CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 210

Introduced by Senator Leyva

February 04, 2019

An act to add Chapter 5.5 (commencing with Section 44150) to Part 5 of Division 26 of the Health and Safety Code, and to amend Section 27153 of, and to add Sections 4000.17, 4156.5, 24019, 27158.1, and 27158.2 to, the Vehicle Code, relating to vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


SB 210, as introduced, Leyva. Heavy-Duty Vehicle Inspections and Maintenance Program.
(1) 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, with all the moneys deposited in the fund to be available upon appropriation.
(2) Existing law generally requires the registration of vehicles by the Department of Motor Vehicles. Under existing law, a violation of the Vehicle Code is an infraction, unless otherwise specified.
This bill, no later than one year after the effective date of a regulation implementing the Heavy-Duty Vehicle Inspection and Maintenance Program, would require the department to confirm that a heavy-duty vehicle, as specified, is compliant with, or exempt from, the program prior to the initial registration, the transfer of ownership, or the renewal of registration, except as specified. The bill would require the state board to notify the department of the vehicles allowed to be registered pursuant to these provisions.
This bill would authorize the department to issue a temporary permit, valid for a specified period and subject to certain conditions, to operate a vehicle for which registration may be refused pursuant to the above-described provisions, as specified. The bill would require the payment of a $50 fee for the temporary permit, to be deposited in the Truck Emission Check (TEC) Fund.
This bill, commencing one year after the effective date of a regulation implementing the Heavy-Duty Vehicle Inspection and Maintenance Program, would require a legal owner or registered owner of the heavy-duty vehicle to maintain a certificate of compliance with the vehicle, with exceptions, and would make a violation of this provision subject to a notice issued by an officer to correct the violation, as specified. The bill would require the driver of the vehicle to present the certificate of compliance for examination upon demand by a peace officer.
This bill would prohibit the operation of a heavy-duty vehicle on a public road in this state if that vehicle has an illuminated malfunction indicator light displaying a specified engine symbol, and would make a violation of this provision subject to a notice issued by an officer to correct the violation on the basis of its designation as a mechanical violation.
This bill would prohibit the operation of a heavy-duty vehicle in a manner resulting in the escape of visible smoke, except during active regeneration.
By creating new crimes, this bill would impose a state-mandated local program.
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.

 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 onroad 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 hospitalizations, 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 44152 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 to address the inspection of, tampering with, and maintenance of emissions control systems. It is further the intent of the Legislature that the State Air Resources Board work with other relevant agencies in conducting a pilot program prior to the full-scale implementation of the Heavy-Duty Vehicle Inspection and Maintenance Program in order 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.
(h) It is the intent of the Legislature that the State Air Resources Board minimize the duplication of programs and program requirements related to heavy-duty vehicle inspection and maintenance. It is further the intent of the Legislature that, to the extent feasible, the creation and implementation of the Heavy-Duty Vehicle Inspection and Maintenance Program established by Section 44152 of the Health and Safety Code minimizes duplicative programs and program requirements in a way that reduces compliance requirements and costs to truck owners and fleets.

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.
 For purposes of this chapter, “program” means the Heavy-Duty Vehicle Inspection and Maintenance Program established pursuant to Section 44152.

