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| 1 | + | Amended IN Senate March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 41Introduced by Senator GalgianiDecember 05, 2016 An act to add and repeal Section 39601.1 to of the Health and Safety Code, relating to vehicular air pollution. LEGISLATIVE COUNSEL'S DIGESTSB 41, as amended, Galgiani. State Air Resources Board: compliance: regulations.Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board has adopted a regulation to significantly reduce emissions particulate matter, oxides of nitrogen, and other criteria air pollutants from existing diesel trucks and buses operating in the state, commonly known as the Truck and Bus Regulation.This bill would require the State Air Resources Board state board, until January 1, 2023, to deem a person, as defined, to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the Truck and Bus Regulation and would prohibit the state board from requiring a person to expend further moneys to achieve compliance with, or from seeking to enforce against that person, the applicable rules and regulations, that regulation if specified conditions are met.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. Section 39601.1 is added to the Health and Safety Code, to read:39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047. the following terms have the following meanings:(1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:(A) Purchased to comply with the regulation.(B) The warranty failed during the warranty period.(C) The manufacturer is no longer in business.(2) Person has the same meaning as in Section 39047.(3) Regulation means Section 2025 of Title 13 of the California Code of Regulations, commonly known as the Truck and Bus Regulation.(b) A person who purchased equipment shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the regulation, and the state board shall not require a that person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations the regulation if all of the following occur:(1) The regulation adopted by the state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or the regulation by expending moneys on any equipment, technologies, or practices.(2) A person person, in order to comply with the regulation, in fact expends has expended moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have equipment had been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are The equipment subsequently was proved or declared by the state board to be inadequate to achieve compliance with the rule or regulation regulation.(5) The specific use and design of the vehicle subject to the regulation make it ineligible for both of the following:(A) To receive moneys pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20), Div. 1, Title 2, Gov. C.).(B) The grace period the state board made available to purchasers of other equipment.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 41Introduced by Senator GalgianiDecember 05, 2016 An act to add and repeal Section 39601.1 to of the Health and Safety Code, relating to vehicular air pollution. LEGISLATIVE COUNSEL'S DIGESTSB 41, as amended, Galgiani. State Air Resources Board: compliance: regulations.Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board has adopted a regulation to significantly reduce emissions particulate matter, oxides of nitrogen, and other criteria air pollutants from existing diesel trucks and buses operating in the state, commonly known as the Truck and Bus Regulation.This bill would require the State Air Resources Board state board, until January 1, 2023, to deem a person, as defined, to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the Truck and Bus Regulation and would prohibit the state board from requiring a person to expend further moneys to achieve compliance with, or from seeking to enforce against that person, the applicable rules and regulations, that regulation if specified conditions are met.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 15, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate March 23, 2017 | |
| 8 | 7 | Amended IN Senate March 15, 2017 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill No. 41 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Senator GalgianiDecember 05, 2016 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator Galgiani | |
| 17 | 16 | December 05, 2016 | |
| 18 | 17 | ||
| 19 | - | An act to add and repeal Section 39601.1 of the Health and Safety Code, relating to vehicular air pollution. | |
| 18 | + | An act to add and repeal Section 39601.1 to of the Health and Safety Code, relating to vehicular air pollution. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | SB 41, as amended, Galgiani. State Air Resources Board: compliance: regulations. | |
| 26 | 25 | ||
| 27 | - | Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board has adopted a regulation to significantly reduce emissions | |
| 26 | + | Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board has adopted a regulation to significantly reduce emissions particulate matter, oxides of nitrogen, and other criteria air pollutants from existing diesel trucks and buses operating in the state, commonly known as the Truck and Bus Regulation.This bill would require the State Air Resources Board state board, until January 1, 2023, to deem a person, as defined, to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the Truck and Bus Regulation and would prohibit the state board from requiring a person to expend further moneys to achieve compliance with, or from seeking to enforce against that person, the applicable rules and regulations, that regulation if specified conditions are met. | |
| 28 | 27 | ||
| 29 | - | Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board has adopted a regulation to significantly reduce emissions | |
| 28 | + | Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board has adopted a regulation to significantly reduce emissions particulate matter, oxides of nitrogen, and other criteria air pollutants from existing diesel trucks and buses operating in the state, commonly known as the Truck and Bus Regulation. | |
| 30 | 29 | ||
| 31 | - | This bill would require the state board, until January 1, 2023, to deem a person, as defined, to be in compliance with the Truck and Bus Regulation and would prohibit the state board from requiring a person to expend further moneys to achieve compliance with, or from seeking to enforce against that person, that regulation if specified conditions are met. | |
| 30 | + | This bill would require the State Air Resources Board state board, until January 1, 2023, to deem a person, as defined, to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the Truck and Bus Regulation and would prohibit the state board from requiring a person to expend further moneys to achieve compliance with, or from seeking to enforce against that person, the applicable rules and regulations, that regulation if specified conditions are met. | |
| 32 | 31 | ||
