California 2017-2018 Regular Session

California Senate Bill SB638 Compare Versions

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11 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 638Introduced by Senator LeyvaFebruary 17, 2017 An act to amend Section 43701 of the Health and Safety Code, relating to vehicular air pollution. LEGISLATIVE COUNSEL'S DIGESTSB 638, as introduced, Leyva. Heavy-duty motor vehicles.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 delete the references and requirements pertaining to excessive emissions of smoke by heavy-duty diesel vehicles. The bill would instead require the state board, by an unspecified date, to adopt regulations that require owners or operators of heavy duty motor vehicles used for commercial purposes to perform regular inspections of their vehicles for compliance with emission standards of the state board. The bill would require a fleet, as defined, of these vehicles to comply with the state boards emission standards in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.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 43701 of the Health and Safety Code is amended to read:43701. (a) (1) Not later than July 15, 1992, ____, the state board, in consultation with the bureau and the review committee established pursuant to subdivision (a) of Section 44021, board shall, after a public hearing, adopt regulations that require that owners or operators of heavy-duty diesel motor vehicles used for commercial purposes to perform regular inspections of their vehicles for excessive emissions of smoke. compliance with emission standards of the state board. The inspection procedure, the frequency of inspections, the emission standards for smoke, standards, and the actions the vehicle owner or operator is required to take to remedy excessive smoke emissions noncompliance shall be specified by the state board. Those standards shall be developed in consultation with interested parties. The smoke standards adopted under this subdivision shall not be more stringent than those adopted under Chapter 5 (commencing with Section 44000).(2) (A) On or before December 31 of each year, a A fleet shall comply with the regulations and state boards emission standards for that calendar year. in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.(B) For purposes of this paragraph, fleet means any group of two one or more heavy-duty diesel-fueled motor vehicles used for commercial purposes that are owned or operated by the same person.(b) Not later than December 15, 1993, the state board shall, in consultation with the State Energy Resources Conservation and Development Commission, and after a public hearing, adopt regulations that require that heavy-duty diesel motor vehicles subject to subdivision (a) utilize emission control equipment and alternative fuels. The state board shall consider, but not be limited to, the use of cleaner burning diesel fuel, or other methods that will reduce gaseous and smoke emissions to the greatest extent feasible, taking into consideration the cost of compliance. The regulations shall provide that any significant modification of the engine necessary to meet these requirements shall be made during a regularly scheduled major maintenance or overhaul of the vehicles engine. If the state board requires the use of alternative fuels, it shall do so only to the extent those fuels are available.(c) The state board shall adopt emissions standards and procedures for the qualification of any equipment used to meet the requirements of subdivision (b), and only qualified equipment shall be used.(d) To the extent permissible under federal law, commencing January 1, 2006, the owner or operator of any commercial motor truck, as defined in Section 410 of the Vehicle Code, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds that enters the state for the purposes of operating in the state shall maintain, and provide upon demand to enforcement authorities, evidence demonstrating that its engine met the federal emission standards applicable to commercial heavy-duty engines for that engines model-year at the time it was manufactured, pursuant to the protocol and regulations developed and implemented pursuant to subdivision (e).(e) The state board, not later than January 1, 2006, in consultation with the Department of the California Highway Patrol, shall develop, adopt, and implement regulations establishing an inspection protocol for determining whether the engine of a truck subject to the requirements of subdivision (d) met the federal emission standard applicable to heavy-duty engines for that engines model-year at the time it was manufactured.
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33 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 638Introduced by Senator LeyvaFebruary 17, 2017 An act to amend Section 43701 of the Health and Safety Code, relating to vehicular air pollution. LEGISLATIVE COUNSEL'S DIGESTSB 638, as introduced, Leyva. Heavy-duty motor vehicles.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 delete the references and requirements pertaining to excessive emissions of smoke by heavy-duty diesel vehicles. The bill would instead require the state board, by an unspecified date, to adopt regulations that require owners or operators of heavy duty motor vehicles used for commercial purposes to perform regular inspections of their vehicles for compliance with emission standards of the state board. The bill would require a fleet, as defined, of these vehicles to comply with the state boards emission standards in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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99 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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1111 Senate Bill No. 638
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1313 Introduced by Senator LeyvaFebruary 17, 2017
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1515 Introduced by Senator Leyva
1616 February 17, 2017
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1818 An act to amend Section 43701 of the Health and Safety Code, relating to vehicular air pollution.
