43700. The Legislature finds and declares all of the following:
(a) Significant reductions in diesel emissions from existing
vehicles can be achieved by the adoption of stricter diesel fuel
specifications on sulfur, aromatics, and other fuel properties.
(b) The state board, in consultation with the State Department of
Health Services, is evaluating the potential carcinogenic effects of
specific constituents of diesel exhaust. Diesel exhaust is known to
include, as constituents, many substances known or suspected to be
toxic air contaminants.
(c) The Environmental Protection Agency has agreed to study the
health effects of various fuels, including diesel, to determine the
relative impacts on public health and the environment.
(d) Notwithstanding the ongoing study and review, reduction of
emissions from diesel powered vehicles, to the maximum extent
feasible, is in the best interests of air quality and public health.
43700.1. (a) The state board shall convene a panel of interested
parties to develop a test protocol for the evaluation of California
Air Resources Board (CARB) diesel fuel, and to recommend to the
executive officer of the state board a subsequent test program that
measures the emissions benefits of CARB diesel fuel.
(b) No later than December 31, 2007, the state board shall
complete the test program described in subdivision (a), and shall
submit the results of the test program to the Senate Committee on
Environmental Quality, the Senate Committe on Transportation and
Housing, and the Assembly Committee on Transportation.
43701. (a) 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, shall, after a public
hearing, adopt regulations that require that owners or operators of
heavy-duty diesel motor vehicles perform regular inspections of their
vehicles for excessive emissions of smoke. The inspection procedure,
the frequency of inspections, the emission standards for smoke, and
the actions the vehicle owner or operator is required to take to
remedy excessive smoke emissions 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).
(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 which 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 vehicle's 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 engine's
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 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 engine's model-year at the
time it was manufactured.
43702. (a) Any revenues received by the state board from any
variance fees imposed upon manufacturers who receive a variance from
the standards for the content of diesel fuel adopted by the state
board, which apply on and after October 1, 1993, shall be deposited
in the Diesel Fuel Trust Fund, which is hereby created in the State
Treasury. The money in the trust fund may be expended only upon
appropriation by the Legislature in accordance with subdivisions (b)
and (c).
(b) The money in the Diesel Fuel Trust Fund shall be expended to
reimburse owners of diesel fuel-powered engines and diesel
fuel-powered equipment for damage to fuel injection system elastomer
components which can be established as the result of the use of the
diesel fuel and which is damage that is not the responsibility of the
manufacturer.
(c) The state board shall develop and implement, by November 30,
1994, a reimbursement program to include all of the following:
(1) An application for reimbursement claims, to be submitted to
the state board, that requires documentation that supports a claim of
damage to diesel fuel injection system elastomer components. The
documentation shall consist of repair records from an authorized
engine repair business or fleet repair facility which verify that
diesel fuel injection system elastomer component damage occurred on
and after September 1, 1993, and that the failure occurred as the
result of diesel fuel which met the standards for the content of
diesel fuel adopted by the state board, which applied on and after
October 1, 1993.
(2) Claimants shall demonstrate evidence of ownership of a vehicle
or equipment for which damage is claimed by providing copies of
ownership records.
(3) Claimants with valid claims shall be reimbursed for the cost
of repairs up to a maximum amount for each of the following two
classes of vehicle or equipment, as follows:
(A) Owners of light-duty vehicles, small marine engines, and
stationary units, including, but not limited to, utility engines,
compressors, pumps, and generators, shall be reimbursed for damage
not exceeding four hundred fifty dollars ($450) for each claim.
(B) Owners of heavy-duty onroad vehicles and offroad agricultural
and construction equipment shall be reimbursed for damage not
exceeding five hundred fifty dollars ($550) for each claim.
(4) Claimants shall be limited to one claim for each vehicle or
equipment unit.
(5) The state board shall develop an audit component within the
reimbursement program to identify fraudulent claims.
(6) All applications for claims shall be postmarked not later than
midnight, March 1, 1995. Applications arriving after that deadline
are invalid and shall be returned to the sender.
(7) The state board shall not pay any claims until all claims have
been reviewed and the state board can make a reasonable estimate of
the total amount of valid claims. If the amount exceeds the amount of
money in the Diesel Fuel Trust Fund, reimbursement for valid claims
shall be prorated in each class specified in paragraph (3).
(8) The state board shall give notice of the reimbursement program
by publication in major newspapers of general circulation in the
state. That notice shall fully describe the reimbursement program,
including, but not limited to, the limits of reimbursement and the
possible proration of claims in the event that valid claims exceed
the amount of money in the Diesel Fuel Trust Fund.
(9) The state board may expend an amount not to exceed three
hundred thousand dollars ($300,000) from the Diesel Fuel Trust Fund
to administer the reimbursement program.
(10) The state board may contract with a private mediation firm to
review and adjudicate claims.
(11) The state board may adopt guidelines for administering the
reimbursement program after providing adequate opportunity for public
review and comment. Guidelines adopted by the state board pursuant
to this paragraph shall be exempt from Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) The Legislature hereby finds and declares that the
reimbursement program shall not be considered to be mitigation for
the impacts of the standards adopted by the state board for the
formulation of diesel fuel, and by the enactment of this section, the
state is not thereby assuming any responsibility for mitigating
impacts on operators of diesel vehicles or equipment arising from the
implementation of the standards. The Legislature further finds and
declares that the reimbursement program is a proper use of public
funds and serves a necessary public purpose.
43704. Any person who violates Section 2485 of Title 13 of the
California Code of Regulations is subject to a minimum civil penalty
of three hundred dollars ($300).
