43000-43024
HEALTH AND SAFETY CODE
SECTION 43000-43024
43000. The Legislature finds and declares as follows:
(a) The emission of air pollutants from motor vehicles is the
primary cause of air pollution in many parts of the state.
(b) The control and elimination of those air pollutants is of
prime importance for the protection and preservation of the public
health and well-being, and for the prevention of irritation to the
senses, interference with visibility, and damage to vegetation and
property.
(c) The state has a responsibility to establish uniform procedures
for compliance with standards which control or eliminate those air
pollutants.
(d) Vehicle emission standards applied to new motor vehicles, and
to used motor vehicles equipped with motor vehicle pollution control
devices, are standards with which all motor vehicles shall comply.
(e) Dependence on petroleum based fuels in motor vehicles not only
contributes to substantial degradation of air quality and risk to
public health, but also impedes the state's progress toward the
petroleum use reduction goal prescribed in Section 25000.5 of the
Public Resources Code.
43000.5. The Legislature further finds and declares as follows:
(a) Despite the significant reductions in vehicle emissions which
have been achieved in recent years, continued growth in population
and vehicle miles traveled throughout California have the potential
not only to prevent attainment of the state standards, but in some
cases, to result in worsening of air quality.
(b) The attainment and maintenance of the state air quality
standards will necessitate the achievement of substantial reductions
in new vehicle emissions and substantial improvements in the
durability of vehicle emissions systems.
(c) The burden for achieving needed reductions in vehicle
emissions should be distributed equitably among various classes of
vehicles, including both on- and off-road vehicles, light-duty cars
and trucks, and heavy-duty vehicles, to accomplish improvements in
both the emissions level and in-use performance and durability of all
new motor vehicles.
(d) The state board should take immediate action to implement both
short- and long-range programs of across-the-board reductions in
vehicle emissions and smoke, including smoke from heavy-duty diesel
vehicles, which can be relied upon by the districts in the
preparation of their attainment plans or plan revisions pursuant to
Sections 40911, 40902, and 40925.
(e) In order to attain the state and federal standards as
expeditiously and equitably as possible, it is necessary for the
authority of the state board to be clarified and expanded with
respect to the control of motor vehicles and motor vehicle fuels.
43001. The provisions of this part shall not apply to:
(a) Racing vehicles.
(b) Motorcycles, except as otherwise provided in Section 43107.
This section shall become operative on January 1, 1989.
43002. No motor vehicle of historic interest shall be required to
have any motor vehicle pollution control device, except for such
devices that were required by this part for such vehicles prior to
the time that special identification plates were issued for that
vehicle pursuant to Section 5004 of the Vehicle Code.
43002.2. The state board shall waive the provisions of this
division on a case-by-case basis for the purpose of allowing the
importation of vehicles designed only for use for disabled persons.
43004. Except as otherwise provided in Section 43001, 43002, or
43005, the standards applicable under this part for exhaust emissions
for gasoline-powered motor vehicles shall apply to motor vehicles
which have been modified or altered to use a fuel other than gasoline
or diesel.
43005. Section 43004 of this code, and Sections 4000.1 and 27156 of
the Vehicle Code, shall not apply to a motor vehicle altered or
modified to use a fuel other than gasoline or diesel completed prior
to August 31, 1969.
43006. The state board may certify the fuel system of any motor
vehicle powered by a fuel other than gasoline or diesel which meets
the standards specified by Section 43004 and adopt test procedures
for such certification.
43007. Whenever any motor vehicle is required to be equipped with
any motor vehicle pollution control device by rules and regulations
adopted by any district pursuant to Section 43658, such motor vehicle
shall be equipped with such device.
43008. Except as provided by Sections 43100 and 43101 and Chapter 3
(commencing with Section 43600), all motor vehicles required
pursuant to the National Emission Standards Act (42 U.S.C., Secs.
1857f-1 to 1857f-7, inclusive) and the standards and regulations
promulgated thereunder, to be equipped with motor vehicle pollution
control devices, shall be equipped with such devices required by that
act.
43008.5. In addition to the standards and test procedures adopted
by the state board pursuant to Sections 43203.5 and 44201, the state
board may adopt, by regulation, alternate test procedures for
certifying direct import vehicles identical to the test procedures
applicable to those vehicles pursuant to the National Emission
Standards Act (42 U.S.C., Secs. 1857f-1 to 1857f-7, incl.) and the
regulations adopted thereunder, if the emission standards applicable
to those motor vehicles are the standards adopted by the state board
for new or used direct import vehicles pursuant to Section 43203.5 or
44201, respectively.
Those alternate test procedures shall be adopted only if the state
board determines that those procedures would be at least as
effective for controlling motor vehicle emissions as the procedures
adopted pursuant to Section 43203.5 or 44201, as applicable.
43008.6. (a) Notwithstanding Section 43012, for the purpose of
enforcing or administering Section 27156 of the Vehicle Code, the
executive officer of the state board or an authorized representative
of the executive officer, upon presentation of credentials or, if
necessary under the circumstances, after obtaining a warrant pursuant
to Title 13 (commencing with Section 1822.50) of Part 3 of the Code
of Civil Procedure, has the right of entry to any premises owned,
operated, used, leased, or rented by an owner or operator of any
vehicle operated for commercial purposes in order to inspect any such
motor vehicle, secure emission samples therefrom, or inspect and
copy any maintenance, use, or other records pertaining to that
vehicle.
(b) The state board may collect a civil penalty not to exceed one
thousand five hundred dollars ($1,500) for each violation of Section
27156 of the Vehicle Code. Any penalties shall be paid to the
Treasurer for deposit in the Air Pollution Control Fund.