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2020 LEGISLATIVE COUNSEL'S DIGEST
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2222 ## LEGISLATIVE COUNSEL'S DIGEST
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2424 SB 638, as introduced, Leyva. Heavy-duty motor vehicles.
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2626 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 delete the references and requirements pertaining to excessive emissions of smoke by heavy-duty diesel vehicles. The bill would instead require the state board, by an unspecified date, to adopt regulations that require owners or operators of heavy duty motor vehicles used for commercial purposes to perform regular inspections of their vehicles for compliance with emission standards of the state board. The bill would require a fleet, as defined, of these vehicles to comply with the state boards emission standards in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.
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2828 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.
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3030 This bill would delete the references and requirements pertaining to excessive emissions of smoke by heavy-duty diesel vehicles. The bill would instead require the state board, by an unspecified date, to adopt regulations that require owners or operators of heavy duty motor vehicles used for commercial purposes to perform regular inspections of their vehicles for compliance with emission standards of the state board. The bill would require a fleet, as defined, of these vehicles to comply with the state boards emission standards in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.
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3232 ## Digest Key
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3434 ## Bill Text
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3636 The people of the State of California do enact as follows:SECTION 1. Section 43701 of the Health and Safety Code is amended to read:43701. (a) (1) Not later than July 15, 1992, ____, the state board, in consultation with the bureau and the review committee established pursuant to subdivision (a) of Section 44021, board shall, after a public hearing, adopt regulations that require that owners or operators of heavy-duty diesel motor vehicles used for commercial purposes to perform regular inspections of their vehicles for excessive emissions of smoke. compliance with emission standards of the state board. The inspection procedure, the frequency of inspections, the emission standards for smoke, standards, and the actions the vehicle owner or operator is required to take to remedy excessive smoke emissions noncompliance shall be specified by the state board. Those standards shall be developed in consultation with interested parties. The smoke standards adopted under this subdivision shall not be more stringent than those adopted under Chapter 5 (commencing with Section 44000).(2) (A) On or before December 31 of each year, a A fleet shall comply with the regulations and state boards emission standards for that calendar year. in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.(B) For purposes of this paragraph, fleet means any group of two one or more heavy-duty diesel-fueled motor vehicles used for commercial purposes that are owned or operated by the same person.(b) Not later than December 15, 1993, the state board shall, in consultation with the State Energy Resources Conservation and Development Commission, and after a public hearing, adopt regulations that require that heavy-duty diesel motor vehicles subject to subdivision (a) utilize emission control equipment and alternative fuels. The state board shall consider, but not be limited to, the use of cleaner burning diesel fuel, or other methods that will reduce gaseous and smoke emissions to the greatest extent feasible, taking into consideration the cost of compliance. The regulations shall provide that any significant modification of the engine necessary to meet these requirements shall be made during a regularly scheduled major maintenance or overhaul of the vehicles engine. If the state board requires the use of alternative fuels, it shall do so only to the extent those fuels are available.(c) The state board shall adopt emissions standards and procedures for the qualification of any equipment used to meet the requirements of subdivision (b), and only qualified equipment shall be used.(d) To the extent permissible under federal law, commencing January 1, 2006, the owner or operator of any commercial motor truck, as defined in Section 410 of the Vehicle Code, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds that enters the state for the purposes of operating in the state shall maintain, and provide upon demand to enforcement authorities, evidence demonstrating that its engine met the federal emission standards applicable to commercial heavy-duty engines for that engines model-year at the time it was manufactured, pursuant to the protocol and regulations developed and implemented pursuant to subdivision (e).(e) The state board, not later than January 1, 2006, in consultation with the Department of the California Highway Patrol, shall develop, adopt, and implement regulations establishing an inspection protocol for determining whether the engine of a truck subject to the requirements of subdivision (d) met the federal emission standard applicable to heavy-duty engines for that engines model-year at the time it was manufactured.
