43100. The state board may certify new motor vehicles and new motor
vehicle engines pursuant to this article.
43101. (a) The state board shall adopt and implement emission
standards for new motor vehicles for the control of emissions from
new motor vehicles that the state board finds to be necessary and
technologically feasible to carry out the purposes of this division.
Before adopting these standards, the state board shall consider the
impact of these standards on the economy of the state, including, but
not limited to, their effect on motor vehicle fuel efficiency.
(b) The standards adopted pursuant to this section may be
applicable to motor vehicle engines, rather than to motor vehicles.
43101.5. The emission standards adopted by the state board pursuant
to Section 43101 for the 1983 and later model-year motor vehicles
shall be limited by the following:
(a) For all gasoline-powered passenger vehicles prior to the 1986
model year, the state board shall not adopt primary standards for the
emission of oxides of nitrogen which are more stringent than 0.7
grams per vehicle mile, unless the state board by regulation also
provides for optional standards which are not more stringent, with
respect to each constituent, than 0.39 grams per vehicle mile for
nonmethane hydrocarbon, 7.0 grams per vehicle mile for carbon
monoxide, and 0.7 grams per vehicle mile for oxides of nitrogen. For
gasoline-powered light-duty vehicles and medium-duty vehicles prior
to the 1986 model year of less than 4,000 pounds unladen weight, the
state board shall not adopt primary standards for the emission of
oxides of nitrogen which are more stringent than 1.0 gram per vehicle
mile, unless the state board by regulation also provides for
optional standards which are not more stringent, with respect to each
constituent, than 0.39 grams per vehicle mile for nonmethane
hydrocarbon, 9.0 grams per vehicle mile for carbon monoxide, and 1.0
gram per vehicle mile for oxides of nitrogen. Any option may not
impose certification, warranty, or enforcement requirements of
greater duration or stringency than those set forth in the
regulations applicable to 1983 and later model years, as adopted or
amended by the state board on May 20, 1981.
(b) If the state board intends by regulation to eliminate for 1986
and later model-year vehicles the optional standards specified in
subdivision (a), the state board shall submit to the Legislature, not
later than January 15th of the year which is at least two calendar
years prior to the year in which production would commence of
vehicles subject to the new standard, a report with an estimate of
the air quality benefits of the more stringent standard, the
technological and economic feasibility of requiring the standard, and
the potential effects on fuel economy associated with the standard.
The state board shall consult with the Environmental Protection
Agency and motor vehicle and engine manufacturers prior to submitting
the air quality and fuel economy estimates.
43102. (a) No new motor vehicle or new motor vehicle engine shall
be certified by the state board, unless the vehicle or engine, as the
case may be, meets the emission standards adopted by the state board
pursuant to Section 43101 under test procedures adopted by the state
board pursuant to Section 43104.
(b) Notwithstanding subdivision (a), to assure that California
consumers have an adequate selection of light-duty motor vehicle
models, the state board shall adopt certification and enforcement
regulations for future model years as soon as practicable, but not
later than for the 1983 and subsequent model years, which will allow
a manufacturer to certify in California federally certified
light-duty motor vehicles with any engine family or families when
their emissions are offset by the manufacturer's California certified
motor vehicles whose emissions are below the applicable California
standards. This exemption shall not apply to emergency vehicles, as
defined in Section 2002 of Title 15 of the United States Code.
(c) Subdivision (b) shall not be applicable to any vehicle or
engine model which is certified to meet the emission standards
established pursuant to Section 43101 or 43101.5.
43104. For the certification of new motor vehicles or new motor
vehicle engines, the state board shall adopt, by regulation, test
procedures and any other procedures necessary to determine whether
the vehicles or engines are in compliance with the emissions
standards established pursuant to Section 43101. The state board
shall base its test procedures on federal test procedures or on
driving patterns typical in the urban areas of California.
43105. No new motor vehicle, new motor vehicle engine, or motor
vehicle with a new motor vehicle engine required pursuant to this
part to meet the emission standards established pursuant to Section
43101 shall be sold to the ultimate purchaser, offered or delivered
for sale to the ultimate purchaser, or registered in this state if
the manufacturer has violated emission standards or test procedures
and has failed to take corrective action, which may include recall of
vehicles or engines, specified by the state board in accordance with
regulations of the state board. If a manufacturer contests the
necessity for, or the scope of, a recall of vehicles or engines
ordered pursuant to this section and so advises the state board, the
state board shall not require such recall unless it first affords the
manufacturer the opportunity, at a public hearing, to present
evidence in support of the manufacturer's objections. If a vehicle or
engine is recalled pursuant to this section, the manufacturer shall
make all necessary corrections specified by the state board without
charge to the registered owner of the vehicle or vehicle with such
engine or, at the manufacturer's election, reimburse the registered
owner for the cost of making such necessary corrections.
The procedures for determining, and the facts constituting,
compliance or failure of compliance shall be established by the state
board.
43105.5. (a) For all 1994 and later model-year motor vehicles
equipped with on board diagnostic systems (OBD's) and certified in
accordance with the test procedures adopted pursuant to Section
43104, the state board, not later than January 1, 2002, shall adopt
regulations that require a motor vehicle manufacturer to do all of
the following to the extent not limited or prohibited by federal law
(the regulations adopted by the state board pursuant to this
provision may include subject matter similar to the subject matter
included in regulations adopted by the United States Environmental
Protection Agency):
(1) Make available, within a reasonable period of time, and by
reasonable business means, including, but not limited to, use of the
Internet, as determined by the state board, to all covered persons,
the full contents of all manuals, technical service bulletins, and
training materials regarding emissions-related motor vehicle
information that is made available to their franchised dealerships.