(c) The civil penalty specified in subdivision (b) may be
collected for one or more violations involving the tampering with or
disabling of a gasoline-powered vehicle's air injection, exhaust gas
recirculation, crankcase ventilation, fuel injection, carburetion,
ignition timing, or evaporative control system, fuel filler neck
restrictor, oxygen sensor or related electronic controls, or
catalytic converter, or for the use of leaded fuel in a vehicle
certified for the use of unleaded fuel only.
(d) The civil penalty specified in subdivision (b) may not be
collected for a violation that is related to any tampering or
disabling of a gasoline-powered vehicle specified in subdivision (c)
by a rental customer of that vehicle, including, but not limited to,
a missing gasoline filler cap and a disconnected or missing heated
air intake tube or vacuum hose. However, if more than 20 percent of
an owner's or operator's gasoline-powered vehicles are found to be
nonconforming during each of three consecutive inspections conducted
30 or more days apart during any one-year period, the civil penalty
specified in subdivision (b) applies and shall be collected for each
time a vehicle is found in a nonconforming condition.
43009. Except as otherwise provided in Section 43002, every motor
vehicle subject to this part shall meet the standards adopted by the
state board pursuant to Sections 27157 and 27157.5 of the Vehicle
Code.
43009.5. (a) If, based on a review of information derived from a
statistically valid and representative sample of vehicles, the state
board determines that a substantial percentage of any class or
category of vehicles certified under the optional standards of
Section 43101.5, and of Section 1960.15 of Title 13 of the California
Administrative Code, exhibits, prior to 75,000 miles or seven years,
whichever occurs first, an identifiable, systematic defect in a
component listed in paragraph (2) of subdivision (c) of Section
1960.15, which causes a significant increase in emissions above those
exhibited by vehicles free of defects and of the same class or
category and having the same period of use and mileage, the state
board may invoke its enforcement authority under Section 43105 to
require remedial action by the vehicle manufacturer. The remedial
action shall be limited to owner notification and repair or
replacement of the defective component. As used in this section, the
term "defect" shall not include failures which are the result of
abuse, neglect, or improper maintenance.
(b) Nothing in this section shall limit or otherwise affect the
recall authority of the state board, except as provided in
subdivision (a).
43010. With respect to the program designed and adopted by the
Department of Consumer Affairs pursuant to Chapter 20.4 (commencing
with Section 9889.50) of Division 3 of the Business and Professions
Code, the state board shall, in time for the Department of Consumer
Affairs to comply with the schedule specified in subdivisions (a) and
(b) of Section 9889.55 of that code, after public hearings,
prescribe maximum air pollution emission standards to be applied in
inspecting motor vehicles.
In prescribing such standards, the state board shall undertake
such studies and experiments as are necessary and feasible, evaluate
available data, and confer with automotive engineers.
The standards shall be set at a level reasonably achievable for
each class and model of motor vehicle when operating in a reasonably
sound mechanical condition, allowing for the effects of installed
motor vehicle pollution control devices, and the motor vehicle's age
and total mileage. The standards shall be designed to secure the
operation of all such motor vehicles, as soon as possible, with a
substantial reduction in air pollution emissions, and shall be
revised from time to time, as experience justifies.
43011. (a) The state board shall establish criteria for the
evaluation of the effectiveness of motor vehicle pollution control
devices. After the establishment of such criteria, the state board
shall evaluate motor vehicle pollution control devices which have
been submitted to it for testing.
(b) The criteria established by the state board pursuant to
subdivision (a) shall include, but need not be limited to:
(1) Provisions for the testing of vehicles on which a device is
installed, when an engineering evaluation of the device indicates
such testing is warranted.
(2) A requirement that independent test data be supplied to the
state board for each device it is requested to test.
43011.5. (a) Every three years, the state board shall review its
existing enforcement of diesel emission control regulations and
anticipated enforcement needs for future diesel emission control
regulations for manufacturers, owners, or operators of on-road and
off-road vehicles and engines to implement the state board's Diesel
Risk Reduction Plan and Emission Reduction Plan for Ports and Goods
Movement, and develop a strategic plan for consistent, comprehensive,
and fair enforcement of these regulations.
(b) The state board shall consult with the districts and the
public in developing the plan, and shall review the plan at a public
board meeting.
(c) The plan shall include, but is not limited to, all of the
following:
(1) An assessment of the need for additional staff and technology
resources at the state board to ensure that the appropriate resources
are available to ensure consistent enforcement of diesel emission
control regulations for on-road and off-road vehicles and engines
throughout the state and in areas where diesel emissions are
concentrated.
(2) Goals for inspection frequency for the next three years to
promote the maximum level of compliance with diesel emission control
regulations for on-road and off-road vehicles and engines.
(3) An education and outreach component to increase public
awareness and understanding of the diesel regulations identified in
subdivision (a). The education and outreach component shall include
the placement of signs and other materials in multiple languages
where appropriate in locations where significant numbers of idling
trucks and engines have been found, especially locations near schools
and residential communities, to ensure that operators of trucks
traveling through the state and other affected individuals and
businesses are aware of the state's diesel engine idling
requirements.
(4) A training program for local enforcement staff, including, but
not limited to, outreach to highway patrol, local police, and local
air district staff on enforcement of the state's diesel engine idling
requirements through workshops, educational material, and training
sessions in northern and southern California.
(d) The state board shall submit the plan prepared pursuant to
subdivision (a) to the relevant legislative policy and fiscal
committees by January 1, 2009, and every three years thereafter.
