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California Assembly Bill AB2188

California 2023-2024 Regular Session

California Assembly Bill AB2188 Compare Versions

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11 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2188Introduced by Assembly Member TaFebruary 07, 2024 An act to amend Section 27156 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 2188, as introduced, Ta. Vehicles: pollution control devices. Existing law prohibits a person from installing, selling, offering for sale, or advertising any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system. A violation of this provision is a crime.This bill would create an exception to this prohibition for a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency, 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. Section 27156 of the Vehicle Code is amended to read:27156. (a) No A person shall not operate or leave standing upon a highway a motor vehicle that is a gross polluter, as defined in Section 39032.5 of the Health and Safety Code.(b) No A person shall not operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. Secs. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No A person shall not disconnect, modify, or alter any such required device.(c) No (1) A person shall not install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.(2) This subdivision does not apply to the installation, sale, offering for sale, or advertisement of a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency.(d) If the court finds that a person has willfully violated this section, the court shall impose the maximum fine that may be imposed in the case, and no part of the fine may be suspended.(e) Willfully, as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code.(f) No A person shall not operate a vehicle after notice by a traffic officer that the vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device.(g) The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150 or proof of exemption pursuant to Section 4000.1 or 4000.2.(h) This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following:(1) Not to reduce the effectiveness of a required motor vehicle pollution control device.(2) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted.(i) Aftermarket and performance parts with valid State Air Resources Board Executive Orders may be sold and installed concurrent with a motorcycles transfer to an ultimate purchaser.(j) This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.
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33 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2188Introduced by Assembly Member TaFebruary 07, 2024 An act to amend Section 27156 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 2188, as introduced, Ta. Vehicles: pollution control devices. Existing law prohibits a person from installing, selling, offering for sale, or advertising any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system. A violation of this provision is a crime.This bill would create an exception to this prohibition for a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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99 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1010
1111 Assembly Bill
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1313 No. 2188
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1515 Introduced by Assembly Member TaFebruary 07, 2024
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1717 Introduced by Assembly Member Ta
1818 February 07, 2024
1919
2020 An act to amend Section 27156 of the Vehicle Code, relating to vehicles.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 2188, as introduced, Ta. Vehicles: pollution control devices.
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2828 Existing law prohibits a person from installing, selling, offering for sale, or advertising any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system. A violation of this provision is a crime.This bill would create an exception to this prohibition for a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency, as specified.
2929
3030 Existing law prohibits a person from installing, selling, offering for sale, or advertising any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system. A violation of this provision is a crime.
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3232 This bill would create an exception to this prohibition for a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency, as specified.
3333
3434 ## Digest Key
3535
3636 ## Bill Text
3737
3838 The people of the State of California do enact as follows:SECTION 1. Section 27156 of the Vehicle Code is amended to read:27156. (a) No A person shall not operate or leave standing upon a highway a motor vehicle that is a gross polluter, as defined in Section 39032.5 of the Health and Safety Code.(b) No A person shall not operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. Secs. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No A person shall not disconnect, modify, or alter any such required device.(c) No (1) A person shall not install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.(2) This subdivision does not apply to the installation, sale, offering for sale, or advertisement of a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency.(d) If the court finds that a person has willfully violated this section, the court shall impose the maximum fine that may be imposed in the case, and no part of the fine may be suspended.(e) Willfully, as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code.(f) No A person shall not operate a vehicle after notice by a traffic officer that the vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device.(g) The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150 or proof of exemption pursuant to Section 4000.1 or 4000.2.(h) This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following:(1) Not to reduce the effectiveness of a required motor vehicle pollution control device.(2) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted.(i) Aftermarket and performance parts with valid State Air Resources Board Executive Orders may be sold and installed concurrent with a motorcycles transfer to an ultimate purchaser.(j) This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.
3939
4040 The people of the State of California do enact as follows:
4141
4242 ## The people of the State of California do enact as follows:
4343
4444 SECTION 1. Section 27156 of the Vehicle Code is amended to read:27156. (a) No A person shall not operate or leave standing upon a highway a motor vehicle that is a gross polluter, as defined in Section 39032.5 of the Health and Safety Code.(b) No A person shall not operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. Secs. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No A person shall not disconnect, modify, or alter any such required device.(c) No (1) A person shall not install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.(2) This subdivision does not apply to the installation, sale, offering for sale, or advertisement of a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency.(d) If the court finds that a person has willfully violated this section, the court shall impose the maximum fine that may be imposed in the case, and no part of the fine may be suspended.(e) Willfully, as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code.(f) No A person shall not operate a vehicle after notice by a traffic officer that the vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device.(g) The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150 or proof of exemption pursuant to Section 4000.1 or 4000.2.(h) This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following:(1) Not to reduce the effectiveness of a required motor vehicle pollution control device.(2) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted.(i) Aftermarket and performance parts with valid State Air Resources Board Executive Orders may be sold and installed concurrent with a motorcycles transfer to an ultimate purchaser.(j) This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.