| 33 | 32 | ## Digest Key | |
| 34 | 33 | ||
| 35 | 34 | ## Bill Text | |
| 36 | 35 | ||
| 37 | - | The people of the State of California do enact as follows:SECTION 1. Section 39601.1 is added to the Health and Safety Code, to read:39601.1. (a) For purposes of this section, the following terms have the following meanings:(1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:(A) Purchased to comply with the regulation.(B) The warranty | |
| 36 | + | The people of the State of California do enact as follows:SECTION 1. Section 39601.1 is added to the Health and Safety Code, to read:39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047. the following terms have the following meanings:(1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:(A) Purchased to comply with the regulation.(B) The warranty failed during the warranty period.(C) The manufacturer is no longer in business.(2) Person has the same meaning as in Section 39047.(3) Regulation means Section 2025 of Title 13 of the California Code of Regulations, commonly known as the Truck and Bus Regulation.(b) A person who purchased equipment shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the regulation, and the state board shall not require a that person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations the regulation if all of the following occur:(1) The regulation adopted by the state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or the regulation by expending moneys on any equipment, technologies, or practices.(2) A person person, in order to comply with the regulation, in fact expends has expended moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have equipment had been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are The equipment subsequently was proved or declared by the state board to be inadequate to achieve compliance with the rule or regulation regulation.(5) The specific use and design of the vehicle subject to the regulation make it ineligible for both of the following:(A) To receive moneys pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20), Div. 1, Title 2, Gov. C.).(B) The grace period the state board made available to purchasers of other equipment.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. | |
| 38 | 37 | ||
| 39 | 38 | The people of the State of California do enact as follows: | |
| 40 | 39 | ||
| 41 | 40 | ## The people of the State of California do enact as follows: | |
| 42 | 41 | ||
| 43 | - | SECTION 1. Section 39601.1 is added to the Health and Safety Code, to read:39601.1. (a) For purposes of this section, the following terms have the following meanings:(1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:(A) Purchased to comply with the regulation.(B) The warranty | |
| 42 | + | SECTION 1. Section 39601.1 is added to the Health and Safety Code, to read:39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047. the following terms have the following meanings:(1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:(A) Purchased to comply with the regulation.(B) The warranty failed during the warranty period.(C) The manufacturer is no longer in business.(2) Person has the same meaning as in Section 39047.(3) Regulation means Section 2025 of Title 13 of the California Code of Regulations, commonly known as the Truck and Bus Regulation.(b) A person who purchased equipment shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the regulation, and the state board shall not require a that person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations the regulation if all of the following occur:(1) The regulation adopted by the state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or the regulation by expending moneys on any equipment, technologies, or practices.(2) A person person, in order to comply with the regulation, in fact expends has expended moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have equipment had been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are The equipment subsequently was proved or declared by the state board to be inadequate to achieve compliance with the rule or regulation regulation.(5) The specific use and design of the vehicle subject to the regulation make it ineligible for both of the following:(A) To receive moneys pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20), Div. 1, Title 2, Gov. C.).(B) The grace period the state board made available to purchasers of other equipment.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. | |
| 44 | 43 | ||
| 45 | 44 | SECTION 1. Section 39601.1 is added to the Health and Safety Code, to read: | |
| 46 | 45 | ||
| 47 | 46 | ### SECTION 1. | |
| 48 | 47 | ||
| 49 | - | 39601.1. (a) For purposes of this section, the following terms have the following meanings:(1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:(A) Purchased to comply with the regulation.(B) The warranty | |
| 48 | + | 39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047. the following terms have the following meanings:(1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:(A) Purchased to comply with the regulation.(B) The warranty failed during the warranty period.(C) The manufacturer is no longer in business.(2) Person has the same meaning as in Section 39047.(3) Regulation means Section 2025 of Title 13 of the California Code of Regulations, commonly known as the Truck and Bus Regulation.(b) A person who purchased equipment shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the regulation, and the state board shall not require a that person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations the regulation if all of the following occur:(1) The regulation adopted by the state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or the regulation by expending moneys on any equipment, technologies, or practices.(2) A person person, in order to comply with the regulation, in fact expends has expended moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have equipment had been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are The equipment subsequently was proved or declared by the state board to be inadequate to achieve compliance with the rule or regulation regulation.(5) The specific use and design of the vehicle subject to the regulation make it ineligible for both of the following:(A) To receive moneys pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20), Div. 1, Title 2, Gov. C.).(B) The grace period the state board made available to purchasers of other equipment.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. | |
| 50 | 49 | ||
| 51 | - | 39601.1. (a) For purposes of this section, the following terms have the following meanings:(1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:(A) Purchased to comply with the regulation.(B) The warranty | |
