Bill Text: CA SB124 | 2009-2010 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Air pollution: schoolbus idling and idling at schools.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 561, Statutes of 2009. [SB124 Detail]

Download: California-2009-SB124-Enrolled.html

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BILL NUMBER: SB 124	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  AUGUST 31, 2009
	AMENDED IN ASSEMBLY  AUGUST 27, 2009
	AMENDED IN SENATE  APRIL 30, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Oropeza
   (Coauthor: Assembly Member Blumenfield)

                        FEBRUARY 4, 2009

   An act to amend Section 42407 of, and to add Chapter 3.4
(commencing with Section 39640) to Part 2 of Division 26 of, the
Health and Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 124, Oropeza. Air pollution: schoolbus idling and idling at
schools.
   Existing law designates the State Air Resources Board as the state
agency charged with coordinating efforts to attain and maintain
ambient air quality standards. Existing law also designates the state
board as the state agency with the primary responsibility for the
control of vehicular air pollution. Existing law requires the state
board to identify toxic air contaminants that are emitted into the
ambient air of the state, and requires the state board to establish
toxic control measures for toxic air contaminants. Existing
regulations adopted by the state board establish toxic control
measures to limit schoolbus idling and idling at schools. Those
existing regulations require drivers of schoolbuses, transit buses,
school pupil activity buses, youth buses, general public paratransit
vehicles, as those terms are defined in the regulations, and
specified transit buses and commercial motor vehicles to, among other
things, turn off the bus or vehicle engine upon stopping at or
within 100 feet of a school, prohibits those drivers from turning the
bus or vehicle engine on more than 30 seconds before beginning to
depart from a school or within 100 feet of a school, and prohibits
those drivers from causing the bus or vehicle to idle for more than 5
consecutive minutes or 5 aggregate minutes in any one hour at any
location greater than 100 feet from a school. Those existing
regulations provide that any violation of those requirements subjects
the driver or the motor carrier to a minimum civil penalty of $100
and to criminal penalties. Those existing regulations authorize the
state board, peace officers and the authorized representatives of
their law enforcement agencies, and air quality management districts
and air pollution control districts, to enforce those provisions.
   This bill would increase the minimum civil penalty for a violation
to $300 and authorize additional civil penalties.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 3.4 (commencing with Section 39640) is added to
Part 2 of Division 26 of the Health and Safety Code, to read:
      CHAPTER 3.4.  SCHOOLBUS IDLING AND IDLING AT SCHOOLS


   39640.  The purpose of this chapter is to reduce public exposure,
especially schoolage children's exposure, to diesel exhaust
particulate matter and other toxic air contaminants by limiting
unnecessary idling of vehicular sources.
   39641.  The state board has adopted regulations establishing toxic
control measures to limit schoolbus idling and idling at schools.
   39642.  The regulations described in Section 39641 may be enforced
by the state board, peace officers, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of the Penal Code, and their
respective law enforcement agencies' authorized representatives, and
the air districts. A violation of any provision of the regulations
described in Section 39641 is subject to a minimum civil penalty of
three hundred dollars ($300), additional civil penalties as provided
in Section 39674, and to criminal penalties as provided in Article 3
(commencing with Section 42400) of Chapter 4 of Part 4.
  SEC. 2.  Section 42407 of the Health and Safety Code is amended to
read:
   42407.  Except as provided in Chapter 3.4 (commencing with Section
39640) of Part 2 and Sections 40720 and 42403.5, this article is not
applicable to vehicular sources.