43012. (a) For the purpose of enforcing or administering any
federal, state, or local law, order, regulation, or rule relating to
vehicular sources of emissions, the executive officer of the state
board or an authorized representative of the executive officer, or a
representative of the department, upon presentation of credentials
or, if necessary under the circumstances, after obtaining an
inspection warrant pursuant to Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure, has the right of
entry to any premises owned, operated, used, leased, or rented by any
new or used car dealer, as defined in Sections 285, 286, and 426 of
the Vehicle Code, for the purpose of inspecting any vehicle for which
emissions standards have been enacted or adopted or for which
emissions equipment is required and which is situated on the premises
for the purpose of emission-related maintenance, repair, or service,
or for the purpose of sale, lease, or rental, whether or not the
vehicle is owned by the dealer. The inspection may extend to all
emission-related parts and operations of the vehicle, and may require
the on-premises operation of an engine or vehicle, the on-premises
securing of samples of emissions from the vehicle, and the inspection
of any records which relate to vehicular emissions required by the
Environmental Protection Agency or by any state or local law, order,
regulation, or rule to be maintained by the dealer in connection with
the dealer's business.
(b) The right of entry for inspection under this section is
limited to the hours during which the dealer is open to the public,
except when the entry is made pursuant to warrant or whenever the
executive officer or an authorized representative, or a
representative of the department, has reasonable cause to believe
that a violation of any federal, state, or local law, order,
regulation, or rule has been committed in his or her presence. No
vehicle shall be inspected pursuant to this section more than one
time without an inspection warrant or without reasonable cause unless
the vehicle undergoes a change of ownership or the inspection
reveals that the vehicle has failed to comply with required emissions
standards or equipment, in which case one additional inspection may
be made to verify the violation or to verify that the violation has
been corrected.
(c) With respect to vehicles not owned by the dealer, the state
board or the department may not prosecute, without the owner's
knowledge or consent, any violation by the owner of any law
pertaining to vehicular emissions unless prior notice of the
inspection has been given to the owner.
(d) If the executive officer or authorized representative, or a
representative of the department, upon inspection, finds that a used
motor vehicle fails to comply with applicable emissions standards or
equipment, the state board or the department shall issue a notice to
correct and enter the appropriate vehicle information into the
centralized computer data base created pursuant to Section 44037.1.
Until all violations in the notice have been corrected and the dealer
has sent proof of correction by certified mail to the state board or
the department, whichever issued the notice, the motor vehicle shall
prominently display the following disclosure affixed to the
windshield in at least 18-point type:
NOT FOR SALE
THIS VEHICLE IS PRESENTLY NOT IN COMPLIANCE WITH THE CALIFORNIA
VEHICLE POLLUTION CONTROL LAWS AND MAY NOT BE SOLD UNTIL A VALID
CERTIFICATE OF COMPLIANCE HAS BEEN ISSUED.
Any dealer who sells a vehicle prohibited to be sold under this
subdivision is subject to a civil penalty of not to exceed one
thousand dollars ($1,000). For purposes of this subdivision, "proof
of correction" shall consist of a copy of a certificate of compliance
or noncompliance issued following the issuance of a notice to
correct by a licensed test station or licensed repair station not
affiliated with or owned by the dealer or any other proof of repair
satisfactory to the inspecting officer. The dealer shall send the
copy of the certificate of compliance or noncompliance by certified
mail to the state board or the department, whichever issued the
notice, within three days of obtaining the certificate.
(e) Civil penalties may be assessed or recovered for one or more
violations by a dealer involving the tampering with or disabling of a
vehicle's air injection, exhaust gas recirculation, crankcase
ventilation, fuel injection or carburetion systems, ignition timing
or evaporative controls, fuel filler neck restrictor, oxygen sensor
or electronic controls, or missing catalytic converter.
(f) No civil penalty or criminal penalty may be assessed for a
violation by a dealer identified in a notice to correct as a result
of an inspection under this section if the violation is related to
lack of maintenance or customer tampering or vandalism, including,
but not limited to, a missing gasoline filler cap and a disconnected
or missing heated air intake tube or vacuum hose. However, if notices
to correct are issued under this subdivision to more than 20 percent
of the vehicles offered for sale on a dealer's premises during each
of three consecutive inspections conducted 30 or more days apart
during any one-year period, civil penalties may be assessed and
recovered for each vehicle issued a notice to correct.
(g) If the executive officer or authorized representative, upon
inspection, finds that a certificate of compliance or noncompliance
was issued to a motor vehicle that fails to comply with applicable
emissions standards or equipment, the state board shall immediately
refer these findings to the department for investigation under
Chapter 5 (commencing with Section 44000). The state board may refer
any other suspected violation to the department for appropriate
action.
(h) Notwithstanding Section 17150 of the Vehicle Code, the state
shall be liable for any injury or damage caused by the negligent or
wrongful act or omission of the operator of any vehicle which is
operated pursuant to this section.
(i) This section provides the exclusive authority for inspections
of motor vehicles for the purposes specified in this section.
(j) As used in this section, the terms "tampering" and "disabling"
mean an unauthorized modification, alteration, removal, or
disconnection.
43013. (a) The state board shall adopt and implement motor vehicle
emission standards, in-use performance standards, and motor vehicle
fuel specifications for the control of air contaminants and sources
of air pollution which the state board has found to be necessary,
cost effective, and technologically feasible, to carry out the
purposes of this division, unless preempted by federal law.
(b) The state board shall, consistent with subdivision (a), adopt
standards and regulations for light-duty and heavy-duty motor
vehicles, medium-duty motor vehicles, as determined and specified by
the state board, portable fuel containers and spouts, and off-road or
nonvehicle engine categories, including, but not limited to,
off-highway motorcycles, off-highway vehicles, construction
equipment, farm equipment, utility engines, locomotives, and, to the
extent permitted by federal law, marine vessels.
