CA
California Senate Bill SB210

California 2017-2018 Regular Session

California Senate Bill SB210 Compare Versions

OldNewDifferences
1-Amended IN Assembly June 19, 2018 Amended IN Assembly August 23, 2017 Amended IN Senate May 26, 2017 Amended IN Senate March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 210Introduced by Senator LeyvaFebruary 01, 2017 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 DIGESTSB 210, as amended, Leyva. Heavy-Duty Vehicle Inspection and Maintenance Program.Existing(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 and the Diesel Emission System Inspection and Smoke Test (DESIST) Account in the fund, Fund, with all the moneys deposited in each 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe 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 hospitalization, 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 44150 44152 of the Health and Safety Code is a key step in achieving the states 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. 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.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 Program44150. For purposes of this chapter, program means the Heavy-Duty Vehicle Inspection and Maintenance Program established pursuant to Section 44152.44150.44152. (a) The 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, may develop and implement 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 and but operate in the state. on California roads. In adopting a regulation implementing the program, the state board may 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, nitrogen and particulate matter, and greenhouse gases. matter. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems. 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. history with the program.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(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.(5)Develop(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 the Department of Motor Vehicles to issue annual vehicle registration notices. notices to be issued.(6)Allow for contracting for services to administer any component of the program.(7)Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8)Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.(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.44151.44154. (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 this chapter. the program.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature. Air Pollution Control Fund.44152.The 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, may shall implement a pilot program prior to fully implementing the program authorized pursuant to this chapter. 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 Web site.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 lessees 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 his or her 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 XIIIB 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 XIIIB of the California Constitution.
1+Amended IN Assembly August 23, 2017 Amended IN Senate May 26, 2017 Amended IN Senate March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 210Introduced by Senator Leyva(Principal coauthor: Assembly Member Reyes)February 01, 2017 An act to amend Section 116276 of the Health and Safety Code, relating to public health. add Chapter 5.5 (commencing with Section 44150) to Part 5 of Division 26 of the Health and Safety Code, relating to vehicular air pollution.LEGISLATIVE COUNSEL'S DIGESTSB 210, as amended, Leyva. Pupil health: drinking water. Heavy-Duty Vehicle Inspection and Maintenance Program.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 and the Diesel Emission System Inspection and Smoke Test (DESIST) Account in the fund, with all the moneys deposited in each fund to be available upon appropriation. Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities located on public school property. The act requires the state board to give priority to certain projects.This bill would require priority be given to projects for schools that have tested their drinking water fixtures, and the results show that the drinking water either does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the California maximum contaminant level for any other contaminant, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 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 hospitalization, 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 44150 of the Health and Safety Code is a key step in achieving the states 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. It is further the intent of the Legislature 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.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 Program44150. (a) The state board, in consultation with the bureau and the Department of Motor Vehicles, may develop and implement 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 and operate in the state. In implementing the program, the state board may 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, particulate matter, and greenhouse gases. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems.(2) Require a motor vehicle to pass the test procedures in order to register or operate in the state.(3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(5) Develop 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 the Department of Motor Vehicles to issue annual vehicle registration notices.(6) Allow for contracting for services to administer any component of the program.(7) Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8) Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.44151. (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 purposes of this chapter.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature.44152. The state board, in consultation with the bureau, the Department of Motor Vehicles, and stakeholders as part of a public process, may implement a pilot program prior to fully implementing the program authorized pursuant to this chapter. SECTION 1.Section 116276 of the Health and Safety Code is amended to read:116276.