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3838 The people of the State of California do enact as follows:
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4040 ## The people of the State of California do enact as follows:
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4242 SECTION 1. Section 43701 of the Health and Safety Code is amended to read:43701. (a) (1) Not later than July 15, 1992, ____, the state board, in consultation with the bureau and the review committee established pursuant to subdivision (a) of Section 44021, board shall, after a public hearing, adopt regulations that require that owners or operators of heavy-duty diesel motor vehicles used for commercial purposes to perform regular inspections of their vehicles for excessive emissions of smoke. compliance with emission standards of the state board. The inspection procedure, the frequency of inspections, the emission standards for smoke, standards, and the actions the vehicle owner or operator is required to take to remedy excessive smoke emissions noncompliance shall be specified by the state board. Those standards shall be developed in consultation with interested parties. The smoke standards adopted under this subdivision shall not be more stringent than those adopted under Chapter 5 (commencing with Section 44000).(2) (A) On or before December 31 of each year, a A fleet shall comply with the regulations and state boards emission standards for that calendar year. in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.(B) For purposes of this paragraph, fleet means any group of two one or more heavy-duty diesel-fueled motor vehicles used for commercial purposes that are owned or operated by the same person.(b) Not later than December 15, 1993, the state board shall, in consultation with the State Energy Resources Conservation and Development Commission, and after a public hearing, adopt regulations that require that heavy-duty diesel motor vehicles subject to subdivision (a) utilize emission control equipment and alternative fuels. The state board shall consider, but not be limited to, the use of cleaner burning diesel fuel, or other methods that will reduce gaseous and smoke emissions to the greatest extent feasible, taking into consideration the cost of compliance. The regulations shall provide that any significant modification of the engine necessary to meet these requirements shall be made during a regularly scheduled major maintenance or overhaul of the vehicles engine. If the state board requires the use of alternative fuels, it shall do so only to the extent those fuels are available.(c) The state board shall adopt emissions standards and procedures for the qualification of any equipment used to meet the requirements of subdivision (b), and only qualified equipment shall be used.(d) To the extent permissible under federal law, commencing January 1, 2006, the owner or operator of any commercial motor truck, as defined in Section 410 of the Vehicle Code, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds that enters the state for the purposes of operating in the state shall maintain, and provide upon demand to enforcement authorities, evidence demonstrating that its engine met the federal emission standards applicable to commercial heavy-duty engines for that engines model-year at the time it was manufactured, pursuant to the protocol and regulations developed and implemented pursuant to subdivision (e).(e) The state board, not later than January 1, 2006, in consultation with the Department of the California Highway Patrol, shall develop, adopt, and implement regulations establishing an inspection protocol for determining whether the engine of a truck subject to the requirements of subdivision (d) met the federal emission standard applicable to heavy-duty engines for that engines model-year at the time it was manufactured.
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4444 SECTION 1. Section 43701 of the Health and Safety Code is amended to read:
4545
4646 ### SECTION 1.
4747
4848 43701. (a) (1) Not later than July 15, 1992, ____, the state board, in consultation with the bureau and the review committee established pursuant to subdivision (a) of Section 44021, board shall, after a public hearing, adopt regulations that require that owners or operators of heavy-duty diesel motor vehicles used for commercial purposes to perform regular inspections of their vehicles for excessive emissions of smoke. compliance with emission standards of the state board. The inspection procedure, the frequency of inspections, the emission standards for smoke, standards, and the actions the vehicle owner or operator is required to take to remedy excessive smoke emissions noncompliance shall be specified by the state board. Those standards shall be developed in consultation with interested parties. The smoke standards adopted under this subdivision shall not be more stringent than those adopted under Chapter 5 (commencing with Section 44000).(2) (A) On or before December 31 of each year, a A fleet shall comply with the regulations and state boards emission standards for that calendar year. in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.(B) For purposes of this paragraph, fleet means any group of two one or more heavy-duty diesel-fueled motor vehicles used for commercial purposes that are owned or operated by the same person.(b) Not later than December 15, 1993, the state board shall, in consultation with the State Energy Resources Conservation and Development Commission, and after a public hearing, adopt regulations that require that heavy-duty diesel motor vehicles subject to subdivision (a) utilize emission control equipment and alternative fuels. The state board shall consider, but not be limited to, the use of cleaner burning diesel fuel, or other methods that will reduce gaseous and smoke emissions to the greatest extent feasible, taking into consideration the cost of compliance. The regulations shall provide that any significant modification of the engine necessary to meet these requirements shall be made during a regularly scheduled major maintenance or overhaul of the vehicles engine. If the state board requires the use of alternative fuels, it shall do so only to the extent those fuels are available.(c) The state board shall adopt emissions standards and procedures for the qualification of any equipment used to meet the requirements of subdivision (b), and only qualified equipment shall be used.(d) To the extent permissible under federal law, commencing January 1, 2006, the owner or operator of any commercial motor truck, as defined in Section 410 of the Vehicle Code, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds that enters the state for the purposes of operating in the state shall maintain, and provide upon demand to enforcement authorities, evidence demonstrating that its engine met the federal emission standards applicable to commercial heavy-duty engines for that engines model-year at the time it was manufactured, pursuant to the protocol and regulations developed and implemented pursuant to subdivision (e).(e) The state board, not later than January 1, 2006, in consultation with the Department of the California Highway Patrol, shall develop, adopt, and implement regulations establishing an inspection protocol for determining whether the engine of a truck subject to the requirements of subdivision (d) met the federal emission standard applicable to heavy-duty engines for that engines model-year at the time it was manufactured.