(c) Prior to adopting standards and regulations for farm
equipment, the state board shall hold a public hearing and find and
determine that the standards and regulations are necessary, cost
effective, and technologically feasible. The state board shall also
consider the technological effects of emission control standards on
the cost, fuel consumption, and performance characteristics of mobile
farm equipment.
(d) Notwithstanding subdivision (b), the state board shall not
adopt any standard or regulation affecting locomotives until the
final study required under Section 5 of Chapter 1326 of the Statutes
of 1987 has been completed and submitted to the Governor and
Legislature.
(e) Prior to adopting or amending any standard or regulation
relating to motor vehicle fuel specifications pursuant to this
section, the state board shall, after consultation with public or
private entities that would be significantly impacted as described in
paragraph (2) of subdivision (f), do both of the following:
(1) Determine the cost-effectiveness of the adoption or amendment
of the standard or regulation. The cost-effectiveness shall be
compared on an incremental basis with other mobile source control
methods and options.
(2) Based on a preponderance of scientific and engineering data in
the record, determine the technological feasibility of the adoption
or amendment of the standard or regulation. That determination shall
include, but is not limited to, the availability, effectiveness,
reliability, and safety expected of the proposed technology in an
application that is representative of the proposed use.
(f) Prior to adopting or amending any motor vehicle fuel
specification pursuant to this section, the state board shall do both
of the following:
(1) To the extent feasible, quantitatively document the
significant impacts of the proposed standard or specification on
affected segments of the state's economy. The economic analysis shall
include, but is not limited to, the significant impacts of any
change on motor vehicle fuel efficiency, the existing motor vehicle
fuel distribution system, the competitive position of the affected
segment relative to border states, and the cost to consumers.
(2) Consult with public or private entities that would be
significantly impacted to identify those investigative or preventive
actions that may be necessary to ensure consumer acceptance, product
availability, acceptable performance, and equipment reliability. The
significantly impacted parties shall include, but are not limited to,
fuel manufacturers, fuel distributors, independent marketers,
vehicle manufacturers, and fuel users.
(g) To the extent that there is any conflict between the
information required to be prepared by the state board pursuant to
subdivision (f) and information required to be prepared by the state
board pursuant to Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code, the requirements
established under subdivision (f) shall prevail.
(h) It is the intent of the Legislature that the state board act
as expeditiously as is feasible to reduce nitrogen oxide emissions
from diesel vehicles, marine vessels, and other categories of
vehicular and mobile sources which significantly contribute to air
pollution problems.
43013.1. (a) The State Energy Resources Conservation and
Development Commission, in consultation with, and the state board,
shall develop a timetable for the removal of MTBE from gasoline at
the earliest possible date. In developing the timetable, the
commission and the state board shall consider studies conducted by
the commission and should ensure adequate supply and availability of
gasoline.
(b) The state board shall ensure that regulations for California
Phase 3 Reformulated Gasoline (CaRFG3) adopted pursuant to Executive
Order D-5-99 meet all of the following conditions:
(1) Maintain or improve upon emissions and air quality benefits
achieved by California Phase 2 Reformulated Gasoline in California as
of January 1, 1999, including emission reductions for all
pollutants, including precursors, identified in the State
Implementation Plan for ozone, and emission reductions in
potency-weighted air toxics compounds.
(2) Provide additional flexibility to reduce or remove oxygen from
motor vehicle fuel in compliance with the regulations adopted
pursuant to subdivision (a).
(3) Are subject to a multimedia evaluation pursuant to Section
43830.8.
(c) On or before April 1, 2000, the State Water Resources Control
Board, in consultation with the Department of Water Resources and the
State Department of Health Services, shall identify areas of the
state that are most vulnerable to groundwater contamination by MTBE
or other ether-based oxygenates. The State Water Resources Control
Board shall direct resources to those areas for protection and
cleanup on a prioritized basis. Loans for upgrading, replacing, or
removing tanks shall be made available pursuant to Chapter 8.5
(commencing with Section 15399.10) of Part 6.7 of Division 3 of Title
2 of the Government Code. In identifying areas vulnerable to
groundwater contamination, the State Water Resources Control Board
shall consider criteria including, but not limited to, any one, or
any combination of, the following:
(1) Hydrogeology.
(2) Soil composition.
(3) Density of underground storage tanks in relation to drinking
water wells.
(4) Degree of dependence on groundwater for drinking water
supplies.
43013.2. (a) (1) The Legislature finds and declares that variances
from the state board's gasoline specifications may be needed if
gasoline producers cannot meet the specifications as required due to
circumstances beyond their reasonable control, and that the state
board's process for granting variances from fuel specifications
should be clarified.
(2) It is the intent of the Legislature that the variance process
consider the impacts of granting the variance on all parties,
including the applicant, the public, the producers of complying fuel,
and upon air quality.
(b) The state board may grant variances from gasoline
specifications adopted by the state board pursuant to Sections 43013
and 43018. In granting a variance, the board may impose fees and
conditions.
(c) The state board shall adopt regulations to implement this
section in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code. The
regulations shall establish guidelines for the consideration of
variances and the imposition of fees and conditions. Any fees or
conditions shall be imposed in a fair and equitable manner consistent
with the regulations. The regulations shall include methods for
estimating excess emissions and factors to be considered in
determining what is beyond the reasonable control of the applicant.
The regulations also shall establish a schedule of fees to be paid by
an applicant for a variance to cover the reasonable and necessary
costs to the state board in processing the variance. The state board
shall adopt initial regulations as emergency regulations after
conducting at least one public workshop. The initial adoption of
emergency regulations following the effective date of this section
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.