(a)The state board shall establish a program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools consistent with the Legislatures intent that school facilities be maintained in good repair, as defined in paragraph (1) of subdivision (d) of Section 17002 of the Education Code. Eligible entities shall be limited to local educational agencies serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities, as defined in Section 1596.750, located on public school property. The program shall include, but not be limited to, funding for at least one of the following:(1)Installation of water bottle filling stations.(2)Installation or replacement of drinking water fountains with devices that are capable of removing contaminants that are present in the facilitys water supply.(3)Installation of point-of-entry or point-of-use treatment devices for drinking fountains, and up to three years of postinstallation replacement filters, and operation, maintenance, and monitoring of the devices, including training on how to operate and maintain the treatment devices and community outreach and education about their use.(b)The state board shall implement the program by taking actions that include, but are not necessarily limited to, the development of procedures and guidelines for the submission of grant applications and criteria for the evaluation of those applications.(c)(1)In developing the procedure for awarding grants pursuant to this section, the state board shall do all of the following:(A)Set requirements for grant recipients to adopt a program for inspecting and maintaining any water treatment device funded by the grant.(B)Establish a maximum grant amount.(C)Give priority to each of the following:(i)Projects for schools within, or serving pupils from, a small disadvantaged community, as defined in Section 13193.9 of the Water Code.(ii)Projects that have high effectiveness in increasing access to safe drinking water at schools.(iii)Projects for schools that have tested their drinking water fixtures, and the results show that the drinking water either does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the maximum contaminant level for any other contaminant pursuant to Title 22 of the California Code of Regulations.(2)In developing the procedure for awarding grants pursuant to this section, the state board may require applicants to commit additional resources to the project, except that the state board shall not require matching funds for local educational agencies serving small disadvantaged communities or interfere with the prioritization of grant funding to small disadvantaged communities.(d)(1)Procedures and guidelines for the program developed by the state board under this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(2)Before finalizing the procedures and guidelines for the distribution of grants pursuant to this section, the state board shall hold at least one public meeting to receive and consider public comment on the draft procedures and guidelines.(e)The state board shall provide technical assistance to applicants, including completing applications, overseeing installations, and assisting with operation and maintenance.(f)A contract entered into under the authority of this section is not subject to Section 10295 of the Public Contract Code.
22
3- Amended IN Assembly June 19, 2018 Amended IN Assembly August 23, 2017 Amended IN Senate May 26, 2017 Amended IN Senate March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 210Introduced by Senator LeyvaFebruary 01, 2017 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 DIGESTSB 210, as amended, Leyva. Heavy-Duty Vehicle Inspection and Maintenance Program.Existing(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 and the Diesel Emission System Inspection and Smoke Test (DESIST) Account in the fund, Fund, with all the moneys deposited in each 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES
3+ Amended IN Assembly August 23, 2017 Amended IN Senate May 26, 2017 Amended IN Senate March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 210Introduced by Senator Leyva(Principal coauthor: Assembly Member Reyes)February 01, 2017 An act to amend Section 116276 of the Health and Safety Code, relating to public health. add Chapter 5.5 (commencing with Section 44150) to Part 5 of Division 26 of the Health and Safety Code, relating to vehicular air pollution.LEGISLATIVE COUNSEL'S DIGESTSB 210, as amended, Leyva. Pupil health: drinking water. Heavy-Duty Vehicle Inspection and Maintenance Program.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 and the Diesel Emission System Inspection and Smoke Test (DESIST) Account in the fund, with all the moneys deposited in each fund to be available upon appropriation. Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities located on public school property. The act requires the state board to give priority to certain projects.This bill would require priority be given to projects for schools that have tested their drinking water fixtures, and the results show that the drinking water either does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the California maximum contaminant level for any other contaminant, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
5- Amended IN Assembly June 19, 2018 Amended IN Assembly August 23, 2017 Amended IN Senate May 26, 2017 Amended IN Senate March 15, 2017
5+ Amended IN Assembly August 23, 2017 Amended IN Senate May 26, 2017 Amended IN Senate March 15, 2017
66
7-Amended IN Assembly June 19, 2018
87 Amended IN Assembly August 23, 2017
98 Amended IN Senate May 26, 2017
109 Amended IN Senate March 15, 2017
1110
1211 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
1312
1413 Senate Bill No. 210
1514
16-Introduced by Senator LeyvaFebruary 01, 2017
15+Introduced by Senator Leyva(Principal coauthor: Assembly Member Reyes)February 01, 2017
1716
18-Introduced by Senator Leyva
17+Introduced by Senator Leyva(Principal coauthor: Assembly Member Reyes)
1918 February 01, 2017
2019
21- 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.
