California Assembly Bill AB1685 Amended / Bill

 BILL NUMBER: AB 1685AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 11, 2016 AMENDED IN ASSEMBLY MARCH 18, 2016 INTRODUCED BY Assembly Member Gomez JANUARY 20, 2016 An act to  amend Sections 43016, 43151, 43154, 43211, and 43212 of, and add Section 43214 to, the Health and Safety Code,  relating to vehicular air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 1685, as amended, Gomez.  New motor vehicles: emission standards:   Vehicular air pollution:  civil penalties.  Existing   (1   )     Existing  law requires the State Air Resources Board to adopt and implement standards for the control of emissions from new motor vehicles that the state board finds to be necessary and technologically feasible. Existing law prohibits a new motor vehicle from being sold in the state that does not meet the emissions standards adopted by the state board.  Existing law provides that a person who violates specified vehicular air pollution statutes or specified orders, rules, or regulations of the state board is subject to a civil penalty up to $500 per vehicle.  Existing law provides that any manufacturer who sells, attempts to sell, or causes to be offered for sale a new motor vehicle that fails to meet the applicable emission standards shall be subject to a civil penalty of $5,000  for each such   per  action.  Existing law provid   es that a manufacturer or distributor who does not comply with the emission standards or the test procedures adopted by the state board is subject to a civil penalty of $50 per vehicle.   This bill would increase those penalties to $37,500 per action or vehicle. The bill would require the state board to adjust those penalties for inflation, as specified. The bill would require that the payment of a penalty for the violation of specified vehicular air pollution statutes or specified orders, rules, or regulations of the state board be a condition for the continued sale of products that are subject to regulation by the state board. The bill would exempt these provisions from the Administrative Procedure Act.   This bill would authorize the state board to order a manufacturer of new motor vehicles to bring the vehicles into compliance with the emissions configuration they were certified to meet. The bill would require the manufacturer to be in compliance with the state board's order as a condition for the continued sale of motor vehicles in the state.   (2) Existing law prohibits a person who is a state resident or who operates an established place of business within the state from importing, delivering, purchasing, renting, leasing, acquiring, or receiving a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in the state unless the motor vehicle engine or new motor vehicle has been certified to meet specified emissions standards. Existing law provides that a person who violates specified provisions relating to transactions of new motor vehicles or new motor vehicle engines is subject to a civil penalty of up to $5,000 per vehicle.   This bill instead would prohibit any person from advertising, introducing into commerce, importing, delivering, purchasing, renting, leasing, acquiring, or receiving a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in the state unless the motor vehicle engine or new motor vehicle has been certified to meet those specified emissions standards.   This bill would increase the civil penalty to $37,500 per action for violating those specified provisions relating to transactions of new motor vehicles or new motor vehicle engines. The bill would require the state board to adjust that penalty for inflation, as specified. The bill would require that the payment of the penalty be a condition for the continued sale of motor vehicles by the manufacturer or distributer in the state. The bill would exempt these provisions from the Administrative Procedure Act.   This bill would require the state board to update civil penalties to ensure state law provides appropriate penalties, accounting for the intent of the violator, for introducing into commerce in California vehicles that do not meet emission standards adopted by the state board.  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 43016 of the   Health and Safety Code   is amended to read:  43016.  Any   (a)     (1)     A  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   thirty-seven thousand   five hundred dollars ($37,500) for each action  subject to regulation  under   pursuant to  this  part, as these terms are defined in this division or state board regulations. Any   part. Violations involving portable fuel containers or small off-road engines shall be subject to a civil penalty of five hundred dollars ($500) per unit. For a manufacturer or distributor who violates any provision of this article, the payment of the penalty shall be a condition for the continued sale by the manufacturer or distributor in this state of products regulated by the state board pursuant to this division.   (2) The state board shall adjust the maximum penalties specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be 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).   (b)     Any  penalty collected pursuant to this section shall be  payable to the State Treasurer for deposit   deposited  in the Air Pollution Control Fund.  SEC. 2.   Section 43151 of the   Health and Safety Code   is amended to read:  43151. (a)  No   A  person  who is a resident of, or who operates an established place of business within, this state  shall  not advertise, introduce into commerce,  import, deliver, purchase, rent, lease, acquire, or receive a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in this state unless  such   the  motor vehicle engine or motor vehicle has been certified pursuant to this chapter.  