(d) All variance fee revenues collected pursuant to this section
by the state board, except those fees paid by an applicant for a
variance to cover the reasonable and necessary costs to the state
board for processing the variance, shall be transmitted to the
Treasurer for deposit in the High Polluter Repair or Removal Account
created pursuant to subdivision (a) of Section 44091. All money
deposited in the account pursuant to this section shall be available,
upon appropriation by the Legislature, to implement a program for
accelerated retirement of light-duty vehicles to achieve the emission
reductions required by the M-1 Strategy of the 1994 State
Implementation Plan.
(e) In considering whether to grant a variance, and with regard to
any fees and conditions that are imposed as part of the variance,
the state board shall take into account whether granting the variance
will place the applicant at a cost advantage over other persons,
including those persons who produce complying gasoline.
(f) Any determination of the state board, or the executive officer
of the state board pursuant to the authority delegated pursuant to
Section 39516, regarding the issuance of any variance from gasoline
specifications shall be based solely upon substantial evidence in the
record of the variance proceeding. The variance shall be valid for a
period not exceeding 120 days, commencing on or after March 1, 1996.
The variance may be extended, subject to this section, for up to 90
additional days, upon a showing of need. The board shall grant a
variance only for the minimum period required to attain compliance.
(g) If a physical catastrophe occurs to a producer of complying
gasoline, the state board may extend a variance upon the showing of
need. Notwithstanding subdivision (f), any variance extension related
to a physical catastrophe shall be approved by the state board. As
used in this subdivision, "physical catastrophe" means a sudden
unforeseen emergency beyond the reasonable control of the refiner,
causing the severe reduction or total loss of one or more critical
refinery units that materially impact the refiner's ability to
produce complying gasoline. "Physical catastrophe" does not include
events which are not physical in nature such as design errors or
omissions, financial or economic burdens, or any reduction in
production that is not the direct result of qualifying physical
damage.
(h) Notwithstanding any other provision of law, except in the case
of emergency variances, the state board shall provide at least 10
days' public notice of its consideration of any variance or
extension.
(i) Subdivisions (b) and (e) do not constitute a change in, but
are declaratory of, existing law.
43013.3. Notwithstanding Section 43013.1, the Secretary for
Environmental Protection may prohibit the use of methyl
tertiary-butyl ether (MTBE) in motor vehicle fuel prior to December
31, 2002, on a subregional basis in the Bay Area Air Basin, or in any
other air basin in the state, if the secretary finds and determines
all of the following:
(a) That the removal of MTBE in motor vehicle fuel on a
subregional basis will not cause or contribute to the basin being
designated as a state or federal nonattainment area for one or more
ambient air quality standards, including, but not limited to, state
or federal ambient air standards for ambient ozone and carbon
monoxide.
(b) That the removal of MTBE in motor vehicle fuel will not
increase potency-weighted air toxic compounds, or violate one or more
control measures adopted by the state board or a district pursuant
to Chapter 3.5 (commencing with Section 39650) of Part 2.
(c) That the subregion is a vulnerable groundwater area as defined
in Section 25292.4.
(d) That the removal of MTBE will not significantly affect the
price or supply of gasoline in the subregion.
43013.5. For purposes of implementing and enforcing Section 43020,
the State Air Resources Board shall purchase and install a wavelength
dispersive XRF spectrometer with the capability to analyze gasoline
and diesel fuels and other petroleum products for sulfur content
according to ASTM procedures specified by regulation.
43014. The state board may issue permits for the testing of
experimental motor vehicle pollution control devices installed in
used motor vehicles, or for the testing of experimental or prototype
motor vehicles which appear to have very low emission
characteristics.
43015. The Air Pollution Control Fund is continued in existence in
the State Treasury. Upon appropriation by the Legislature, the money
in the fund shall be available to the state board to carry out its
duties and functions.
43016. Any person who violates any provision of this part, or any
order, rule, or regulation of the state board adopted pursuant to
this part, and for which violation there is not provided in this part
any other specific civil penalty or fine, shall be subject to a
civil penalty not to exceed five hundred dollars ($500) per vehicle,
portable fuel container, spout, engine, or other unit subject to
regulation under this part, as these terms are defined in this
division or state board regulations. Any penalty collected pursuant
to this section shall be payable to the State Treasurer for deposit
in the Air Pollution Control Fund.
43017. The state board may enjoin any violation of any provision of
this part, or of any order, rule, or regulation of the state board,
in a civil action brought in the name of the people of the State of
California, except that the state board shall not be required to
allege facts necessary to show, or tending to show, lack of adequate
remedy at law or to show, or tending to show, irreparable damage or
loss.
43018. (a) The state board shall endeavor to achieve the maximum
degree of emission reduction possible from vehicular and other mobile
sources in order to accomplish the attainment of the state standards
at the earliest practicable date.
(b) Not later than January 1, 1992, the state board shall take
whatever actions are necessary, cost-effective, and technologically
feasible in order to achieve, not later than December 31, 2000, a
reduction in the actual emissions of reactive organic gases of at
least 55 percent, a reduction in emissions of oxides of nitrogen of
at least 15 percent from motor vehicles. These reductions in
emissions shall be calculated with respect to the 1987 baseline year.
The state board also shall take action to achieve the maximum
feasible reductions in particulates, carbon monoxide, and toxic air
contaminants from vehicular sources.
(c) In carrying out this section, the state board shall adopt
standards and regulations which will result in the most
cost-effective combination of control measures on all classes of
motor vehicles and motor vehicle fuel, including, but not limited to,
all of the following:
(1) Reductions in motor vehicle exhaust and evaporative emissions.
(2) Reductions in emissions from in-use emissions from motor
vehicles through improvements in emission system durability and
performance.
(3) Requiring the purchase of low-emission vehicles by state fleet
operators.
(4) Specification of vehicular fuel composition.