20+ An act to amend Section 116276 of the Health and Safety Code, relating to public health. add Chapter 5.5 (commencing with Section 44150) to Part 5 of Division 26 of the Health and Safety Code, relating to vehicular air pollution.
2221
2322 LEGISLATIVE COUNSEL'S DIGEST
2423
2524 ## LEGISLATIVE COUNSEL'S DIGEST
2625
27-SB 210, as amended, Leyva. Heavy-Duty Vehicle Inspection and Maintenance Program.
26+SB 210, as amended, Leyva. Pupil health: drinking water. Heavy-Duty Vehicle Inspection and Maintenance Program.
2827
29-Existing(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 and the Diesel Emission System Inspection and Smoke Test (DESIST) Account in the fund, Fund, with all the moneys deposited in each 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.
28+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 and the Diesel Emission System Inspection and Smoke Test (DESIST) Account in the fund, with all the moneys deposited in each fund to be available upon appropriation. Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities located on public school property. The act requires the state board to give priority to certain projects.This bill would require priority be given to projects for schools that have tested their drinking water fixtures, and the results show that the drinking water either does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the California maximum contaminant level for any other contaminant, as specified.
3029
31-Existing
30+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.
31+
32+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 and the Diesel Emission System Inspection and Smoke Test (DESIST) Account in the fund, with all the moneys deposited in each fund to be available upon appropriation.
33+
34+ Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities located on public school property. The act requires the state board to give priority to certain projects.
3235
3336
3437
35-(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.
38+This bill would require priority be given to projects for schools that have tested their drinking water fixtures, and the results show that the drinking water either does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the California maximum contaminant level for any other contaminant, as specified.
3639
37-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 and the Diesel Emission System Inspection and Smoke Test (DESIST) Account in the fund, Fund, with all the moneys deposited in each the fund to be available upon appropriation.
3840
39-(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.
40-
41-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.
42-
43-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.
44-
45-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.
46-
47-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.
48-
49-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.
50-
51-By creating new crimes, this bill would impose a state-mandated local program.
52-
53-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.
54-
55-This bill would provide that no reimbursement is required by this act for a specified reason.
5641
5742 ## Digest Key
5843
5944 ## Bill Text
6045
61-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 hospitalization, 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 44150 44152 of the Health and Safety Code is a key step in achieving the states 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. 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.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 Program44150. For purposes of this chapter, program means the Heavy-Duty Vehicle Inspection and Maintenance Program established pursuant to Section 44152.44150.44152. (a) The 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, may develop and implement 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 and but operate in the state. on California roads. In adopting a regulation implementing the program, the state board may 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, nitrogen and particulate matter, and greenhouse gases. matter. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems. 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. history with the program.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(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.(5)Develop(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 the Department of Motor Vehicles to issue annual vehicle registration notices. notices to be issued.(6)Allow for contracting for services to administer any component of the program.(7)Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8)Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.(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.44151.44154. (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 this chapter. the program.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature. Air Pollution Control Fund.44152.The 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, may shall implement a pilot program prior to fully implementing the program authorized pursuant to this chapter. 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 Web site.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 lessees 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 his or her 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 XIIIB 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 XIIIB of the California Constitution.
