation with the bureau, the Department of Motor Vehicles, and stakeholders as part of a public process, may implement a pilot program prior to fully implementing the program authorized pursuant to this chapter.

SECTION 1.Section 116276 of the Health and Safety Code is amended to read:
116276.

(a)The state board shall establish a program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools consistent with the Legislature’s intent that school facilities be maintained in “good repair,” as defined in paragraph (1) of subdivision (d) of Section 17002 of the Education Code. Eligible entities shall be limited to local educational agencies serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities, as defined in Section 1596.750, located on public school property. The program shall include, but not be limited to, funding for at least one of the following:

(1)Installation of water bottle filling stations.

(2)Installation or replacement of drinking water fountains with devices that are capable of removing contaminants that are present in the facility’s water supply.

(3)Installation of point-of-entry or point-of-use treatment devices for drinking fountains, and up to three years of postinstallation replacement filters, and operation, maintenance, and monitoring of the devices, including training on how to operate and maintain the treatment devices and community outreach and education about their use.

(b)The state board shall implement the program by taking actions that include, but are not necessarily limited to, the development of procedures and guidelines for the submission of grant applications and criteria for the evaluation of those applications.

(c)(1)In developing the procedure for awarding grants pursuant to this section, the state board shall do all of the following:

(A)Set requirements for grant recipients to adopt a program for inspecting and maintaining any water treatment device funded by the grant.

(B)Establish a maximum grant amount.

(C)Give priority to each of the following:

(i)Projects for schools within, or serving pupils from, a small disadvantaged community, as defined in Section 13193.9 of the Water Code.

(ii)Projects that have high effectiveness in increasing access to safe drinking water at schools.

(iii)Projects for schools that have tested their drinking water fixtures, and the results show that the drinking water either does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the maximum contaminant level for any other contaminant pursuant to Title 22 of the California Code of Regulations.

(2)In developing the procedure for awarding grants pursuant to this section, the state board may require applicants to commit additional resources to the project, except that the state board shall not require matching funds for local educational agencies serving small disadvantaged communities or interfere with the prioritization of grant funding to small disadvantaged communities.

(d)(1)Procedures and guidelines for the program developed by the state board under this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(2)Before finalizing the procedures and guidelines for the distribution of grants pursuant to this section, the state board shall hold at least one public meeting to receive and consider public comment on the draft procedures and guidelines.

(e)The state board shall provide technical assistance to applicants, including completing applications, overseeing installations, and assisting with operation and maintenance.

(f)A contract entered into under the authority of this section is not subject to Section 10295 of the Public Contract Code.