(2) Make available for sale to all covered persons the
manufacturer's emissions-related enhanced diagnostic tools, and make
emissions-related enhanced data stream information and bidirectional
controls related to tools available in electronic format to equipment
and tool companies.
(3) If the motor vehicle manufacturer uses reprogrammable computer
chips in its motor vehicles, provide equipment and tool companies
with the information that is provided by the manufacturer to its
dealerships to allow those companies to incorporate into aftermarket
tools the same reprogramming capability.
(4) Make available to all covered persons, within a reasonable
period of time, a general description of their on board diagnostic
systems (OBD II) for the 1996 and subsequent model-years, which shall
contain the information described in this paragraph. For each
monitoring system utilized by a manufacturer that illuminates the OBD
II malfunction indicator light, the motor vehicle manufacturer shall
provide all of the following:
(A) A general description of the operation of the monitor,
including a description of the parameter that is being monitored.
(B) A listing of all typical OBD II diagnostic trouble codes
associated with each monitor.
(C) A description of the typical enabling conditions for each
monitor to execute during vehicle operation, including, but not
limited to, minimum and maximum intake air and engine coolant
temperature, vehicle speed range, and time after engine startup.
(D) A listing of each monitor sequence, execution frequency, and
typical duration.
(E) A listing of typical malfunction thresholds for each monitor.
(F) For OBD II parameters for specific vehicles that deviate from
the typical parameters, the OBD II description shall indicate the
deviation and provide a separate listing of the typical value for
those vehicles.
(G) The information required by this paragraph shall not include
specific algorithms, specific software code, or specific calibration
data beyond that required to be made available through the generic
scan tool in federal and California on board diagnostic regulations.
(5) Not utilize any access or recognition code or any type of
encryption for the purpose of preventing a vehicle owner from using
an emissions-related motor vehicle part with the exception of the
powertrain control modules, engine control modules, and transmission
control modules, that has not been manufactured by that manufacturer
or any of its original equipment suppliers.
(6) Provide to all covered persons information regarding
initialization procedures relating to immobilizer circuits or other
lockout devices to reinitialize vehicle on board computers that
employ integral vehicle security systems if necessary to repair or
replace an emissions-related part, or if necessary for the proper
installation of vehicle on board computers that employ integral
vehicle security systems.
(7) All information required to be provided to covered persons by
this section shall be provided, for fair, reasonable, and
nondiscriminatory compensation, in a format that is readily
accessible to all covered persons, as determined by the state board.
(b) Any information required to be disclosed pursuant to a final
regulation adopted under this section that the motor vehicle
manufacturer demonstrates to a court, on a case-by-case basis, to be
a trade secret pursuant to the Uniform Trade Secret Act contained in
Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the
Civil Code, shall be exempt from disclosure, unless the court, upon
the request of a covered person seeking disclosure of the
information, determines that the disclosure of the information is
necessary to mitigate anticompetitive effects. In making this
determination, the court shall consider, among other things, the
practices of any motor vehicle manufacturer that results in the
fullest disclosure of information listed in paragraph (4) of
subdivision (a). In actions subject to this subdivision, the court
shall preserve the secrecy of an alleged trade secret by reasonable
means, which may include granting a protective order in connection
with discovery proceedings, holding an in-camera hearing, sealing the
record of the action, or ordering any person involved in the
litigation not to disclose an alleged trade secret without prior
court approval.
(c) If information is required to be disclosed by a motor vehicle
manufacturer pursuant to subdivision (b), the court shall allow for
the imposition of reasonable business conditions as a condition of
disclosure, and may include punitive sanctions for the improper
release of information that is determined to be a trade secret to a
competitor of the manufacturer. The court shall also provide for
fair, reasonable, and nondiscrimatory compensation to the motor
vehicle manufacturer for the disclosure of information determined by
the court to be a trade secret and required to be disclosed pursuant
to subdivision (b). The court shall provide for the dissemination of
trade secret information required to be disclosed pursuant to
subdivision (b) through licensing agreements and the collection of
reasonable licensing fees. If the court determines that disclosure of
any of the information required to be disclosed under subdivision
(b) constitutes a taking of personal property, a jury trial shall be
held to determine the amount of compensation for that taking, unless
waived by the motor vehicle manufacturer.
(d) The state board shall periodically conduct surveys to
determine whether the information requirements imposed by this
section are being fulfilled by actual field availability of the
information.
(e) If the executive officer of the state board obtains credible
evidence that a motor vehicle manufacturer has failed to comply with
any of the requirements of this section or the regulations adopted by
the state board, the executive officer shall issue a notice to
comply to the manufacturer. Not later than 30 days after issuance of
the notice to comply, the vehicle manufacturer shall submit to the
executive officer a compliance plan, unless within that 30-day period
the manufacturer requests an administrative hearing to contest the
basis or scope of the notice to comply in accordance with subdivision
(f). The executive officer shall accept the compliance plan if it
provides adequate demonstration that the manufacturer will come into
compliance with this section and the board's implementing regulations
within 45 days following submission of the plan. However, the
executive officer may extend the compliance period if the executive
officer determines that the violation cannot be remedied within that
period.