46+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 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 hospitalization, 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 44150 of the Health and Safety Code is a key step in achieving the states 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. It is further the intent of the Legislature 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.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 Program44150. (a) The state board, in consultation with the bureau and the Department of Motor Vehicles, may develop and implement 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 and operate in the state. In implementing the program, the state board may 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, particulate matter, and greenhouse gases. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems.(2) Require a motor vehicle to pass the test procedures in order to register or operate in the state.(3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(5) Develop 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 the Department of Motor Vehicles to issue annual vehicle registration notices.(6) Allow for contracting for services to administer any component of the program.(7) Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8) Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.44151. (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 purposes of this chapter.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature.44152. The state board, in consultation with the bureau, the Department of Motor Vehicles, and stakeholders as part of a public process, may implement a pilot program prior to fully implementing the program authorized pursuant to this chapter. SECTION 1.Section 116276 of the Health and Safety Code is amended to read:116276.(a)The state board shall establish a program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools consistent with the Legislatures intent that school facilities be maintained in good repair, as defined in paragraph (1) of subdivision (d) of Section 17002 of the Education Code. Eligible entities shall be limited to local educational agencies serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities, as defined in Section 1596.750, located on public school property. The program shall include, but not be limited to, funding for at least one of the following:(1)Installation of water bottle filling stations.(2)Installation or replacement of drinking water fountains with devices that are capable of removing contaminants that are present in the facilitys water supply.(3)Installation of point-of-entry or point-of-use treatment devices for drinking fountains, and up to three years of postinstallation replacement filters, and operation, maintenance, and monitoring of the devices, including training on how to operate and maintain the treatment devices and community outreach and education about their use.(b)The state board shall implement the program by taking actions that include, but are not necessarily limited to, the development of procedures and guidelines for the submission of grant applications and criteria for the evaluation of those applications.(c)(1)In developing the procedure for awarding grants pursuant to this section, the state board shall do all of the following:(A)Set requirements for grant recipients to adopt a program for inspecting and maintaining any water treatment device funded by the grant.(B)Establish a maximum grant amount.(C)Give priority to each of the following:(i)Projects for schools within, or serving pupils from, a small disadvantaged community, as defined in Section 13193.9 of the Water Code.(ii)Projects that have high effectiveness in increasing access to safe drinking water at schools.(iii)Projects for schools that have tested their drinking water fixtures, and the results show that the drinking water either does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the maximum contaminant level for any other contaminant pursuant to Title 22 of the California Code of Regulations.(2)In developing the procedure for awarding grants pursuant to this section, the state board may require applicants to commit additional resources to the project, except that the state board shall not require matching funds for local educational agencies serving small disadvantaged communities or interfere with the prioritization of grant funding to small disadvantaged communities.(d)(1)Procedures and guidelines for the program developed by the state board under this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(2)Before finalizing the procedures and guidelines for the distribution of grants pursuant to this section, the state board shall hold at least one public meeting to receive and consider public comment on the draft procedures and guidelines.(e)The state board shall provide technical assistance to applicants, including completing applications, overseeing installations, and assisting with operation and maintenance.(f)A contract entered into under the authority of this section is not subject to Section 10295 of the Public Contract Code.
6247
6348 The people of the State of California do enact as follows:
6449
6550 ## The people of the State of California do enact as follows:
6651
67-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 hospitalization, 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 44150 44152 of the Health and Safety Code is a key step in achieving the states 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. 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.
52+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 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 hospitalization, 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 44150 of the Health and Safety Code is a key step in achieving the states 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. It is further the intent of the Legislature 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.
6853
69-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 hospitalization, 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 44150 44152 of the Health and Safety Code is a key step in achieving the states 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. 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.
54+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 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 hospitalization, 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 44150 of the Health and Safety Code is a key step in achieving the states 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. It is further the intent of the Legislature 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.
7055
7156 SECTION 1. The Legislature finds and declares all of the following:
7257
7358 ### SECTION 1.
7459
7560 (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.
7661
7762 (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.
7863
79-(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.
64+(c) As of 2016, heavy-duty trucks operating in the state emitted nearly 60 percent of all oxides of nitrogen emissions from 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.
8065
81-(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 hospitalization, hospitalizations, lost work and school days, and, most importantly, premature mortality.
66+(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 hospitalization, lost work and school days, and, most importantly, premature mortality.
