CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2940

Introduced by Assembly Members Caballero and Aguiar-Curry

February 16, 2018

An act to amend Sections 4000.15 and 4156 of the Vehicle Code, relating to vehicle emissions.


LEGISLATIVE COUNSEL'S DIGEST


AB 2940, as introduced, Caballero. Vehicle emissions.
Existing law, commencing January 1, 2020, prohibits the registration, or renewal or transfer of registration, for specified diesel-fueled commercial vehicles unless the vehicle is subject to exemption from that prohibition, or is compliant with specified air pollution control technology, in which case the Department of Motor Vehicles is authorized to register the vehicle.
This bill would additionally authorize the department to allow the registration, or renewal or transfer of registration, for low-use vehicles and agricultural vehicles that meet certain requirements.
Existing law authorizes the department, in its discretion, to issue a temporary permit to operate a vehicle when a payment of fees has been accepted in an amount to be determined by the department and paid to the department by the owner or other person in lawful possession of the vehicle. Existing law authorizes the department to issue a temporary permit to operate a diesel-fueled vehicle for which registration may be refused pursuant to specified emission standards requirements.
This bill would additionally require the department to issue the permit within 48 hours of a determination of noncompliance with current emission requirements.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 4000.15 of the Vehicle Code is amended to read:

4000.15.
 (a) Effective January 1, 2020, the department shall confirm, prior to the initial registration or the transfer of ownership and registration of a diesel-fueled vehicle with a gross vehicle weight rating of more than 14,000 pounds, that the vehicle is compliant with, or exempt from, applicable air pollution control technology requirements pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code and regulations of the State Air Resources Board adopted pursuant to that division.
(b) Except as otherwise provided in subdivision (c), for diesel-fueled vehicles subject to Section 43018 of the Health and Safety Code, as applied to the reduction of emissions of diesel particulate matter, oxides of nitrogen, and other criteria pollutants from in-use diesel-fueled vehicles, and Section 2025 of Title 13 of the California Code of Regulations as it read on January 1, 2017, or as subsequently amended:
(1) The department shall refuse registration, or renewal or transfer of registration, for a diesel-fueled vehicle with a gross vehicle weight rating of 14,001 pounds to 26,000 pounds for the following vehicle model years:
(A) Effective January 1, 2020, vehicle model years 2004 and older.
(B) Effective January 1, 2021, vehicle model years 2007 and older.
(C) Effective January 1, 2023, vehicle model years 2010 and older.
(2) The department shall refuse registration, or renewal or transfer of registration, for a diesel-fueled vehicle with a gross vehicle weight rating of more than 26,000 pounds for the following vehicle model years:
(A) Effective January 1, 2020, vehicle model years 2000 and older.
(B) Effective January 1, 2021, vehicle model years 2005 and older.
(C) Effective January 1, 2022, vehicle model years 2007 and older.
(D) Effective January 1, 2023, vehicle model years 2010 and older.
(c) (1) As determined by the State Air Resources Board, notwithstanding effective dates and vehicle model years identified in subdivision (b), the department may allow registration, or renewal or transfer of registration, for a diesel-fueled vehicle that has been reported to the State Air Resources Board, and is using an approved exemption, or is compliant with applicable air pollution control technology requirements pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code and regulations of the State Air Resources Board adopted pursuant to that division, including vehicles equipped with the required model year emissions equivalent engine or otherwise using an approved compliance option. division and Section 2025 of Title 13 of the California Code of Regulations as it read on January 1, 2017, or as subsequently amended, including any of the following:
(A) Vehicles equipped with the required model year emissions equivalent engine or otherwise using an approved compliance option.
(B) Low-use vehicles that do not exceed 5,000 miles annually after January 1, 2020, that meet the reporting and recordkeeping requirements in accordance with paragraph (12) of subdivision (r) of, and subdivision (s) of, Section 2025 of Title 13 of the California Code of Regulations.
(C) Agricultural vehicles that have been reported as of January 31, 2019, and qualified for the provisions of subdivision (m) of Section 2025 of Title 13 of the California Code of Regulations and the reporting and recordkeeping requirements in accordance with paragraph (14) of subdivision (r) of, and subdivision (s) of, Section 2025 of Title 13 of the California Code of Regulations.
(2) The State Air Resources Board shall notify the department of the vehicles allowed to be registered pursuant to this subdivision.
(3) Any amendment of Section 2025 of Title 13 of the California Code of Regulations required in connection with the changes made to this subdivision by the act that added this paragraph shall be limited in application to those vehicles described in subparagraphs (B) and (C) of paragraph (1).

SEC. 2.

 Section 4156 of the Vehicle Code is amended to read:

4156.
 (a) Notwithstanding any other provision of this code, and except as provided in subdivision (b), the department in its discretion may issue a temporary permit to operate a vehicle when a payment of fees has been accepted in an amount to be determined by, and paid to the department, by the owner or other person in lawful possession of the vehicle. The permit shall be subject to the terms and conditions, and shall be valid for the period of time, that the department shall deem appropriate under the circumstances.
(b) (1) The department shall not issue a temporary permit pursuant to subdivision (a) to operate a vehicle for which a certificate of compliance is required pursuant to Section 4000.3, and for which that certificate of compliance has not been issued, unless the department is presented with sufficient evidence, as determined by the department, that the vehicle has failed its most recent smog check inspection.
(2) Only one temporary permit may be issued pursuant to this subdivision to a vehicle owner in a two-year period.
(3) A temporary permit issued pursuant to paragraph (1) is valid for either 60 days after the expiration of the registration of the vehicle or 60 days after the date that vehicle is removed from nonoperation, whichever is applicable at the time that the temporary permit is issued.
(4) A temporary permit issued pursuant to paragraph (1) is subject to Section 9257.5.
(c) (1) The department may issue a temporary permit pursuant to subdivision (a) to operate a vehicle for which registration may be refused pursuant to Section 4000.15. The department shall issue the temporary permit within 48 hours of a determination of noncompliance with current emission requirements.
(2) Only one temporary permit may be issued pursuant to this subdivision for any vehicle, unless otherwise approved by the State Air Resources Board.
(3) A temporary permit issued pursuant to paragraph (1) is valid for either 90 days after the expiration of the registration of the vehicle or 90 days after the date that vehicle is removed from nonoperation, whichever is applicable at the time the temporary permit is issued.