(f) If the motor vehicle manufacturer contests a notice to comply
pursuant to subdivision (e) or the executive officer rejects the
compliance plan submitted by the manufacturer, an administrative
hearing shall be conducted by a hearing officer appointed by the
state board, in accordance with procedures established by the state
board. The hearing procedures shall provide the manufacturer and any
other interested party at least 30 days notice of the hearing. If,
after the hearing, the hearing officer appointed by the state board
finds that the motor vehicle manufacturer has failed to comply with
any of the requirements of this section or the regulations adopted by
the state board, and the manufacturer fails to correct the violation
with 30 days from the date of the finding, the hearing officer may
impose a civil penalty upon the manufacturer in an amount not to
exceed twenty-five thousand dollars ($25,000) per day per violation
until the violation is corrected, as determined in accordance with
the hearing procedures established by the state board. The hearing
procedures may provide additional time for compliance prior to
imposing a civil penalty. If so, the hearing officer may grant
additional time for compliance if he or she determines that the
violation cannot be remedied within 30 days of the finding that a
violation has occurred.
(g) The state board, in consultation with the Department of
Consumer Affairs, shall, through the year 2009, report annually to
the Legislature on the extent to which the implementation of this act
enacted during the 2000 portion of the 1999-2000 Regular Session is
effective in furthering the intent and policy of this act.
(h) Nothing in this section is intended to authorize the
infringement of intellectual property rights embodied in United
States patents, trademarks, or copyrights, to the extent those rights
may be exercised consistently with any other federal laws.
43106. Each new motor vehicle or engine required pursuant to this
part to meet the emission standards established pursuant to Section
43101 shall be, in all material respects, substantially the same in
construction as the test motor vehicle or engine, as the case may be,
which has been certified by the state board in accordance with this
article. However, changes with respect to new motor vehicles or
engines previously certified may be made if such changes do not
increase emissions above the standards under which those motor
vehicles or engines, as the case may be, were certified and are made
in accordance with procedures specified by the state board.
43107. (a) The state board may, by regulation, adopt emission
standards for new 1977 and later model year motorcycles registered or
identified by the Department of Motor Vehicles which are sold in the
state on or after July 1, 1976, or such later date as established by
the state board by regulation.
(b) Motorcycles shall be exempt from the provisions of Section
43200.
43108. (a) In lieu of certification pursuant to Section 43102, the
state board may certify a new motor vehicle designed for exclusive
use as a schoolbus, or a new motor vehicle engine intended for use in
a schoolbus, if the Administrator of the Environmental Protection
Agency has granted a certificate of conformity for the schoolbus or
engine pursuant to the Clean Air Act (42 U.S.C. Sec. 1857 et seq.).
(b) The state board shall grant a certification pursuant to
subdivision (a) only if the manufacturer of the schoolbus or engine
demonstrates that an engine suitable for use in the manufacturer's
standard type of schoolbus which meets the applicable emissions
standards established by the state board pursuant to Section 43102 is
not available for installation.
(c) The state board, prior to granting a certification pursuant to
subdivision (a), shall require a showing by the manufacturer of the
schoolbus or engine of a good faith effort to procure or manufacture
an engine which meets the standards established by the state board
pursuant to Section 43102 and, in the case of the schoolbus
manufacturer, a good faith effort to accomplish a schoolbus redesign
to accommodate such an engine. In the absence of these showings, the
state board shall not grant a certification pursuant to subdivision
(a).
43100. The state board may certify new motor vehicles and new motor
vehicle engines pursuant to this article.
43101. (a) The state board shall adopt and implement emission
standards for new motor vehicles for the control of emissions from
new motor vehicles that the state board finds to be necessary and
technologically feasible to carry out the purposes of this division.
Before adopting these standards, the state board shall consider the
impact of these standards on the economy of the state, including, but
not limited to, their effect on motor vehicle fuel efficiency.
(b) The standards adopted pursuant to this section may be
applicable to motor vehicle engines, rather than to motor vehicles.
43101.5. The emission standards adopted by the state board pursuant
to Section 43101 for the 1983 and later model-year motor vehicles
shall be limited by the following:
(a) For all gasoline-powered passenger vehicles prior to the 1986
model year, the state board shall not adopt primary standards for the
emission of oxides of nitrogen which are more stringent than 0.7
grams per vehicle mile, unless the state board by regulation also
provides for optional standards which are not more stringent, with
respect to each constituent, than 0.39 grams per vehicle mile for
nonmethane hydrocarbon, 7.0 grams per vehicle mile for carbon
monoxide, and 0.7 grams per vehicle mile for oxides of nitrogen. For
gasoline-powered light-duty vehicles and medium-duty vehicles prior
to the 1986 model year of less than 4,000 pounds unladen weight, the
state board shall not adopt primary standards for the emission of
oxides of nitrogen which are more stringent than 1.0 gram per vehicle
mile, unless the state board by regulation also provides for
optional standards which are not more stringent, with respect to each
constituent, than 0.39 grams per vehicle mile for nonmethane
hydrocarbon, 9.0 grams per vehicle mile for carbon monoxide, and 1.0
gram per vehicle mile for oxides of nitrogen. Any option may not
impose certification, warranty, or enforcement requirements of
greater duration or stringency than those set forth in the
regulations applicable to 1983 and later model years, as adopted or
amended by the state board on May 20, 1981.