8267
8368 (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
8469
85-(f) The Heavy-Duty Vehicle Inspection and Maintenance Program established by Section 44150 44152 of the Health and Safety Code is a key step in achieving the states goals to improve public health and meeting our environmental imperatives.
70+(f) The Heavy-Duty Vehicle Inspection and Maintenance Program established by Section 44150 of the Health and Safety Code is a key step in achieving the states goals to improve public health and meeting our environmental imperatives.
8671
87-(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. 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.
72+(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. It is further the intent of the Legislature 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.
8873
89-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 Program44150. For purposes of this chapter, program means the Heavy-Duty Vehicle Inspection and Maintenance Program established pursuant to Section 44152.44150.44152. (a) The 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, may develop and implement 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 and but operate in the state. on California roads. In adopting a regulation implementing the program, the state board may 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, nitrogen and particulate matter, and greenhouse gases. matter. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems. 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. history with the program.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(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.(5)Develop(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 the Department of Motor Vehicles to issue annual vehicle registration notices. notices to be issued.(6)Allow for contracting for services to administer any component of the program.(7)Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8)Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.(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.44151.44154. (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 this chapter. the program.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature. Air Pollution Control Fund.44152.The 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, may shall implement a pilot program prior to fully implementing the program authorized pursuant to this chapter. 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 Web site.
74+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 Program44150. (a) The state board, in consultation with the bureau and the Department of Motor Vehicles, may develop and implement 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 and operate in the state. In implementing the program, the state board may 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, particulate matter, and greenhouse gases. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems.(2) Require a motor vehicle to pass the test procedures in order to register or operate in the state.(3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(5) Develop 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 the Department of Motor Vehicles to issue annual vehicle registration notices.(6) Allow for contracting for services to administer any component of the program.(7) Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8) Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.44151. (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 purposes of this chapter.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature.44152. The state board, in consultation with the bureau, the Department of Motor Vehicles, and stakeholders as part of a public process, may implement a pilot program prior to fully implementing the program authorized pursuant to this chapter.
9075
9176 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:
9277
9378 ### SEC. 2.
9479
95- CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program44150. For purposes of this chapter, program means the Heavy-Duty Vehicle Inspection and Maintenance Program established pursuant to Section 44152.44150.44152. (a) The 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, may develop and implement 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 and but operate in the state. on California roads. In adopting a regulation implementing the program, the state board may 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, nitrogen and particulate matter, and greenhouse gases. matter. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems. 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. history with the program.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(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.(5)Develop(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 the Department of Motor Vehicles to issue annual vehicle registration notices. notices to be issued.(6)Allow for contracting for services to administer any component of the program.(7)Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8)Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.(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.44151.44154. (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 this chapter. the program.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature. Air Pollution Control Fund.44152.The 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, may shall implement a pilot program prior to fully implementing the program authorized pursuant to this chapter. 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 Web site.
80+ CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program44150. (a) The state board, in consultation with the bureau and the Department of Motor Vehicles, may develop and implement 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 and operate in the state. In implementing the program, the state board may 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, particulate matter, and greenhouse gases. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems.(2) Require a motor vehicle to pass the test procedures in order to register or operate in the state.(3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(5) Develop 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 the Department of Motor Vehicles to issue annual vehicle registration notices.(6) Allow for contracting for services to administer any component of the program.(7) Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8) Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.44151. (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 purposes of this chapter.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature.44152. The state board, in consultation with the bureau, the Department of Motor Vehicles, and stakeholders as part of a public process, may implement a pilot program prior to fully implementing the program authorized pursuant to this chapter.
9681
97- CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program44150. For purposes of this chapter, program means the Heavy-Duty Vehicle Inspection and Maintenance Program established pursuant to Section 44152.44150.44152. (a) The 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, may develop and implement 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 and but operate in the state. on California roads. In adopting a regulation implementing the program, the state board may 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, nitrogen and particulate matter, and greenhouse gases. matter. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems. 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. history with the program.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(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.(5)Develop(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 the Department of Motor Vehicles to issue annual vehicle registration notices. notices to be issued.(6)Allow for contracting for services to administer any component of the program.(7)Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8)Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.(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.44151.44154. (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 this chapter. the program.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature. Air Pollution Control Fund.44152.The 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, may shall implement a pilot program prior to fully implementing the program authorized pursuant to this chapter. 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 Web site.