(d) In order to accomplish the purposes of this division, and to
ensure timely approval of the district's plans for attainment of the
state air quality standards by the state board, the state board shall
adopt the following schedule for workshops and hearings to consider
the adoption of the standards and regulations required pursuant to
this section:
(1) Workshops on the adoption of vehicular fuel specifications for
aromatic content, diesel fuel quality, light-duty vehicle exhaust
emission standards, and revisions to the standards for new vehicle
certification and durability to reflect current driving conditions
and useful vehicle life shall be held not later than March 31, 1989.
Hearings of the state board to consider adoption of proposed
regulations pursuant to this subdivision shall be held not later than
November 15, 1989.
(2) Notwithstanding Section 43830, workshops on the adoption of
regulations governing gasoline Reid vapor pressure, and standards for
heavy-duty and medium-duty vehicle emissions, shall be held not
later than January 31, 1990. Hearings of the state board to consider
adoption of proposed regulations pursuant to this subdivision shall
be held not later than November 15, 1990.
(3) Workshops on the adoption of regulations governing detergent
content, emissions from off-highway vehicles, vehicle fuel
composition, emissions from construction equipment and farm
equipment, motorcycles, locomotives, utility engines, and to the
extent permitted by federal law, marine vessels, shall be held not
later than January 31, 1991. Hearings of the state board to consider
adoption of proposed regulations pursuant to this subdivision shall
be held not later than November 15, 1991.
(e) Prior to adopting standards and regulations pursuant to this
section, the state board shall consider the effect of the standards
and regulations on the economy of the state, including, but not
limited to, motor vehicle fuel efficiency.
(f) The amendment of this section made at the 1989-90 Regular
Session of the Legislature does not constitute a change in, but is
declaratory of, the existing law.
43018.2. (a) The state board shall amend Sections 2449.1 and 2449.2
of Title 13 of the California Code of Regulations to do both of the
following:
(1) Modify the nitrogen oxides (NOx) and particulate matter (PM)
best available control technology requirements to allow a fleet to
achieve its cumulative turnover and retrofit requirements for the
years 2011 to 2013, inclusive, by completing 20 percent of its
cumulative turnover and retrofit obligations in 2011, an additional
20 percent in 2012, and the balance in 2013.
(2) (A) Modify the nitrogen oxides (NOx) and particulate matter
(PM) credit provisions to reflect vehicle retirements that reduce
total fleet horsepower between March 1, 2006, and March 1, 2010, and
reduced activity between July 1, 2007, and March 1, 2010.
(B) "Reduced activity" for the purposes of this paragraph means
the percentage reduction in the average annual hours of operation of
the off-road fleet. That percentage shall be carried forward as a
credit for nitrogen oxides (NOx) and particulate matter (PM) to
offset the annual percentage reductions required for 2010 and 2011.
The credit shall not be used to meet any obligations beyond 2011.
(b) The amendment of regulations required by this section is
exempt from the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).
43018.5. (a) No later than January 1, 2005, the state board shall
develop and adopt regulations that achieve the maximum feasible and
cost-effective reduction of greenhouse gas emissions from motor
vehicles.
(b) (1) The regulations adopted pursuant to subdivision (a) may
not take effect prior to January 1, 2006, in order to give the
Legislature time to review the regulations and determine whether
further legislation should be enacted prior to the effective date of
the regulations, and shall apply only to a motor vehicle manufactured
in the 2009 model year, or any model year thereafter.
(2) (A) Within 10 days of adopting the regulations pursuant to
subdivision (a), the state board shall transmit the regulations to
the appropriate policy and fiscal committees of the Legislature for
review.
(B) The Legislature shall hold at least one public hearing to
review the regulations. If the Legislature determines that the
regulations should be modified, it may adopt legislation to modify
the regulations.
(c) In developing the regulations described in subdivision (a),
the state board shall do all of the following:
(1) Consider the technological feasibility of the regulations.
(2) Consider the impact the regulations may have on the economy of
the state, including, but not limited to, all of the following
areas:
(A) The creation of jobs within the state.
(B) The creation of new businesses or the elimination of existing
businesses within the state.
(C) The expansion of businesses currently doing business within
the state.
(D) The ability of businesses in the state to compete with
businesses in other states.
(E) The ability of the state to maintain and attract businesses in
communities with the most significant exposure to air contaminants,
localized air contaminants, or both, including, but not limited to,
communities with minority populations or low-income populations, or
both.
(F) The automobile workers and affiliated businesses in the state.
(3) Provide flexibility, to the maximum extent feasible consistent
with this section, in the means by which a person subject to the
regulations adopted pursuant to subdivision (a) may comply with the
regulations. That flexibility shall include, but is not limited to,
authorization for a person to use alternative methods of compliance
with the regulations. In complying with this paragraph, the state
board shall ensure that any alternative methods for compliance
achieve the equivalent, or greater, reduction in emissions of
greenhouse gases as the emission standards contained in the
regulations. In providing compliance flexibility pursuant to this
paragraph, the state board may not impose any mandatory trip
reduction measure or land use restriction.
(4) Conduct public workshops in the state, including, but not
limited to, public workshops in three of the communities in the state
with the most significant exposure to air contaminants or localized
air contaminants, or both, including, but not limited to, communities
with minority populations or low-income populations, or both.
(5) (A) Grant emissions reductions credits for any reductions in
greenhouse gas emissions from motor vehicles that were achieved prior
to the operative date of the regulations adopted pursuant to
subdivision (a), to the extent permitted by state and federal law
governing emissions reductions credits, by utilizing the procedures
and protocols adopted by the California Climate Action Registry
pursuant to subdivision (j) of Section 42823.
(B) For the purposes of this section, the state board shall
utilize the 2000 model year as the baseline for calculating emission
reduction credits.
