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AB-2792 Mobile fueling on-demand tank vehicles.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
AB2792:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2792


Introduced by Assembly Member Quirk

February 20, 2020


An act to amend Sections 41950 and 41962 of, and to add Section 39618.5 to, the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 2792, as introduced, Quirk. Mobile fueling on-demand tank vehicles.
(1) Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.
This bill would classify a mobile fueling on-demand tank vehicle, as defined, as a mobile source and would require that it be regulated by the state board. The bill would require the state board to adopt regulations on or before an unspecified date to achieve reductions in emissions attributable to mobile fueling on-demand tank vehicles.
(2) Existing law requires the state board to adopt performance standards to ensure that systems for the control of gasoline vapors resulting from motor vehicle fueling operations do not cause excessive gasoline liquid spillage when used in a proper manner. Existing law requires the state board to adopt test procedures to determine the compliance with vapor emission standards of vapor recovery systems of cargo tanks on tank vehicles used to transport gasoline, as provided. Existing law authorizes the state board to test those vapor recovery systems, to certify those systems if they meet the state board’s requirements, and to charge a fee for certification. Existing law prohibits a person from operating, or allowing the operation of, a tank vehicle transporting gasoline that is required to have a vapor recovery system, unless the system has been certified and is installed and maintained in compliance with the requirements for certification. Existing law exempts from these certification requirements tank vehicles used exclusively to service gasoline storage tanks that are not required to have gasoline vapor controls. Existing law makes a violation of a rule or regulation of the state board or a district relating to nonvehicular air pollution control a misdemeanor.
This bill would impose those testing, installation, maintenance, and certification requirements on a system or system component of a mobile fueling on-demand tank vehicle used to load, transport, and transfer motor vehicle fuel directly from an onboard cargo tank into a motor vehicle fuel tank. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would exempt from the certification requirements motor vehicle fuel tanks equipped with onboard refueling vapor recovery systems.
(3) Existing law prohibits a person from installing or maintaining a stationary gasoline tank with a capacity of 250 gallons or more that is not equipped for loading through a permanent submerged fill pipe, unless certain conditions apply, subject to certain exceptions.
This bill would provide that the prohibition does not apply with regard to a mobile fueling on-demand tank vehicle, except as provided.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 39618.5 is added to the Health and Safety Code, to read:

39618.5.
 A mobile fueling on-demand tank vehicle, as defined in paragraph (2) of subdivision (f) of Section 41950, shall be classified as a mobile source and shall be regulated by the state board on a statewide basis to prevent confusion concerning whether the mobile fueling on-demand tank vehicle is a stationary sources when not being driven and to prevent inconsistent regulation by districts of a mobile fueling on-demand tank vehicle that is operated in more than one district. The state board shall adopt regulations on or before January 1, ____, to achieve reductions in emissions attributable to mobile fueling on-demand tank vehicles.

SEC. 2.

 Section 41950 of the Health and Safety Code is amended to read:

41950.
 (a) Except as provided in subdivisions (b) and (b), (e), no and (f), a person shall not install or maintain any a stationary gasoline tank with a capacity of 250 gallons or more which that is not equipped for loading through a permanent submerged fill pipe, unless such the tank is a pressure tank as described in Section 41951, or is equipped with a vapor recovery system as described in Section 41952 or with a floating roof as described in Section 41953, or unless such the tank is equipped with other apparatus of equal efficiency which that has been approved by the air pollution control officer in whose district the tank is located.
(b) Subdivision (a) shall not apply to any a stationary tanks tank installed prior to before December 31, 1970.
(c) For the purpose purposes of this section, “gasoline” means any petroleum distillate having a Reid vapor pressure of four pounds or greater.
(d) For the purpose purposes of this section, “submerged fill pipe” means any a fill pipe which that has its discharge opening entirely submerged when the liquid level is six inches above the bottom of the tank. “Submerged fill pipe,” when applied to a tank which that is loaded from the side, means any a fill pipe which that has its discharge opening entirely submerged when the liquid level is 18 inches above the bottom of the tank.
(e) Subdivision (a) shall not apply to any a stationary tank which that is used primarily for the fueling of implements of husbandry.
(f) (1) Subdivision (a) shall not apply to a mobile fueling on-demand tank vehicle, or system on that vehicle, except as provided in Section 41962.
(2) For purposes of this subdivision, “mobile fueling on-demand tank vehicle” means a tank truck or trailer equipped with an onboard cargo tank system designed to load, transport, and transfer motor vehicle fuel directly from the onboard cargo tank into a motor vehicle fuel tank.