82+ CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program44150. (a) The state board, in consultation with the bureau and the Department of Motor Vehicles, may develop and implement 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 and operate in the state. In implementing the program, the state board may 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, particulate matter, and greenhouse gases. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems.(2) Require a motor vehicle to pass the test procedures in order to register or operate in the state.(3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(5) Develop 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 the Department of Motor Vehicles to issue annual vehicle registration notices.(6) Allow for contracting for services to administer any component of the program.(7) Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8) Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.44151. (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 purposes of this chapter.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature.44152. The state board, in consultation with the bureau, the Department of Motor Vehicles, and stakeholders as part of a public process, may implement a pilot program prior to fully implementing the program authorized pursuant to this chapter.
9883
9984 CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program
10085
10186 CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program
10287
103-44150. For purposes of this chapter, program means the Heavy-Duty Vehicle Inspection and Maintenance Program established pursuant to Section 44152.
88+44150. (a) The state board, in consultation with the bureau and the Department of Motor Vehicles, may develop and implement 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 and operate in the state. In implementing the program, the state board may 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, particulate matter, and greenhouse gases. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems.(2) Require a motor vehicle to pass the test procedures in order to register or operate in the state.(3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(5) Develop 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 the Department of Motor Vehicles to issue annual vehicle registration notices.(6) Allow for contracting for services to administer any component of the program.(7) Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8) Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.
10489
10590
10691
107-44150. For purposes of this chapter, program means the Heavy-Duty Vehicle Inspection and Maintenance Program established pursuant to Section 44152.
92+44150. (a) The state board, in consultation with the bureau and the Department of Motor Vehicles, may develop and implement 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 and operate in the state. In implementing the program, the state board may do all of the following:
10893
109-44150.44152. (a) The 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, may develop and implement 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 and but operate in the state. on California roads. In adopting a regulation implementing the program, the state board may 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, nitrogen and particulate matter, and greenhouse gases. matter. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems. 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. history with the program.(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.(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.(5)Develop(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 the Department of Motor Vehicles to issue annual vehicle registration notices. notices to be issued.(6)Allow for contracting for services to administer any component of the program.(7)Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.(8)Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.(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.
94+(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, particulate matter, and greenhouse gases. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems.
95+
96+(2) Require a motor vehicle to pass the test procedures in order to register or operate in the state.
97+
98+(3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history.
99+
100+(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.
101+
102+(5) Develop 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 the Department of Motor Vehicles to issue annual vehicle registration notices.
103+
104+(6) Allow for contracting for services to administer any component of the program.
105+
106+(7) Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.
107+
108+(8) Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.
109+
110+44151. (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 purposes of this chapter.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature.
110111
111112
112113
113-44150.44152. (a) The 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, may develop and implement 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 and but operate in the state. on California roads. In adopting a regulation implementing the program, the state board may shall do all of the following:
114+44151. (a) The state board shall assess a fee to fund the reasonable costs of implementing the program established pursuant to this chapter.
114115
115-(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, nitrogen and particulate matter, and greenhouse gases. matter. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics systems. system data and test procedures that measure the effectiveness of the control of emissions of greenhouse gases.
116+(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 purposes of this chapter.
116117
117-(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.
118+(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature.
118119
119-(3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history. history with the program.
120-
121-(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. The validation methods may include directing a subset of vehicles for emissions testing.
122-
123-(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:
124-
125-(A) Visual inspections.
126-
127-(B) Functional inspections.
128-
129-(C) Requiring emissions testing of vehicles.
130-
131-(5)Develop
120+44152. The state board, in consultation with the bureau, the Department of Motor Vehicles, and stakeholders as part of a public process, may implement a pilot program prior to fully implementing the program authorized pursuant to this chapter.
