California Assembly Bill AB453 Amended / Bill

 BILL NUMBER: AB 453AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 1, 2009 AMENDED IN ASSEMBLY MARCH 23, 2009 INTRODUCED BY Assembly Member Garrick  (   Principal coauthor:   Assembly Member   Miller   )  (Principal coauthor: Senator Cox) FEBRUARY 24, 2009 An act to amend Section 41964 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 453, as amended, Garrick. Gasoline: vapor recovery systems. Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. This bill would  prohibit the state board from requiring   exempt  a gasoline dispensing facility that does not meet these requirements from  undergoing   penalties for failing to undergo  an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 41964 of the Health and Safety Code is amended to read: 41964. (a) The state board shall not require a gasoline dispensing facility that meets all of the following requirements to undergo an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011: (1) As of January 1, 2009, have installed a state board certified Phase II vapor recovery system. (2) Have an annual gasoline throughput of 240,000 gallons or less. (3) Operate in a county that has a population of less than 100,000. (4) Operate in a basin not classified as nonattainment for ozone. (b)  The state board shall not require a   A  gasoline dispensing facility that does not meet all of the requirements of subdivision (a)  that fails  to undergo an Enhanced Vapor Recovery Phase II upgrade  until   shall not be subject to penalties for violations that occur before  April 1, 2010.