| 50 | + | 39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047. the following terms have the following meanings:(1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:(A) Purchased to comply with the regulation.(B) The warranty failed during the warranty period.(C) The manufacturer is no longer in business.(2) Person has the same meaning as in Section 39047.(3) Regulation means Section 2025 of Title 13 of the California Code of Regulations, commonly known as the Truck and Bus Regulation.(b) A person who purchased equipment shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the regulation, and the state board shall not require a that person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations the regulation if all of the following occur:(1) The regulation adopted by the state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or the regulation by expending moneys on any equipment, technologies, or practices.(2) A person person, in order to comply with the regulation, in fact expends has expended moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have equipment had been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are The equipment subsequently was proved or declared by the state board to be inadequate to achieve compliance with the rule or regulation regulation.(5) The specific use and design of the vehicle subject to the regulation make it ineligible for both of the following:(A) To receive moneys pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20), Div. 1, Title 2, Gov. C.).(B) The grace period the state board made available to purchasers of other equipment.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. | |
| 52 | 51 | ||
| 53 | - | 39601.1. (a) For purposes of this section, the following terms have the following meanings:(1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:(A) Purchased to comply with the regulation.(B) The warranty | |
| 52 | + | 39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047. the following terms have the following meanings:(1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria:(A) Purchased to comply with the regulation.(B) The warranty failed during the warranty period.(C) The manufacturer is no longer in business.(2) Person has the same meaning as in Section 39047.(3) Regulation means Section 2025 of Title 13 of the California Code of Regulations, commonly known as the Truck and Bus Regulation.(b) A person who purchased equipment shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the regulation, and the state board shall not require a that person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations the regulation if all of the following occur:(1) The regulation adopted by the state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or the regulation by expending moneys on any equipment, technologies, or practices.(2) A person person, in order to comply with the regulation, in fact expends has expended moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have equipment had been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are The equipment subsequently was proved or declared by the state board to be inadequate to achieve compliance with the rule or regulation regulation.(5) The specific use and design of the vehicle subject to the regulation make it ineligible for both of the following:(A) To receive moneys pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20), Div. 1, Title 2, Gov. C.).(B) The grace period the state board made available to purchasers of other equipment.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. | |
| 54 | 53 | ||
| 55 | 54 | ||
| 56 | 55 | ||
| 57 | - | 39601.1. (a) For purposes of this section, the following terms have the following meanings: | |
| 56 | + | 39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047. the following terms have the following meanings: | |
| 58 | 57 | ||
| 59 | 58 | (1) Equipment means a Cleaire LongMile diesel particulate matter filter that meets all of the following criteria: | |
| 60 | 59 | ||
| 61 | 60 | (A) Purchased to comply with the regulation. | |
| 62 | 61 | ||
| 63 | - | (B) The warranty | |
| 62 | + | (B) The warranty failed during the warranty period. | |
| 64 | 63 | ||
| 65 | 64 | (C) The manufacturer is no longer in business. | |
| 66 | 65 | ||
| 67 | 66 | (2) Person has the same meaning as in Section 39047. | |
| 68 | 67 | ||
| 69 | 68 | (3) Regulation means Section 2025 of Title 13 of the California Code of Regulations, commonly known as the Truck and Bus Regulation. | |
| 70 | 69 | ||
| 71 | - | (b) A person who purchased equipment shall be deemed to be in compliance with the regulation, and the state board shall not require that person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the regulation if all of the following occur: | |
| 70 | + | (b) A person who purchased equipment shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the regulation, and the state board shall not require a that person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations the regulation if all of the following occur: | |
| 72 | 71 | ||
| 73 | - | (1) The regulation adopted by the state board requires a person to comply with the regulation by expending moneys on any equipment, technologies, or practices. | |
| 72 | + | (1) The regulation adopted by the state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or the regulation by expending moneys on any equipment, technologies, or practices. | |
| 74 | 73 | ||
| 75 | - | (2) A person, in order to comply with the regulation, in fact has expended moneys on equipment, including as part of any early compliance program provided for in the regulation. | |
| 74 | + | (2) A person person, in order to comply with the regulation, in fact expends has expended moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation. | |
| 76 | 75 | ||
| 77 | - | (3) The equipment had been approved by a state board verification or certification program, process, or procedure at the time of the expenditure. | |
| 76 | + | (3) The equipment, technologies, or practices have equipment had been approved by a state board verification or certification program, process, or procedure at the time of the expenditure. | |
| 78 | 77 | ||
| 79 | - | (4) The equipment subsequently was proved or declared by the state board to be inadequate to achieve compliance with the regulation. | |
| 78 | + | (4) The equipment, technologies, or practices subsequently prove or are The equipment subsequently was proved or declared by the state board to be inadequate to achieve compliance with the rule or regulation regulation. | |
| 80 | 79 | ||
| 81 | - | (5) The specific use and design of the vehicle subject to the regulation make it ineligible for both of the following: | |
| 80 | + | (5) The specific use and design of the vehicle subject to the regulation make it ineligible for both of the following: | |
| 82 | 81 | ||
| 83 | 82 | (A) To receive moneys pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20), Div. 1, Title 2, Gov. C.). | |
| 84 | 83 | ||
| 85 | - | ||
| 86 | - | ||
| 87 | 84 | (B) The grace period the state board made available to purchasers of other equipment. | |
| 88 | - | ||
| 89 | - | ||
| 90 | 85 | ||
| 91 | 86 | (c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. |