4949
5050 43701. (a) (1) Not later than July 15, 1992, ____, the state board, in consultation with the bureau and the review committee established pursuant to subdivision (a) of Section 44021, board shall, after a public hearing, adopt regulations that require that owners or operators of heavy-duty diesel motor vehicles used for commercial purposes to perform regular inspections of their vehicles for excessive emissions of smoke. compliance with emission standards of the state board. The inspection procedure, the frequency of inspections, the emission standards for smoke, standards, and the actions the vehicle owner or operator is required to take to remedy excessive smoke emissions noncompliance shall be specified by the state board. Those standards shall be developed in consultation with interested parties. The smoke standards adopted under this subdivision shall not be more stringent than those adopted under Chapter 5 (commencing with Section 44000).(2) (A) On or before December 31 of each year, a A fleet shall comply with the regulations and state boards emission standards for that calendar year. in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.(B) For purposes of this paragraph, fleet means any group of two one or more heavy-duty diesel-fueled motor vehicles used for commercial purposes that are owned or operated by the same person.(b) Not later than December 15, 1993, the state board shall, in consultation with the State Energy Resources Conservation and Development Commission, and after a public hearing, adopt regulations that require that heavy-duty diesel motor vehicles subject to subdivision (a) utilize emission control equipment and alternative fuels. The state board shall consider, but not be limited to, the use of cleaner burning diesel fuel, or other methods that will reduce gaseous and smoke emissions to the greatest extent feasible, taking into consideration the cost of compliance. The regulations shall provide that any significant modification of the engine necessary to meet these requirements shall be made during a regularly scheduled major maintenance or overhaul of the vehicles engine. If the state board requires the use of alternative fuels, it shall do so only to the extent those fuels are available.(c) The state board shall adopt emissions standards and procedures for the qualification of any equipment used to meet the requirements of subdivision (b), and only qualified equipment shall be used.(d) To the extent permissible under federal law, commencing January 1, 2006, the owner or operator of any commercial motor truck, as defined in Section 410 of the Vehicle Code, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds that enters the state for the purposes of operating in the state shall maintain, and provide upon demand to enforcement authorities, evidence demonstrating that its engine met the federal emission standards applicable to commercial heavy-duty engines for that engines model-year at the time it was manufactured, pursuant to the protocol and regulations developed and implemented pursuant to subdivision (e).(e) The state board, not later than January 1, 2006, in consultation with the Department of the California Highway Patrol, shall develop, adopt, and implement regulations establishing an inspection protocol for determining whether the engine of a truck subject to the requirements of subdivision (d) met the federal emission standard applicable to heavy-duty engines for that engines model-year at the time it was manufactured.