(b) If the state board intends by regulation to eliminate for 1986
and later model-year vehicles the optional standards specified in
subdivision (a), the state board shall submit to the Legislature, not
later than January 15th of the year which is at least two calendar
years prior to the year in which production would commence of
vehicles subject to the new standard, a report with an estimate of
the air quality benefits of the more stringent standard, the
technological and economic feasibility of requiring the standard, and
the potential effects on fuel economy associated with the standard.
The state board shall consult with the Environmental Protection
Agency and motor vehicle and engine manufacturers prior to submitting
the air quality and fuel economy estimates.
43102. (a) No new motor vehicle or new motor vehicle engine shall
be certified by the state board, unless the vehicle or engine, as the
case may be, meets the emission standards adopted by the state board
pursuant to Section 43101 under test procedures adopted by the state
board pursuant to Section 43104.
(b) Notwithstanding subdivision (a), to assure that California
consumers have an adequate selection of light-duty motor vehicle
models, the state board shall adopt certification and enforcement
regulations for future model years as soon as practicable, but not
later than for the 1983 and subsequent model years, which will allow
a manufacturer to certify in California federally certified
light-duty motor vehicles with any engine family or families when
their emissions are offset by the manufacturer's California certified
motor vehicles whose emissions are below the applicable California
standards. This exemption shall not apply to emergency vehicles, as
defined in Section 2002 of Title 15 of the United States Code.
(c) Subdivision (b) shall not be applicable to any vehicle or
engine model which is certified to meet the emission standards
established pursuant to Section 43101 or 43101.5.
43104. For the certification of new motor vehicles or new motor
vehicle engines, the state board shall adopt, by regulation, test
procedures and any other procedures necessary to determine whether
the vehicles or engines are in compliance with the emissions
standards established pursuant to Section 43101. The state board
shall base its test procedures on federal test procedures or on
driving patterns typical in the urban areas of California.
43105. No new motor vehicle, new motor vehicle engine, or motor
vehicle with a new motor vehicle engine required pursuant to this
part to meet the emission standards established pursuant to Section
43101 shall be sold to the ultimate purchaser, offered or delivered
for sale to the ultimate purchaser, or registered in this state if
the manufacturer has violated emission standards or test procedures
and has failed to take corrective action, which may include recall of
vehicles or engines, specified by the state board in accordance with
regulations of the state board. If a manufacturer contests the
necessity for, or the scope of, a recall of vehicles or engines
ordered pursuant to this section and so advises the state board, the
state board shall not require such recall unless it first affords the
manufacturer the opportunity, at a public hearing, to present
evidence in support of the manufacturer's objections. If a vehicle or
engine is recalled pursuant to this section, the manufacturer shall
make all necessary corrections specified by the state board without
charge to the registered owner of the vehicle or vehicle with such
engine or, at the manufacturer's election, reimburse the registered
owner for the cost of making such necessary corrections.
The procedures for determining, and the facts constituting,
compliance or failure of compliance shall be established by the state
board.
43105.5. (a) For all 1994 and later model-year motor vehicles
equipped with on board diagnostic systems (OBD's) and certified in
accordance with the test procedures adopted pursuant to Section
43104, the state board, not later than January 1, 2002, shall adopt
regulations that require a motor vehicle manufacturer to do all of
the following to the extent not limited or prohibited by federal law
(the regulations adopted by the state board pursuant to this
provision may include subject matter similar to the subject matter
included in regulations adopted by the United States Environmental
Protection Agency):
(1) Make available, within a reasonable period of time, and by
reasonable business means, including, but not limited to, use of the
Internet, as determined by the state board, to all covered persons,
the full contents of all manuals, technical service bulletins, and
training materials regarding emissions-related motor vehicle
information that is made available to their franchised dealerships.
(2) Make available for sale to all covered persons the
manufacturer's emissions-related enhanced diagnostic tools, and make
emissions-related enhanced data stream information and bidirectional
controls related to tools available in electronic format to equipment
and tool companies.
(3) If the motor vehicle manufacturer uses reprogrammable computer
chips in its motor vehicles, provide equipment and tool companies
with the information that is provided by the manufacturer to its
dealerships to allow those companies to incorporate into aftermarket
tools the same reprogramming capability.
(4) Make available to all covered persons, within a reasonable
period of time, a general description of their on board diagnostic
systems (OBD II) for the 1996 and subsequent model-years, which shall
contain the information described in this paragraph. For each
monitoring system utilized by a manufacturer that illuminates the OBD
II malfunction indicator light, the motor vehicle manufacturer shall
provide all of the following:
(A) A general description of the operation of the monitor,
including a description of the parameter that is being monitored.
(B) A listing of all typical OBD II diagnostic trouble codes
associated with each monitor.
(C) A description of the typical enabling conditions for each
monitor to execute during vehicle operation, including, but not
limited to, minimum and maximum intake air and engine coolant
temperature, vehicle speed range, and time after engine startup.
(D) A listing of each monitor sequence, execution frequency, and
typical duration.
(E) A listing of typical malfunction thresholds for each monitor.
(F) For OBD II parameters for specific vehicles that deviate from
the typical parameters, the OBD II description shall indicate the
deviation and provide a separate listing of the typical value for
those vehicles.