44152.
 (a)  No later than ____ and to the extent authorized by federal law, the state board, in consultation with the bureau and the Department of Motor Vehicles, shall adopt and implement a regulation for 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 but operate on California roads. In adopting a regulation implementing the program, the state board shall 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 and particulate matter. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics system data and test procedures that measure the effectiveness of the control of emissions of greenhouse gases.
(2) Require a motor vehicle to pass the test procedures in order to register or operate in the state. The state board may establish in the regulation full or partial exemptions from the requirements of this section for categories of vehicles it determines on the basis of substantial evidence that the economic costs of compliance substantially outweigh the benefits of compliance, including public health benefits.
(3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history with the program.
(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes.
(5) Develop and implement enforcement methods to ensure continuing compliance with this section and Section 27153 of the Vehicle Code. The enforcement methods may include, but are not limited to, all of the following:
(A) Visual inspections.
(B) Functional inspections.
(C) Requiring emissions testing of vehicles.
(6) Develop, in coordination with the Department of Motor Vehicles, 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 annual vehicle registration notices to be issued.
(b) The state board may establish licensing standards for persons engaged in the business of the inspection, diagnosis, and repair of heavy-duty motor vehicles. The board also may establish qualification standards or approval, operational, or licensure standards for testing equipment, including protocols, hardware, and software used for the submission of vehicle test data to the state board or its contractors.
(c) (1) As part of the program, the state board shall develop a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate. The state board shall issue the certificate to the legal owner, registered owner, or designee of a vehicle that, at the discretion of the state board, meets the requirements of the program so that vehicle owners and operators may easily demonstrate proof of compliance, as required pursuant to Sections 27158.1 and 27158.2 of the Vehicle Code.
(2) The certificate of compliance shall contain information determined to be necessary by the state board that includes, but need not be limited to, all of the following:
(A) Date issued.
(B) Date of expiration.
(C) Name and residence or business address or mailing address of the legal owner or registered owner.
(D) Vehicle identification number assigned to the vehicle.
(E) Description of the vehicle that includes the year, make, and model of the vehicle.
(d) The Department of Transportation, the Department of Food and Agriculture, and the Department of the California Highway Patrol may provide any necessary information to help facilitate the installation of equipment necessary to implement the program.
(e) The state board, the Department of Motor Vehicles, and the Department of Food and Agriculture may develop initiatives for outreach and education to help ensure compliance with the program.
(f) The state board shall request a permit to deploy equipment on the state highway system, as defined in Article 3 (commencing with Section 300) of Chapter 2 of Division 1 of the Streets and Highway Code, in accordance with Chapter 3 (commencing with Section 660) of Division 1 of the Streets and Highways Code, and in cooperation with the Department of the California Highway Patrol.
(g) The state board may inspect vehicles subject to this section in conjunction with the safety and weight enforcement activities of the Department of the California Highway Patrol or at other locations selected by the state board in consultation with the Department of the California Highway Patrol. Inspection locations may include instate private facilities where fleet vehicles are serviced or maintained. The state board and the Department of the California Highway Patrol may conduct these inspections cooperatively or independently, and the state board may contract for assistance in the conduct of these inspections.
(h) (1) The state board may issue a citation to the owner of a vehicle in violation of this section or a regulation promulgated pursuant to this section. The state board may require the operator of a vehicle to submit to a test procedure and may specify that refusal to submit is an admission constituting proof of a violation. The state board may require that, when a citation has been issued pursuant to this section, the owner of a vehicle in violation of the regulation shall be required to correct every deficiency specified in the citation within a timeframe determined by the state board.
(2) When deciding whether to issue a citation, the state board may take into account whether the owner of the vehicle has obtained a temporary permit to operate the vehicle pursuant to Section 4156.5 of the Vehicle Code.
(i) The state board shall provide an owner cited as violating this section an opportunity for an administrative hearing consistent with the process 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. Following notice and an opportunity for an administrative hearing, the state board, at its discretion, may use the procedure set forth in subdivision (j) of Section 44011.6 for a vehicle owner cited pursuant to this section.
(j) After an order imposing an administrative penalty becomes final pursuant to the hearing procedures identified in subdivision (i) 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.

44154.
 (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 regulatory purposes of the program.
(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Air Pollution Control Fund.

44156.
 Prior to fully implementing the program, the state board, in consultation with the bureau, the Department of Transportation, the Department of Motor Vehicles, the Department of the California Highway Patrol, other interested state agencies, and stakeholders as part of a public process, shall implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into the program. The state board shall report the findings of the pilot program on its internet website.

SEC. 3.

 Section 4000.17 is added to the Vehicle Code, immediately following Section 4000.15, to read:

4000.17.
 (a) No later than one year after the effective date of a regulation implementing the Heavy-Duty Vehicle Inspection and Maintenance Program described in Section 44152 of the Health and Safety Code, the department shall confirm, prior to the initial registration, the transfer of ownership, or the renewal of registration, that a heavy-duty vehicle is compliant with, or exempt from, the Heavy-Duty Vehicle Inspection and Maintenance Program.
(b) For purposes of this section, “heavy-duty vehicle” means a nongasoline heavy-duty onroad motor vehicle with a gross vehicle weight rating of more than 14,000 pounds, as defined by the State Air Resources Board pursuant to Section 44152 of the Health and Safety Code.
(c) Subdivision (a) does not apply to a transfer of ownership and registration under any of the following circumstances:
(1) A motor vehicle registered to a sole proprietorship is transferred to the proprietor as owner.
(2) The transfer is between companies the principal business of which is leasing motor vehicles, if there is no change in the lessee or operator of the motor vehicle or between the lessor and the person who has been, for at least one year, the lessee’s operator of the motor vehicle.
(3) The transfer is between the lessor and lessee of the motor vehicle, if there is no change in the lessee or operator of the motor vehicle.
(4) An additional individual is added as a registered owner of the motor vehicle.
(d) The State Air Resources Board shall notify the department of the motor vehicles allowed to be registered pursuant to this section.

SEC. 4.

 Section 4156.5 is added to the Vehicle Code, to read:

4156.5.
 (a) 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, for a vehicle for which registration may be refused pursuant to Section 4000.17. The permit shall be subject to the terms and conditions that the department shall deem appropriate under the circumstances.
(b) 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 4000.17, 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 inspection pursuant to the Heavy-Duty Vehicle Inspection and Maintenance Program described in Section 44152 of the Health and Safety Code.
(c) Only one temporary permit may be issued pursuant to this section for any vehicle, unless otherwise approved by the State Air Resources Board.
(d) A temporary permit issued pursuant to this section 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 the temporary permit is issued.
(e) (1) A fee of fifty dollars ($50) shall be paid for a temporary permit issued pursuant to this section.
(2) After deducting its administrative costs, the department shall deposit fees collected pursuant to paragraph (1) in the Truck Emission Check (TEC) Fund described in subdivision (b) of Section 44151 of the Health and Safety Code, to be used for regulatory activities under the Heavy-Duty Vehicle Inspection and Maintenance Program.

SEC. 5.

 Section 24019 is added to the Vehicle Code, to read:

24019.
 (a) A nongasoline heavy-duty onroad motor vehicle with a gross vehicle weight rating of more than 14,000 pounds shall not be operated on a public road in this state if that vehicle has an illuminated malfunction indicator light (MIL) displaying the International Standards Organization (ISO) 2575 engine symbol F01, consistent with subdivision (d) of Section 1971.1 of Title 13 of the California Code of Regulations.
(b) A violation of this section shall be considered a mechanical violation under Section 40610 of the Vehicle Code. A peace officer shall not stop a vehicle solely on suspicion of a violation of this section.

SEC. 6.

 Section 27153 of the Vehicle Code is amended to read:

27153.
 No (a) A motor vehicle shall not be operated in a manner resulting in the escape of excessive smoke, flame, gas, oil, or fuel residue.

The provisions of this section apply

(b) A nongasoline heavy-duty onroad motor vehicle with a gross vehicle weight rating of more than 14,000 pounds shall not be operated in a manner resulting in the escape of visible smoke, except during active regeneration.
(c) This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.

SEC. 7.

 Section 27158.1 is added to the Vehicle Code, to read:

27158.1.
 (a) Commencing one year after the effective date of a regulation implementing the Heavy-Duty Vehicle Inspection and Maintenance Program described in Section 44152 of the Health and Safety Code, a legal owner or registered owner of a nongasoline heavy-duty onroad motor vehicle with a gross vehicle weight rating of more than 14,000 pounds shall maintain a certificate of compliance, as described in Section 44152 of the Health and Safety Code, or a facsimile or electronic copy thereof, with the vehicle for which the certificate is issued.
(b) Subdivision (a) does not apply when a certificate of compliance is necessarily removed from the vehicle for the purpose of renewal or when the vehicle is left unattended.
(c) A violation of this section shall be cited in accordance with Section 40610.

SEC. 8.

 Section 27158.2 is added to the Vehicle Code, to read:

27158.2.
 (a) The driver of a nongasoline heavy-duty onroad motor vehicle with a gross vehicle weight rating of more than 14,000 pounds shall present the certificate of compliance, as described in Section 44152 of the Health and Safety Code, or other evidence of the certificate of compliance, of the vehicle under the driver’s immediate control for examination upon demand by any peace officer.
(b) The driver of the vehicle described in subdivision (a) shall not present to any peace officer a certificate of compliance not issued for that vehicle.

SEC. 9.

 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.