(6) Coordinate with the State Energy Resources Conservation and
Development Commission, the California Climate Action Registry, and
the interagency task force, convened pursuant to subdivision (e) of
Section 25730 of the Public Resources Code, in implementing this
section.
(d) The regulations adopted by the state board pursuant to
subdivision (a) shall not require any of the following:
(1) The imposition of additional fees and taxes on any motor
vehicle, fuel, or vehicle miles traveled, pursuant to this section or
any other provision of law.
(2) A ban on the sale of any vehicle category in the state,
specifically including, but not limited to, sport utility vehicles
and light-duty trucks.
(3) A reduction in vehicle weight.
(4) A limitation on, or reduction of, the speed limit on any
street or highway in the state.
(5) A limitation on, or reduction of, vehicle miles traveled.
(e) The regulations adopted by the state board pursuant to
subdivision (a) shall provide an exemption for those vehicles subject
to the optional low-emission vehicle standard for oxides of nitrogen
(NO x) for exhaust emission standards described in paragraph (9) of
subdivision (a) of Section 1961 of Title 13 of the California Code of
Regulations.
(f) Not later than July 1, 2003, the California Climate Action
Registry, in consultation with the state board, shall adopt
procedures for the reporting of reductions in greenhouse gas
emissions from mobile sources to the registry.
(g) By January 1, 2005, the state board shall report to the
Legislature and the Governor on the content of the regulations
developed and adopted pursuant to this section, including, but not
limited to, the specific actions taken by the state board to comply
with paragraphs (1) to (6), inclusive, of subdivision (c), and with
subdivision (f). The report shall include, but shall not be limited
to, an analysis of both of the following:
(1) The impact of the regulations on communities in the state with
the most significant exposure to air contaminants or toxic air
contaminants, or both, including, but not limited to, communities
with minority populations or low-income populations, or both.
(2) The economic and public health impacts of those actions on the
state.
(h) If the federal government adopts a standard regulating a
greenhouse gas from new motor vehicles that the state board
determines is in a substantially similar timeframe, and of equivalent
or greater effectiveness as the regulations that would be adopted
pursuant to this section, the state board may elect not to adopt a
standard on any greenhouse gas included in the federal standard.
(i) For the purposes of this section, the following terms have the
following meanings:
(1) "Greenhouse gases" means those gases listed in subdivision (g)
of Section 42801.1.
(2) "Maximum feasible and cost-effective reduction of greenhouse
gas emissions" means the greenhouse gas emission reductions that the
state board determines meet both of the following criteria:
(A) Capable of being successfully accomplished within the time
provided by this section, taking into account environmental,
economic, social, and technological factors.
(B) Economical to an owner or operator of a vehicle, taking into
account the full life-cycle costs of a vehicle.
(3) "Motor vehicle" means a passenger vehicle, light-duty truck,
or any other vehicle determined by the state board to be a vehicle
whose primary use is noncommercial personal transportation.
43018.7. If adopting or amending regulations to reduce motor
vehicle cabin temperature in order to reduce greenhouse gas
emissions, the state board shall consider all of the following:
(a) Potential reductions in air-conditioning use that can be
achieved while a motor vehicle is moving, in addition to reductions
in air-conditioning use when a motor vehicle is parked.
(b) Potential conflicts between, and relative benefits of, motor
vehicle cabin temperature reduction requirements and technologies
that provide motor vehicle greenhouse gas emission reductions through
various means.
(c) The flexibility necessary to achieve overall maximum
greenhouse gas emission reductions from motor vehicles.
43019. The state board may adopt, by regulation, a schedule of
annual fees for the certification of motor vehicles and engines sold
in the state to cover the costs of state programs authorized or
required under this chapter related to mobile sources. The total
amount of funds collected pursuant to this section shall not exceed
four million five hundred thousand dollars ($4,500,000) in the
1989-90 fiscal year, and in any subsequent year shall not increase by
an amount greater than the annual increase in the California
Consumer Price Index, as determined pursuant to Section 2212 of the
Revenue and Taxation Code, for the preceding year. The fees collected
by the state board pursuant to this section shall be deposited in
the Air Pollution Control Fund.
43020. (a) Any person who knowingly violates any regulation adopted
pursuant to this part by the state board pertaining to motor vehicle
fuels is guilty of a misdemeanor and is subject to a fine of not
more than one thousand dollars ($1,000) or imprisonment in the county
jail for not more than six months, or both, for each violation.
(b) The recovery of civil penalties pursuant to Section 43016
precludes prosecution pursuant to this section for the same offense.
When the executive officer refers a violation to a prosecuting
attorney, the filing of a criminal complaint is grounds requiring the
dismissal of any civil action brought pursuant to Section 43016 for
the same offense.
43022. (a) Prior to expending any funds for any research,
development, or demonstration program or project relating to vehicles
or vehicle fuels, the state board shall do both of the following,
using existing resources:
(1) Adopt a plan describing any proposed expenditure that sets
forth the expected costs and qualitative as well as quantitative
benefits of the proposed program or project.
(2) Find that the proposed program or project will not duplicate
any other past or present publicly funded California program or
project. This paragraph is not intended to prevent funding for
programs or projects jointly funded with another public agency where
there is no duplication .
(b) Within 120 days from the date of the conclusion of a program
or project subject to subdivision (a) that is funded by the state
board, the state board shall issue a public report that sets forth
the actual costs of the program or project, the results achieved and
how they compare with expected costs and benefits determined pursuant
to paragraph (1) of subdivision (a), and any problems that were
encountered by the program or project.