(G) The information required by this paragraph shall not include
specific algorithms, specific software code, or specific calibration
data beyond that required to be made available through the generic
scan tool in federal and California on board diagnostic regulations.
(5) Not utilize any access or recognition code or any type of
encryption for the purpose of preventing a vehicle owner from using
an emissions-related motor vehicle part with the exception of the
powertrain control modules, engine control modules, and transmission
control modules, that has not been manufactured by that manufacturer
or any of its original equipment suppliers.
(6) Provide to all covered persons information regarding
initialization procedures relating to immobilizer circuits or other
lockout devices to reinitialize vehicle on board computers that
employ integral vehicle security systems if necessary to repair or
replace an emissions-related part, or if necessary for the proper
installation of vehicle on board computers that employ integral
vehicle security systems.
(7) All information required to be provided to covered persons by
this section shall be provided, for fair, reasonable, and
nondiscriminatory compensation, in a format that is readily
accessible to all covered persons, as determined by the state board.
(b) Any information required to be disclosed pursuant to a final
regulation adopted under this section that the motor vehicle
manufacturer demonstrates to a court, on a case-by-case basis, to be
a trade secret pursuant to the Uniform Trade Secret Act contained in
Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the
Civil Code, shall be exempt from disclosure, unless the court, upon
the request of a covered person seeking disclosure of the
information, determines that the disclosure of the information is
necessary to mitigate anticompetitive effects. In making this
determination, the court shall consider, among other things, the
practices of any motor vehicle manufacturer that results in the
fullest disclosure of information listed in paragraph (4) of
subdivision (a). In actions subject to this subdivision, the court
shall preserve the secrecy of an alleged trade secret by reasonable
means, which may include granting a protective order in connection
with discovery proceedings, holding an in-camera hearing, sealing the
record of the action, or ordering any person involved in the
litigation not to disclose an alleged trade secret without prior
court approval.
(c) If information is required to be disclosed by a motor vehicle
manufacturer pursuant to subdivision (b), the court shall allow for
the imposition of reasonable business conditions as a condition of
disclosure, and may include punitive sanctions for the improper
release of information that is determined to be a trade secret to a
competitor of the manufacturer. The court shall also provide for
fair, reasonable, and nondiscrimatory compensation to the motor
vehicle manufacturer for the disclosure of information determined by
the court to be a trade secret and required to be disclosed pursuant
to subdivision (b). The court shall provide for the dissemination of
trade secret information required to be disclosed pursuant to
subdivision (b) through licensing agreements and the collection of
reasonable licensing fees. If the court determines that disclosure of
any of the information required to be disclosed under subdivision
(b) constitutes a taking of personal property, a jury trial shall be
held to determine the amount of compensation for that taking, unless
waived by the motor vehicle manufacturer.
(d) The state board shall periodically conduct surveys to
determine whether the information requirements imposed by this
section are being fulfilled by actual field availability of the
information.
(e) If the executive officer of the state board obtains credible
evidence that a motor vehicle manufacturer has failed to comply with
any of the requirements of this section or the regulations adopted by
the state board, the executive officer shall issue a notice to
comply to the manufacturer. Not later than 30 days after issuance of
the notice to comply, the vehicle manufacturer shall submit to the
executive officer a compliance plan, unless within that 30-day period
the manufacturer requests an administrative hearing to contest the
basis or scope of the notice to comply in accordance with subdivision
(f). The executive officer shall accept the compliance plan if it
provides adequate demonstration that the manufacturer will come into
compliance with this section and the board's implementing regulations
within 45 days following submission of the plan. However, the
executive officer may extend the compliance period if the executive
officer determines that the violation cannot be remedied within that
period.
(f) If the motor vehicle manufacturer contests a notice to comply
pursuant to subdivision (e) or the executive officer rejects the
compliance plan submitted by the manufacturer, an administrative
hearing shall be conducted by a hearing officer appointed by the
state board, in accordance with procedures established by the state
board. The hearing procedures shall provide the manufacturer and any
other interested party at least 30 days notice of the hearing. If,
after the hearing, the hearing officer appointed by the state board
finds that the motor vehicle manufacturer has failed to comply with
any of the requirements of this section or the regulations adopted by
the state board, and the manufacturer fails to correct the violation
with 30 days from the date of the finding, the hearing officer may
impose a civil penalty upon the manufacturer in an amount not to
exceed twenty-five thousand dollars ($25,000) per day per violation
until the violation is corrected, as determined in accordance with
the hearing procedures established by the state board. The hearing
procedures may provide additional time for compliance prior to
imposing a civil penalty. If so, the hearing officer may grant
additional time for compliance if he or she determines that the
violation cannot be remedied within 30 days of the finding that a
violation has occurred.
(g) The state board, in consultation with the Department of
Consumer Affairs, shall, through the year 2009, report annually to
the Legislature on the extent to which the implementation of this act
enacted during the 2000 portion of the 1999-2000 Regular Session is
effective in furthering the intent and policy of this act.
(h) Nothing in this section is intended to authorize the
infringement of intellectual property rights embodied in United
States patents, trademarks, or copyrights, to the extent those rights
may be exercised consistently with any other federal laws.