SEC. 3.

 Section 41962 of the Health and Safety Code is amended to read:

41962.
 (a) Notwithstanding Section 34002 of the Vehicle Code, the state board shall adopt test procedures to determine the compliance of vapor recovery systems of cargo tanks on tank vehicles used to transport gasoline with vapor emission standards which that are reasonable and necessary to achieve or maintain any applicable ambient air quality standard. The performance standards and test procedures adopted by the state board shall be consistent with the regulations adopted by the Commissioner of the California Highway Patrol and the State Fire Marshal pursuant to Division 14.7 (commencing with Section 34001) 34000) of the Vehicle Code.
(b) The state board may test, or contract for testing, the vapor recovery system of any a cargo tank of any a tank vehicle used to transport gasoline. The state board shall certify the cargo tank vapor recovery system upon its determination that the system, if properly installed and maintained, will meet the requirements of subdivision (a). The state board shall enumerate the specifications used for issuing such the certification. After a cargo tank vapor recovery system has been certified, if circumstances beyond the control of the state board cause the system to no longer meet the required specifications, the certification may be revoked or modified.
(c) Upon verification of certification pursuant to subdivision (b), which shall be done annually, the state board shall send a verified copy of the certification to the registered owner of the tank vehicle, which copy shall be retained in the tank vehicle as evidence of certification of its vapor recovery system. For each system certified, the state board shall issue a nontransferable and nonremovable decal to be placed on the cargo tank where the decal can be readily seen.
(d) With respect to any a tank vehicle operated within a district, the state board, upon request of the district, shall send to the district, free of charge, a certified copy of the certification and test results of any a cargo tank vapor recovery system on the tank vehicle.
(e) The state board may contract with the Department of the California Highway Patrol to carry out the responsibilities imposed by subdivisions (b), (c), and (d).
(f) The state board shall charge a reasonable fee for certification, not to exceed its estimated costs therefor. of certification. Payment of the fee shall be a condition of certification. The fees may be collected by the Department of the California Highway Patrol and deposited in the Motor Vehicle Account in the State Transportation Fund. The Department of the California Highway Patrol shall transfer to the Air Pollution Control Fund the amount of those fees necessary to reimburse the state board for the costs of administering the certification program.
(g) No A person shall not operate, or allow the operation of, a tank vehicle transporting gasoline and that is required to have a vapor recovery system, unless the system thereon has been certified by the state board and is installed and maintained in compliance with the state board’s requirements for certification. Tank vehicles used exclusively to service gasoline storage tanks which that are not required to have gasoline vapor controls controls, including, but not limited to, motor vehicle fuel tanks equipped with onboard refueling vapor recovery systems, are exempt from the certification requirement.
(h) Performance standards of any a district for cargo tank vapor recovery systems on tank vehicles used to transport gasoline shall be identical with to those adopted by the state board therefor and no a district shall not adopt test procedures for, or require certification of, cargo tank vapor recovery systems. No A district may shall not impose any fees on, or require any permit of, tank vehicles with vapor recovery systems. However, nothing in this section shall be construed to does not prohibit a district from inspecting and testing cargo tank vapor recovery systems on tank vehicles for the purposes of enforcing this section or any rule and regulation adopted thereunder pursuant to this section that are is applicable to such those systems and to the loading and unloading of cargo tanks on tank vehicles.
(i) The Legislature hereby declares that the purposes of this section regarding cargo tank vapor recovery systems on tank vehicles vehicles, including, but not limited to, a system or system component of a mobile fueling on-demand tank vehicle, as defined in paragraph (2) of subdivision (f) of Section 41950, are (1) (I) to remove from the districts the authority to certify, except as specified in subdivision (b), such those systems and to charge fees therefor, for certification, and (2) (II) to grant such authority to the state board, which shall board to have the primary responsibility to assure that such those systems are operated in compliance with its standards and procedures adopted pursuant to subdivision (a).
(j) For purposes of this section, a “vapor recovery system of a cargo tank on a tank vehicle used to transport gasoline” shall include, but is not limited to, a system or system component of a mobile fueling on-demand tank vehicle, as defined in paragraph (2) of subdivision (f) of Section 41950, used to load, transport, and transfer motor vehicle fuel directly from an onboard cargo tank into a motor vehicle fuel tank.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.