4545
4646 SECTION 1. Section 27156 of the Vehicle Code is amended to read:
4747
4848 ### SECTION 1.
4949
5050 27156. (a) No A person shall not operate or leave standing upon a highway a motor vehicle that is a gross polluter, as defined in Section 39032.5 of the Health and Safety Code.(b) No A person shall not operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. Secs. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No A person shall not disconnect, modify, or alter any such required device.(c) No (1) A person shall not install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.(2) This subdivision does not apply to the installation, sale, offering for sale, or advertisement of a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency.(d) If the court finds that a person has willfully violated this section, the court shall impose the maximum fine that may be imposed in the case, and no part of the fine may be suspended.(e) Willfully, as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code.(f) No A person shall not operate a vehicle after notice by a traffic officer that the vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device.(g) The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150 or proof of exemption pursuant to Section 4000.1 or 4000.2.(h) This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following:(1) Not to reduce the effectiveness of a required motor vehicle pollution control device.(2) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted.(i) Aftermarket and performance parts with valid State Air Resources Board Executive Orders may be sold and installed concurrent with a motorcycles transfer to an ultimate purchaser.(j) This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.
5151
5252 27156. (a) No A person shall not operate or leave standing upon a highway a motor vehicle that is a gross polluter, as defined in Section 39032.5 of the Health and Safety Code.(b) No A person shall not operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. Secs. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No A person shall not disconnect, modify, or alter any such required device.(c) No (1) A person shall not install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.(2) This subdivision does not apply to the installation, sale, offering for sale, or advertisement of a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency.(d) If the court finds that a person has willfully violated this section, the court shall impose the maximum fine that may be imposed in the case, and no part of the fine may be suspended.(e) Willfully, as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code.(f) No A person shall not operate a vehicle after notice by a traffic officer that the vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device.(g) The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150 or proof of exemption pursuant to Section 4000.1 or 4000.2.(h) This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following:(1) Not to reduce the effectiveness of a required motor vehicle pollution control device.(2) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted.(i) Aftermarket and performance parts with valid State Air Resources Board Executive Orders may be sold and installed concurrent with a motorcycles transfer to an ultimate purchaser.(j) This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.
5353
5454 27156. (a) No A person shall not operate or leave standing upon a highway a motor vehicle that is a gross polluter, as defined in Section 39032.5 of the Health and Safety Code.(b) No A person shall not operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. Secs. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No A person shall not disconnect, modify, or alter any such required device.(c) No (1) A person shall not install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.(2) This subdivision does not apply to the installation, sale, offering for sale, or advertisement of a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency.(d) If the court finds that a person has willfully violated this section, the court shall impose the maximum fine that may be imposed in the case, and no part of the fine may be suspended.(e) Willfully, as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code.(f) No A person shall not operate a vehicle after notice by a traffic officer that the vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device.(g) The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150 or proof of exemption pursuant to Section 4000.1 or 4000.2.(h) This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following:(1) Not to reduce the effectiveness of a required motor vehicle pollution control device.(2) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted.(i) Aftermarket and performance parts with valid State Air Resources Board Executive Orders may be sold and installed concurrent with a motorcycles transfer to an ultimate purchaser.(j) This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.
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5757
5858 27156. (a) No A person shall not operate or leave standing upon a highway a motor vehicle that is a gross polluter, as defined in Section 39032.5 of the Health and Safety Code.
5959
6060 (b) No A person shall not operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. Secs. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No A person shall not disconnect, modify, or alter any such required device.
6161
6262 (c) No (1) A person shall not install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.
6363
6464 (2) This subdivision does not apply to the installation, sale, offering for sale, or advertisement of a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency.
6565
6666 (d) If the court finds that a person has willfully violated this section, the court shall impose the maximum fine that may be imposed in the case, and no part of the fine may be suspended.
6767
6868 (e) Willfully, as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code.
6969
7070 (f) No A person shall not operate a vehicle after notice by a traffic officer that the vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device.
7171
7272 (g) The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150 or proof of exemption pursuant to Section 4000.1 or 4000.2.
7373
7474 (h) This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following:
7575
7676 (1) Not to reduce the effectiveness of a required motor vehicle pollution control device.
7777
7878 (2) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted.
7979
8080 (i) Aftermarket and performance parts with valid State Air Resources Board Executive Orders may be sold and installed concurrent with a motorcycles transfer to an ultimate purchaser.
8181
8282 (j) This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.