43022.5. The state board shall select projects for zero-emission
vehicle leases or purchases and zero-emission vehicle infrastructure
for the purpose of implementing any program to encourage the use of
zero-emission vehicles through a competitive grant process that
includes a public bidding process.
43023. (a) As an alternative to seeking civil penalties under
Chapter 1 (commencing with Section 43000) to Chapter 4 (commencing
with Section 43800), inclusive, and Chapter 6 (commencing with
Section 44200), for violation of state board regulations, the state
board may impose an administrative penalty, as specified in this
section, for a violation of this part, or any rule, regulation,
permit, variance, or order of the state board pertaining to vehicular
air pollution control except as otherwise provided in this division.
An administrative penalty imposed pursuant to this section shall not
exceed the amount that the state board is authorized to seek as a
civil penalty for the applicable violation, and an administrative
penalty imposed pursuant to this section shall not exceed ten
thousand dollars ($10,000) for each day in which there is a violation
up to a maximum of one-hundred-thousand-dollars ($100,000) per
penalty assessment proceeding for any violation arising from the same
conduct. This one hundred thousand dollar ($100,000) maximum penalty
limitation does not apply in any judicial proceeding involving
violations committed under this part.
(b) Nothing in this section restricts the authority of the state
board to negotiate mutual settlements under any other penalty
provision of law that exceeds ten thousand dollars ($10,000) for each
day in which there is a violation up to a maximum of one hundred
thousand dollars ($100,000) per penalty assessment proceeding.
(c) The administrative penalties authorized by this section shall
be imposed and recovered by the state board in administrative
hearings established pursuant to Article 3 (commencing with Section
60065.1) and Article 4 (commencing with Section 60075.1) of
Subchapter 1.25 of Chapter 1 of Division 3 of Title 17 of the
California Code of Regulations, except that the hearings shall be
conducted by an administrative law judge appointed by the Office of
Administrative Hearings.
(d) Nothing in this section authorizes the state board to impose
penalties for categories of violations for which the state board may
not seek penalties in a civil action.
(e) If the state board imposes any administrative penalties
pursuant to this section, the state board shall not bring any action
pursuant to, or rely upon, Chapter 4 (commencing with Section 17000)
of Part 2 of Division 7 of the Business and Professions Code.
(f) In determining the amount of any administrative penalty
imposed pursuant to this section, the state board shall take into
consideration all relevant circumstances, including, but not limited
to, those factors specified in subdivision (b) of Section 43031.
(g) After an order imposing an administrative penalty becomes
final pursuant to the hearing procedures identified in subdivision
(c), and no petition for a writ of mandate has been filed within the
time allotted for seeking judicial review of the order, the state
board may apply to the Superior Court for the County of Sacramento
for a judgment in the amount of the administrative penalty. The
application, which shall include a certified copy of the final order
of the administrative hearing officer, shall constitute a sufficient
showing to warrant the issuance of the judgment.
(h) This section does not apply to any violation for which a
penalty may be assessed pursuant to Chapter 1.5 (commencing with
Section 43025).
(i) This section is not intended, and shall not be construed, to
grant the state board authority to assess an administrative penalty
for any category of violation that was not subject to enforcement by
the state board as of January 1, 2002.
(j) Any administrative penalty assessed pursuant to this section
shall be paid to the Treasurer for deposit in the General Fund.
(k) A party adversely affected by the final decision in the
administrative hearing may seek independent judicial review by filing
a petition for a writ of mandate in accordance with Section 1094.5
of the Code of Civil Procedure.
(l) This section applies only to violations that occur on or after
January 1, 2002.
(m) The state board shall prepare and submit to the Legislature
and the Governor a report summarizing the administrative penalties
imposed by the state board pursuant to this section for calendar year
2011, and annually thereafter.
43023.5. (a) Districts with a population of one million residents
or greater, in consultation with the state board, shall ensure that
not less than 50 percent of the funds appropriated for purposes of
the programs specified in paragraphs (1) to (3), inclusive, are
expended in a manner that directly reduces air contaminants or
reduces the public health risks associated with air contaminants in
those districts, including, but not limited to, airborne toxics and
particulate matter, in communities with the most significant exposure
to air contaminants or localized air contaminants, or both,
including, but not limited to, communities of minority populations or
low-income populations, or both:
(1) The Carl Moyer Air Quality Standards Attainment Program
(Chapter 9 (commencing with Section 44275) of Part 5 of Division 26
of the Health and Safety Code).
(2) Programs for the purchase of reduced-emissions schoolbuses.
(3) Diesel mitigation programs.
(b) A district with less than one million residents is encouraged
to expend funds available to the district for the purposes specified
in subdivision (a) in a manner similar to that set forth in
subdivision (a), to the extent that district determines that this is
feasible.
43024. (a) No later than March 1, 2011, the state board shall
publish a penalty policy for civil or administrative penalties
prescribed under Chapter 1 (commencing with Section 43000) to Chapter
4 (commencing with Section 43800), inclusive, and Chapter 6
(commencing with Section 44200).
(b) The policy shall take into consideration all relevant
circumstances, including, but not limited to, all of the following:
(1) The extent of harm to public health, safety, and welfare
caused by the violation.
(2) The nature and persistence of the violation, including the
magnitude of the excess emissions.
(3) The compliance history of the defendant, including the
frequency of past violations.
(4) The preventive efforts taken by the defendant, including the
record of maintenance and any program to ensure compliance.
(5) The innovative nature and the magnitude of the effort required
to comply, and the accuracy, reproducibility, and repeatability of
the available test methods.
(6) The efforts of the defendant to attain, or provide for,
compliance.
(7) The cooperation of the defendant during the course of the
investigation and any action taken by the defendant, including the
nature, extent, and time of response of any action taken to mitigate
the violation.
(8) The financial burden to the defendant.