43106. Each new motor vehicle or engine required pursuant to this
part to meet the emission standards established pursuant to Section
43101 shall be, in all material respects, substantially the same in
construction as the test motor vehicle or engine, as the case may be,
which has been certified by the state board in accordance with this
article. However, changes with respect to new motor vehicles or
engines previously certified may be made if such changes do not
increase emissions above the standards under which those motor
vehicles or engines, as the case may be, were certified and are made
in accordance with procedures specified by the state board.
43107. (a) The state board may, by regulation, adopt emission
standards for new 1977 and later model year motorcycles registered or
identified by the Department of Motor Vehicles which are sold in the
state on or after July 1, 1976, or such later date as established by
the state board by regulation.
(b) Motorcycles shall be exempt from the provisions of Section
43200.
43108. (a) In lieu of certification pursuant to Section 43102, the
state board may certify a new motor vehicle designed for exclusive
use as a schoolbus, or a new motor vehicle engine intended for use in
a schoolbus, if the Administrator of the Environmental Protection
Agency has granted a certificate of conformity for the schoolbus or
engine pursuant to the Clean Air Act (42 U.S.C. Sec. 1857 et seq.).
(b) The state board shall grant a certification pursuant to
subdivision (a) only if the manufacturer of the schoolbus or engine
demonstrates that an engine suitable for use in the manufacturer's
standard type of schoolbus which meets the applicable emissions
standards established by the state board pursuant to Section 43102 is
not available for installation.
(c) The state board, prior to granting a certification pursuant to
subdivision (a), shall require a showing by the manufacturer of the
schoolbus or engine of a good faith effort to procure or manufacture
an engine which meets the standards established by the state board
pursuant to Section 43102 and, in the case of the schoolbus
manufacturer, a good faith effort to accomplish a schoolbus redesign
to accommodate such an engine. In the absence of these showings, the
state board shall not grant a certification pursuant to subdivision
(a).
43100. The state board may certify new motor vehicles and new motor
vehicle engines pursuant to this article.
43101. (a) The state board shall adopt and implement emission
standards for new motor vehicles for the control of emissions from
new motor vehicles that the state board finds to be necessary and
technologically feasible to carry out the purposes of this division.
Before adopting these standards, the state board shall consider the
impact of these standards on the economy of the state, including, but
not limited to, their effect on motor vehicle fuel efficiency.
(b) The standards adopted pursuant to this section may be
applicable to motor vehicle engines, rather than to motor vehicles.
43101.5. The emission standards adopted by the state board pursuant
to Section 43101 for the 1983 and later model-year motor vehicles
shall be limited by the following:
(a) For all gasoline-powered passenger vehicles prior to the 1986
model year, the state board shall not adopt primary standards for the
emission of oxides of nitrogen which are more stringent than 0.7
grams per vehicle mile, unless the state board by regulation also
provides for optional standards which are not more stringent, with
respect to each constituent, than 0.39 grams per vehicle mile for
nonmethane hydrocarbon, 7.0 grams per vehicle mile for carbon
monoxide, and 0.7 grams per vehicle mile for oxides of nitrogen. For
gasoline-powered light-duty vehicles and medium-duty vehicles prior
to the 1986 model year of less than 4,000 pounds unladen weight, the
state board shall not adopt primary standards for the emission of
oxides of nitrogen which are more stringent than 1.0 gram per vehicle
mile, unless the state board by regulation also provides for
optional standards which are not more stringent, with respect to each
constituent, than 0.39 grams per vehicle mile for nonmethane
hydrocarbon, 9.0 grams per vehicle mile for carbon monoxide, and 1.0
gram per vehicle mile for oxides of nitrogen. Any option may not
impose certification, warranty, or enforcement requirements of
greater duration or stringency than those set forth in the
regulations applicable to 1983 and later model years, as adopted or
amended by the state board on May 20, 1981.
(b) If the state board intends by regulation to eliminate for 1986
and later model-year vehicles the optional standards specified in
subdivision (a), the state board shall submit to the Legislature, not
later than January 15th of the year which is at least two calendar
years prior to the year in which production would commence of
vehicles subject to the new standard, a report with an estimate of
the air quality benefits of the more stringent standard, the
technological and economic feasibility of requiring the standard, and
the potential effects on fuel economy associated with the standard.
The state board shall consult with the Environmental Protection
Agency and motor vehicle and engine manufacturers prior to submitting
the air quality and fuel economy estimates.
43102. (a) No new motor vehicle or new motor vehicle engine shall
be certified by the state board, unless the vehicle or engine, as the
case may be, meets the emission standards adopted by the state board
pursuant to Section 43101 under test procedures adopted by the state
board pursuant to Section 43104.
(b) Notwithstanding subdivision (a), to assure that California
consumers have an adequate selection of light-duty motor vehicle
models, the state board shall adopt certification and enforcement
regulations for future model years as soon as practicable, but not
later than for the 1983 and subsequent model years, which will allow
a manufacturer to certify in California federally certified
light-duty motor vehicles with any engine family or families when
their emissions are offset by the manufacturer's California certified
motor vehicles whose emissions are below the applicable California
standards. This exemption shall not apply to emergency vehicles, as
defined in Section 2002 of Title 15 of the United States Code.
(c) Subdivision (b) shall not be applicable to any vehicle or
engine model which is certified to meet the emission standards
established pursuant to Section 43101 or 43101.5.