132121
133122
134123
135-(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 the Department of Motor Vehicles to issue annual vehicle registration notices. notices to be issued.
136-
137-(6)Allow for contracting for services to administer any component of the program.
124+44152. The state board, in consultation with the bureau, the Department of Motor Vehicles, and stakeholders as part of a public process, may implement a pilot program prior to fully implementing the program authorized pursuant to this chapter.
138125
139126
140127
141-(7)Establish licensing standards for persons engaged in the business of inspection, diagnosis, and repair of heavy-duty motor vehicles.
128+
129+
130+(a)The state board shall establish a program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools consistent with the Legislatures intent that school facilities be maintained in good repair, as defined in paragraph (1) of subdivision (d) of Section 17002 of the Education Code. Eligible entities shall be limited to local educational agencies serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities, as defined in Section 1596.750, located on public school property. The program shall include, but not be limited to, funding for at least one of the following:
142131
143132
144133
145-(8)Establish a disciplinary and penalty schedule, an appeals process, and a recourse for fraud or incompetence by parties involved in motor vehicle inspections, testing, or repair.
134+(1)Installation of water bottle filling stations.
146135
147136
148137
149-(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.
150-
151-(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.
152-
153-(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:
154-
155-(A) Date issued.
156-
157-(B) Date of expiration.
158-
159-(C) Name and residence or business address or mailing address of the legal owner or registered owner.
160-
161-(D) Vehicle identification number assigned to the vehicle.
162-
163-(E) Description of the vehicle that includes the year, make, and model of the vehicle.
164-
165-(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.
166-
167-(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.
168-
169-(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.
170-
171-(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.
172-
173-(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.
174-
175-(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.
176-
177-(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.
178-
179-(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.
180-
181-44151.44154. (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 this chapter. the program.(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature. Air Pollution Control Fund.
138+(2)Installation or replacement of drinking water fountains with devices that are capable of removing contaminants that are present in the facilitys water supply.
182139
183140
184141
185-44151.44154. (a) The state board shall assess a fee to fund the reasonable costs of implementing the program established pursuant to this chapter.
186-
187-(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 this chapter. the program.
188-
189-(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Diesel Emission System Inspection and Smoke Test (DESIST) Account, which is hereby created in the TEC Fund in the State Treasury. All moneys in the account shall be available upon appropriation by the Legislature. Air Pollution Control Fund.
142+(3)Installation of point-of-entry or point-of-use treatment devices for drinking fountains, and up to three years of postinstallation replacement filters, and operation, maintenance, and monitoring of the devices, including training on how to operate and maintain the treatment devices and community outreach and education about their use.
190143
191144
192145
193-The
146+(b)The state board shall implement the program by taking actions that include, but are not necessarily limited to, the development of procedures and guidelines for the submission of grant applications and criteria for the evaluation of those applications.
194147
195148
196149
197-44156. 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, may shall implement a pilot program prior to fully implementing the program authorized pursuant to this chapter. 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 Web site.
150+(c)(1)In developing the procedure for awarding grants pursuant to this section, the state board shall do all of the following:
198151
199152
200153
201-44156. 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, may shall implement a pilot program prior to fully implementing the program authorized pursuant to this chapter. 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 Web site.
202-
203-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 lessees 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.
204-
205-SEC. 3. Section 4000.17 is added to the Vehicle Code, immediately following Section 4000.15, to read:
206-
207-### SEC. 3.
208-
209-4000.17. (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 lessees 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.
210-
211-4000.17. (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 lessees 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.
212-
213-4000.17. (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 lessees 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.
154+(A)Set requirements for grant recipients to adopt a program for inspecting and maintaining any water treatment device funded by the grant.
214155
215156
216157
217-4000.17. (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.
218-
219-(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.
220-
221-(c) Subdivision (a) does not apply to a transfer of ownership and registration under any of the following circumstances:
222-
223-(1) A motor vehicle registered to a sole proprietorship is transferred to the proprietor as owner.