No   A  person shall  not  attempt or assist in  any such   that  action. (b) This article shall not apply to a vehicle acquired by a resident of this state for the purpose of replacing a vehicle registered to  such   that  resident  which   that  was damaged or became inoperative beyond reasonable repair or was stolen while out of this  state;   state  provided that  such   the  replacement vehicle is acquired out of state at the time the previously owned vehicle was either damaged or became inoperative or was stolen. This article shall not apply to a vehicle transferred by  inheritance,   inheritance  or by a decree of divorce, dissolution, or legal separation entered by a court of competent jurisdiction, or to any vehicle sold after the effective date of the amendments to this subdivision at the 1979-80 Regular Session of the Legislature if the vehicle was registered in this state before  such   that  effective date. (c) This chapter shall not apply to any motor vehicle having a certificate of conformity issued pursuant to the  federal  Clean Air Act (42 U.S.C. Sec. 7401 et seq.) and originally registered in another state by a resident of that state who subsequently establishes residence in this state and who, upon registration of the vehicle in this state, provides satisfactory evidence to the Department of Motor Vehicles of the previous residence and registration. This subdivision shall become operative 180 calendar days after the state board adopts regulations for the certification of new direct import vehicles pursuant to Section 43203.5.  (d) "Established place of business," as used in this section, means a place actually occupied either continuously or at regular periods.   SEC. 3.   Section 43154 of the   Health and Safety Code   is amended to read:  43154. (a)  Any   (1)     A  person who violates any provision of this article shall be  liable for   subject to  a civil penalty not to exceed  five thousand dollars ($5,000) per vehicle.   thirty-seven thousand five hundred dollars ($37,500) for each action. For a manufacturer or distributor who violates any provision of this article, the payment of the penalty shall be a condition for the continued sale of motor vehicles by that manufacturer or distributer in this state.   (2) The state board shall adjust the maximum penalty specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be 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).  (b) Any action to recover a penalty under this section shall be brought in the name of the people of the State of California in the superior court of the county where the violation occurred, or in the county where the defendant's residence or principal place of business is located, by the Attorney General on behalf of the state board, in which event all penalties adjudged by the court shall be deposited in the Air Pollution Control Fund, or by the district attorney or county attorney of such county, or by the city attorney of a city in that county, in which event all penalties adjudged by the court shall be deposited with the treasurer of the county or city, as the case may be.  SEC. 4.   Section 43211 of the   Health and Safety Code   is amended to read:  43211.  No   (a)     (1)     A new motor vehicle sold in California  that does not   shall  meet the emission standards adopted by the state board, and  any   a  manufacturer who sells, attempts to sell, or causes to be offered for sale a new motor vehicle that fails to meet the applicable emission standards shall be subject to a civil penalty of  five thousand dollars ($5,000)   thirty-seven thousand five hundred dollars ($37,500)  for each  such  action.  (2) The state board shall adjust the maximum penalty specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be 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).   Any   (b   )     Any  penalty recovered pursuant to this section shall be deposited into the General Fund.  SEC. 5.   Section 43212 of the   Health and Safety Code   is amended to read:  43212.  Any   (a)     (1)     A  manufacturer or distributor who does not comply with the emission standards or the test procedures adopted by the state board shall be subject to a civil penalty of  fifty dollars ($50)   thirty-seven thousand five hundred dollars ($37,500)  for each vehicle  which   that  does not comply with the standards or procedures and  which   that  is first sold in this state. The payment of  such   the  penalties to the state board shall be a condition to the further sale by  such   the  manufacturer or distributor of  new  motor vehicles in this state.  (2) The state board shall adjust the maximum penalty specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be 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).   Any   (b)     Any  penalty recovered pursuant to this section shall be deposited into the Air Pollution Control Fund.  SEC. 6.   Section 43214 is added to the   Health and Safety Code   , to read:   43214. The state board may order a manufacturer of new motor vehicles to bring its vehicles into compliance with the emissions configuration they were certified to meet. Compliance with the order shall be a condition for the continued sale of motor vehicles by that manufacturer in this state.   SECTION 1.   The State Air Resources Board shall update civil penalties to ensure state law provides appropriate penalties, accounting for the intent of the violator, for introducing into commerce in California vehicles that do not meet emission standards adopted by the state board.