43104. For the certification of new motor vehicles or new motor
vehicle engines, the state board shall adopt, by regulation, test
procedures and any other procedures necessary to determine whether
the vehicles or engines are in compliance with the emissions
standards established pursuant to Section 43101. The state board
shall base its test procedures on federal test procedures or on
driving patterns typical in the urban areas of California.
43105. No new motor vehicle, new motor vehicle engine, or motor
vehicle with a new motor vehicle engine required pursuant to this
part to meet the emission standards established pursuant to Section
43101 shall be sold to the ultimate purchaser, offered or delivered
for sale to the ultimate purchaser, or registered in this state if
the manufacturer has violated emission standards or test procedures
and has failed to take corrective action, which may include recall of
vehicles or engines, specified by the state board in accordance with
regulations of the state board. If a manufacturer contests the
necessity for, or the scope of, a recall of vehicles or engines
ordered pursuant to this section and so advises the state board, the
state board shall not require such recall unless it first affords the
manufacturer the opportunity, at a public hearing, to present
evidence in support of the manufacturer's objections. If a vehicle or
engine is recalled pursuant to this section, the manufacturer shall
make all necessary corrections specified by the state board without
charge to the registered owner of the vehicle or vehicle with such
engine or, at the manufacturer's election, reimburse the registered
owner for the cost of making such necessary corrections.
The procedures for determining, and the facts constituting,
compliance or failure of compliance shall be established by the state
board.
43105.5. (a) For all 1994 and later model-year motor vehicles
equipped with on board diagnostic systems (OBD's) and certified in
accordance with the test procedures adopted pursuant to Section
43104, the state board, not later than January 1, 2002, shall adopt
regulations that require a motor vehicle manufacturer to do all of
the following to the extent not limited or prohibited by federal law
(the regulations adopted by the state board pursuant to this
provision may include subject matter similar to the subject matter
included in regulations adopted by the United States Environmental
Protection Agency):
(1) Make available, within a reasonable period of time, and by
reasonable business means, including, but not limited to, use of the
Internet, as determined by the state board, to all covered persons,
the full contents of all manuals, technical service bulletins, and
training materials regarding emissions-related motor vehicle
information that is made available to their franchised dealerships.
(2) Make available for sale to all covered persons the
manufacturer's emissions-related enhanced diagnostic tools, and make
emissions-related enhanced data stream information and bidirectional
controls related to tools available in electronic format to equipment
and tool companies.
(3) If the motor vehicle manufacturer uses reprogrammable computer
chips in its motor vehicles, provide equipment and tool companies
with the information that is provided by the manufacturer to its
dealerships to allow those companies to incorporate into aftermarket
tools the same reprogramming capability.
(4) Make available to all covered persons, within a reasonable
period of time, a general description of their on board diagnostic
systems (OBD II) for the 1996 and subsequent model-years, which shall
contain the information described in this paragraph. For each
monitoring system utilized by a manufacturer that illuminates the OBD
II malfunction indicator light, the motor vehicle manufacturer shall
provide all of the following:
(A) A general description of the operation of the monitor,
including a description of the parameter that is being monitored.
(B) A listing of all typical OBD II diagnostic trouble codes
associated with each monitor.
(C) A description of the typical enabling conditions for each
monitor to execute during vehicle operation, including, but not
limited to, minimum and maximum intake air and engine coolant
temperature, vehicle speed range, and time after engine startup.
(D) A listing of each monitor sequence, execution frequency, and
typical duration.
(E) A listing of typical malfunction thresholds for each monitor.
(F) For OBD II parameters for specific vehicles that deviate from
the typical parameters, the OBD II description shall indicate the
deviation and provide a separate listing of the typical value for
those vehicles.
(G) The information required by this paragraph shall not include
specific algorithms, specific software code, or specific calibration
data beyond that required to be made available through the generic
scan tool in federal and California on board diagnostic regulations.
(5) Not utilize any access or recognition code or any type of
encryption for the purpose of preventing a vehicle owner from using
an emissions-related motor vehicle part with the exception of the
powertrain control modules, engine control modules, and transmission
control modules, that has not been manufactured by that manufacturer
or any of its original equipment suppliers.
(6) Provide to all covered persons information regarding
initialization procedures relating to immobilizer circuits or other
lockout devices to reinitialize vehicle on board computers that
employ integral vehicle security systems if necessary to repair or
replace an emissions-related part, or if necessary for the proper
installation of vehicle on board computers that employ integral
vehicle security systems.
(7) All information required to be provided to covered persons by
this section shall be provided, for fair, reasonable, and
nondiscriminatory compensation, in a format that is readily
accessible to all covered persons, as determined by the state board.
(b) Any information required to be disclosed pursuant to a final
regulation adopted under this section that the motor vehicle
manufacturer demonstrates to a court, on a case-by-case basis, to be
a trade secret pursuant to the Uniform Trade Secret Act contained in
Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the
Civil Code, shall be exempt from disclosure, unless the court, upon
the request of a covered person seeking disclosure of the
information, determines that the disclosure of the information is
necessary to mitigate anticompetitive effects. In making this
determination, the court shall consider, among other things, the
practices of any motor vehicle manufacturer that results in the
fullest disclosure of information listed in paragraph (4) of
subdivision (a). In actions subject to this subdivision, the court
shall preserve the secrecy of an alleged trade secret by reasonable
means, which may include granting a protective order in connection
with discovery proceedings, holding an in-camera hearing, sealing the
record of the action, or ordering any person involved in the
litigation not to disclose an alleged trade secret without prior
court approval.