224-
225-(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 lessees operator of the motor vehicle.
226-
227-(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.
228-
229-(4) An additional individual is added as a registered owner of the motor vehicle.
230-
231-(d) The State Air Resources Board shall notify the department of the motor vehicles allowed to be registered pursuant to this section.
232-
233-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.
234-
235-SEC. 4. Section 4156.5 is added to the Vehicle Code, to read:
236-
237-### SEC. 4.
238-
239-4156.5. (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.
240-
241-4156.5. (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.
242-
243-4156.5. (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.
158+(B)Establish a maximum grant amount.
244159
245160
246161
247-4156.5. (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.
248-
249-(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.
250-
251-(c) Only one temporary permit may be issued pursuant to this section for any vehicle, unless otherwise approved by the State Air Resources Board.
252-
253-(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.
254-
255-(e) (1) A fee of fifty dollars ($50) shall be paid for a temporary permit issued pursuant to this section.
256-
257-(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.
258-
259-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.
260-
261-SEC. 5. Section 24019 is added to the Vehicle Code, to read:
262-
263-### SEC. 5.
264-
265-24019. (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.
266-
267-24019. (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.
268-
269-24019. (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.
162+(C)Give priority to each of the following:
270163
271164
272165
273-24019. (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.
274-
275-(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.
276-
277-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.
278-
279-SEC. 6. Section 27153 of the Vehicle Code is amended to read:
280-
281-### SEC. 6.
282-
283-27153. 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.
284-
285-27153. 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.
286-
287-27153. 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.
166+(i)Projects for schools within, or serving pupils from, a small disadvantaged community, as defined in Section 13193.9 of the Water Code.
288167
289168
290169
291-27153. 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.
292-
293-The provisions of this section apply
170+(ii)Projects that have high effectiveness in increasing access to safe drinking water at schools.
294171
295172
296173
297-(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.
298-
299-(c) This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.
300-
301-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.
302-
303-SEC. 7. Section 27158.1 is added to the Vehicle Code, to read:
304-
305-### SEC. 7.
306-
307-27158.1. (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.
308-
309-27158.1. (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.
310-
311-27158.1. (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.
174+(iii)Projects for schools that have tested their drinking water fixtures, and the results show that the drinking water either does not meet the United States Environmental Protection Agency drinking water standards for lead or is above the maximum contaminant level for any other contaminant pursuant to Title 22 of the California Code of Regulations.
312175
313176
314177
315-27158.1. (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.
316-
317-(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.
318-
319-(c) A violation of this section shall be cited in accordance with Section 40610.
320-
321-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 his or her 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.
322-
323-SEC. 8. Section 27158.2 is added to the Vehicle Code, to read:
324-
325-### SEC. 8.
326-
327-27158.2. (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 his or her 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.
328-
329-27158.2. (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 his or her 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.
330-
331-27158.2. (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 his or her 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.
178+(2)In developing the procedure for awarding grants pursuant to this section, the state board may require applicants to commit additional resources to the project, except that the state board shall not require matching funds for local educational agencies serving small disadvantaged communities or interfere with the prioritization of grant funding to small disadvantaged communities.
332179
333180
334181
335-27158.2. (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 his or her immediate control for examination upon demand by any peace officer.
182+(d)(1)Procedures and guidelines for the program developed by the state board under this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
336183
337-(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.
338184
339-SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
340185
341-SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
186+(2)Before finalizing the procedures and guidelines for the distribution of grants pursuant to this section, the state board shall hold at least one public meeting to receive and consider public comment on the draft procedures and guidelines.
342187
343-SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
344188
345-### SEC. 9.
189+
190+(e)The state board shall provide technical assistance to applicants, including completing applications, overseeing installations, and assisting with operation and maintenance.
191+
192+
193+
194+(f)A contract entered into under the authority of this section is not subject to Section 10295 of the Public Contract Code.