5151
5252 43701. (a) (1) Not later than July 15, 1992, ____, the state board, in consultation with the bureau and the review committee established pursuant to subdivision (a) of Section 44021, board shall, after a public hearing, adopt regulations that require that owners or operators of heavy-duty diesel motor vehicles used for commercial purposes to perform regular inspections of their vehicles for excessive emissions of smoke. compliance with emission standards of the state board. The inspection procedure, the frequency of inspections, the emission standards for smoke, standards, and the actions the vehicle owner or operator is required to take to remedy excessive smoke emissions noncompliance shall be specified by the state board. Those standards shall be developed in consultation with interested parties. The smoke standards adopted under this subdivision shall not be more stringent than those adopted under Chapter 5 (commencing with Section 44000).(2) (A) On or before December 31 of each year, a A fleet shall comply with the regulations and state boards emission standards for that calendar year. in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.(B) For purposes of this paragraph, fleet means any group of two one or more heavy-duty diesel-fueled motor vehicles used for commercial purposes that are owned or operated by the same person.(b) Not later than December 15, 1993, the state board shall, in consultation with the State Energy Resources Conservation and Development Commission, and after a public hearing, adopt regulations that require that heavy-duty diesel motor vehicles subject to subdivision (a) utilize emission control equipment and alternative fuels. The state board shall consider, but not be limited to, the use of cleaner burning diesel fuel, or other methods that will reduce gaseous and smoke emissions to the greatest extent feasible, taking into consideration the cost of compliance. The regulations shall provide that any significant modification of the engine necessary to meet these requirements shall be made during a regularly scheduled major maintenance or overhaul of the vehicles engine. If the state board requires the use of alternative fuels, it shall do so only to the extent those fuels are available.(c) The state board shall adopt emissions standards and procedures for the qualification of any equipment used to meet the requirements of subdivision (b), and only qualified equipment shall be used.(d) To the extent permissible under federal law, commencing January 1, 2006, the owner or operator of any commercial motor truck, as defined in Section 410 of the Vehicle Code, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds that enters the state for the purposes of operating in the state shall maintain, and provide upon demand to enforcement authorities, evidence demonstrating that its engine met the federal emission standards applicable to commercial heavy-duty engines for that engines model-year at the time it was manufactured, pursuant to the protocol and regulations developed and implemented pursuant to subdivision (e).(e) The state board, not later than January 1, 2006, in consultation with the Department of the California Highway Patrol, shall develop, adopt, and implement regulations establishing an inspection protocol for determining whether the engine of a truck subject to the requirements of subdivision (d) met the federal emission standard applicable to heavy-duty engines for that engines model-year at the time it was manufactured.
5353
5454
5555
5656 43701. (a) (1) Not later than July 15, 1992, ____, the state board, in consultation with the bureau and the review committee established pursuant to subdivision (a) of Section 44021, board shall, after a public hearing, adopt regulations that require that owners or operators of heavy-duty diesel motor vehicles used for commercial purposes to perform regular inspections of their vehicles for excessive emissions of smoke. compliance with emission standards of the state board. The inspection procedure, the frequency of inspections, the emission standards for smoke, standards, and the actions the vehicle owner or operator is required to take to remedy excessive smoke emissions noncompliance shall be specified by the state board. Those standards shall be developed in consultation with interested parties. The smoke standards adopted under this subdivision shall not be more stringent than those adopted under Chapter 5 (commencing with Section 44000).
5757
5858 (2) (A) On or before December 31 of each year, a A fleet shall comply with the regulations and state boards emission standards for that calendar year. in order for any vehicle of the fleet to be registered by the Department of Motor Vehicles.
5959
6060 (B) For purposes of this paragraph, fleet means any group of two one or more heavy-duty diesel-fueled motor vehicles used for commercial purposes that are owned or operated by the same person.
6161
6262 (b) Not later than December 15, 1993, the state board shall, in consultation with the State Energy Resources Conservation and Development Commission, and after a public hearing, adopt regulations that require that heavy-duty diesel motor vehicles subject to subdivision (a) utilize emission control equipment and alternative fuels. The state board shall consider, but not be limited to, the use of cleaner burning diesel fuel, or other methods that will reduce gaseous and smoke emissions to the greatest extent feasible, taking into consideration the cost of compliance. The regulations shall provide that any significant modification of the engine necessary to meet these requirements shall be made during a regularly scheduled major maintenance or overhaul of the vehicles engine. If the state board requires the use of alternative fuels, it shall do so only to the extent those fuels are available.
6363
6464 (c) The state board shall adopt emissions standards and procedures for the qualification of any equipment used to meet the requirements of subdivision (b), and only qualified equipment shall be used.
6565
6666 (d) To the extent permissible under federal law, commencing January 1, 2006, the owner or operator of any commercial motor truck, as defined in Section 410 of the Vehicle Code, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds that enters the state for the purposes of operating in the state shall maintain, and provide upon demand to enforcement authorities, evidence demonstrating that its engine met the federal emission standards applicable to commercial heavy-duty engines for that engines model-year at the time it was manufactured, pursuant to the protocol and regulations developed and implemented pursuant to subdivision (e).
6767
6868 (e) The state board, not later than January 1, 2006, in consultation with the Department of the California Highway Patrol, shall develop, adopt, and implement regulations establishing an inspection protocol for determining whether the engine of a truck subject to the requirements of subdivision (d) met the federal emission standard applicable to heavy-duty engines for that engines model-year at the time it was manufactured.