(c) If information is required to be disclosed by a motor vehicle
manufacturer pursuant to subdivision (b), the court shall allow for
the imposition of reasonable business conditions as a condition of
disclosure, and may include punitive sanctions for the improper
release of information that is determined to be a trade secret to a
competitor of the manufacturer. The court shall also provide for
fair, reasonable, and nondiscrimatory compensation to the motor
vehicle manufacturer for the disclosure of information determined by
the court to be a trade secret and required to be disclosed pursuant
to subdivision (b). The court shall provide for the dissemination of
trade secret information required to be disclosed pursuant to
subdivision (b) through licensing agreements and the collection of
reasonable licensing fees. If the court determines that disclosure of
any of the information required to be disclosed under subdivision
(b) constitutes a taking of personal property, a jury trial shall be
held to determine the amount of compensation for that taking, unless
waived by the motor vehicle manufacturer.
(d) The state board shall periodically conduct surveys to
determine whether the information requirements imposed by this
section are being fulfilled by actual field availability of the
information.
(e) If the executive officer of the state board obtains credible
evidence that a motor vehicle manufacturer has failed to comply with
any of the requirements of this section or the regulations adopted by
the state board, the executive officer shall issue a notice to
comply to the manufacturer. Not later than 30 days after issuance of
the notice to comply, the vehicle manufacturer shall submit to the
executive officer a compliance plan, unless within that 30-day period
the manufacturer requests an administrative hearing to contest the
basis or scope of the notice to comply in accordance with subdivision
(f). The executive officer shall accept the compliance plan if it
provides adequate demonstration that the manufacturer will come into
compliance with this section and the board's implementing regulations
within 45 days following submission of the plan. However, the
executive officer may extend the compliance period if the executive
officer determines that the violation cannot be remedied within that
period.
(f) If the motor vehicle manufacturer contests a notice to comply
pursuant to subdivision (e) or the executive officer rejects the
compliance plan submitted by the manufacturer, an administrative
hearing shall be conducted by a hearing officer appointed by the
state board, in accordance with procedures established by the state
board. The hearing procedures shall provide the manufacturer and any
other interested party at least 30 days notice of the hearing. If,
after the hearing, the hearing officer appointed by the state board
finds that the motor vehicle manufacturer has failed to comply with
any of the requirements of this section or the regulations adopted by
the state board, and the manufacturer fails to correct the violation
with 30 days from the date of the finding, the hearing officer may
impose a civil penalty upon the manufacturer in an amount not to
exceed twenty-five thousand dollars ($25,000) per day per violation
until the violation is corrected, as determined in accordance with
the hearing procedures established by the state board. The hearing
procedures may provide additional time for compliance prior to
imposing a civil penalty. If so, the hearing officer may grant
additional time for compliance if he or she determines that the
violation cannot be remedied within 30 days of the finding that a
violation has occurred.
(g) The state board, in consultation with the Department of
Consumer Affairs, shall, through the year 2009, report annually to
the Legislature on the extent to which the implementation of this act
enacted during the 2000 portion of the 1999-2000 Regular Session is
effective in furthering the intent and policy of this act.
(h) Nothing in this section is intended to authorize the
infringement of intellectual property rights embodied in United
States patents, trademarks, or copyrights, to the extent those rights
may be exercised consistently with any other federal laws.
43106. Each new motor vehicle or engine required pursuant to this
part to meet the emission standards established pursuant to Section
43101 shall be, in all material respects, substantially the same in
construction as the test motor vehicle or engine, as the case may be,
which has been certified by the state board in accordance with this
article. However, changes with respect to new motor vehicles or
engines previously certified may be made if such changes do not
increase emissions above the standards under which those motor
vehicles or engines, as the case may be, were certified and are made
in accordance with procedures specified by the state board.
43107. (a) The state board may, by regulation, adopt emission
standards for new 1977 and later model year motorcycles registered or
identified by the Department of Motor Vehicles which are sold in the
state on or after July 1, 1976, or such later date as established by
the state board by regulation.
(b) Motorcycles shall be exempt from the provisions of Section
43200.
43108. (a) In lieu of certification pursuant to Section 43102, the
state board may certify a new motor vehicle designed for exclusive
use as a schoolbus, or a new motor vehicle engine intended for use in
a schoolbus, if the Administrator of the Environmental Protection
Agency has granted a certificate of conformity for the schoolbus or
engine pursuant to the Clean Air Act (42 U.S.C. Sec. 1857 et seq.).
(b) The state board shall grant a certification pursuant to
subdivision (a) only if the manufacturer of the schoolbus or engine
demonstrates that an engine suitable for use in the manufacturer's
standard type of schoolbus which meets the applicable emissions
standards established by the state board pursuant to Section 43102 is
not available for installation.
(c) The state board, prior to granting a certification pursuant to
subdivision (a), shall require a showing by the manufacturer of the
schoolbus or engine of a good faith effort to procure or manufacture
an engine which meets the standards established by the state board
pursuant to Section 43102 and, in the case of the schoolbus
manufacturer, a good faith effort to accomplish a schoolbus redesign
to accommodate such an engine. In the absence of these showings, the
state board shall not grant a certification pursuant to subdivision
(a).