43700. The Legislature finds and declares all of the following:
(a) Significant reductions in diesel emissions from existing
vehicles can be achieved by the adoption of stricter diesel fuel
specifications on sulfur, aromatics, and other fuel properties.
(b) The state board, in consultation with the State Department of
Health Services, is evaluating the potential carcinogenic effects of
specific constituents of diesel exhaust. Diesel exhaust is known to
include, as constituents, many substances known or suspected to be
toxic air contaminants.
(c) The Environmental Protection Agency has agreed to study the
health effects of various fuels, including diesel, to determine the
relative impacts on public health and the environment.
(d) Notwithstanding the ongoing study and review, reduction of
emissions from diesel powered vehicles, to the maximum extent
feasible, is in the best interests of air quality and public health.
43700.1. (a) The state board shall convene a panel of interested
parties to develop a test protocol for the evaluation of California
Air Resources Board (CARB) diesel fuel, and to recommend to the
executive officer of the state board a subsequent test program that
measures the emissions benefits of CARB diesel fuel.
(b) No later than December 31, 2007, the state board shall
complete the test program described in subdivision (a), and shall
submit the results of the test program to the Senate Committee on
Environmental Quality, the Senate Committe on Transportation and
Housing, and the Assembly Committee on Transportation.
43701. (a) 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, shall, after a public
hearing, adopt regulations that require that owners or operators of
heavy-duty diesel motor vehicles perform regular inspections of their
vehicles for excessive emissions of smoke. The inspection procedure,
the frequency of inspections, the emission standards for smoke, and
the actions the vehicle owner or operator is required to take to
remedy excessive smoke emissions 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).
(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 which 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 vehicle's 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 engine's
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 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 engine's model-year at the
time it was manufactured.
43702. (a) Any revenues received by the state board from any
variance fees imposed upon manufacturers who receive a variance from
the standards for the content of diesel fuel adopted by the state
board, which apply on and after October 1, 1993, shall be deposited
in the Diesel Fuel Trust Fund, which is hereby created in the State
Treasury. The money in the trust fund may be expended only upon
appropriation by the Legislature in accordance with subdivisions (b)
and (c).
(b) The money in the Diesel Fuel Trust Fund shall be expended to
reimburse owners of diesel fuel-powered engines and diesel
fuel-powered equipment for damage to fuel injection system elastomer
components which can be established as the result of the use of the
diesel fuel and which is damage that is not the responsibility of the
manufacturer.
(c) The state board shall develop and implement, by November 30,
1994, a reimbursement program to include all of the following:
(1) An application for reimbursement claims, to be submitted to
the state board, that requires documentation that supports a claim of
damage to diesel fuel injection system elastomer components. The
documentation shall consist of repair records from an authorized
engine repair business or fleet repair facility which verify that
diesel fuel injection system elastomer component damage occurred on
and after September 1, 1993, and that the failure occurred as the
result of diesel fuel which met the standards for the content of
diesel fuel adopted by the state board, which applied on and after
October 1, 1993.
(2) Claimants shall demonstrate evidence of ownership of a vehicle
or equipment for which damage is claimed by providing copies of
ownership records.
(3) Claimants with valid claims shall be reimbursed for the cost
of repairs up to a maximum amount for each of the following two
classes of vehicle or equipment, as follows:
(A) Owners of light-duty vehicles, small marine engines, and
stationary units, including, but not limited to, utility engines,
compressors, pumps, and generators, shall be reimbursed for damage
not exceeding four hundred fifty dollars ($450) for each claim.
(B) Owners of heavy-duty onroad vehicles and offroad agricultural
and construction equipment shall be reimbursed for damage not
exceeding five hundred fifty dollars ($550) for each claim.
(4) Claimants shall be limited to one claim for each vehicle or
equipment unit.
(5) The state board shall develop an audit component within the
reimbursement program to identify fraudulent claims.
(6) All applications for claims shall be postmarked not later than
midnight, March 1, 1995. Applications arriving after that deadline
are invalid and shall be returned to the sender.
(7) The state board shall not pay any claims until all claims have
been reviewed and the state board can make a reasonable estimate of
the total amount of valid claims. If the amount exceeds the amount of
money in the Diesel Fuel Trust Fund, reimbursement for valid claims
shall be prorated in each class specified in paragraph (3).
(8) The state board shall give notice of the reimbursement program
by publication in major newspapers of general circulation in the
state. That notice shall fully describe the reimbursement program,
including, but not limited to, the limits of reimbursement and the
possible proration of claims in the event that valid claims exceed
the amount of money in the Diesel Fuel Trust Fund.
(9) The state board may expend an amount not to exceed three
hundred thousand dollars ($300,000) from the Diesel Fuel Trust Fund
to administer the reimbursement program.
(10) The state board may contract with a private mediation firm to
review and adjudicate claims.
(11) The state board may adopt guidelines for administering the
reimbursement program after providing adequate opportunity for public
review and comment. Guidelines adopted by the state board pursuant
to this paragraph shall be exempt from Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) The Legislature hereby finds and declares that the
reimbursement program shall not be considered to be mitigation for
the impacts of the standards adopted by the state board for the
formulation of diesel fuel, and by the enactment of this section, the
state is not thereby assuming any responsibility for mitigating
impacts on operators of diesel vehicles or equipment arising from the
implementation of the standards. The Legislature further finds and
declares that the reimbursement program is a proper use of public
funds and serves a necessary public purpose.
43704. Any person who violates Section 2485 of Title 13 of the
California Code of Regulations is subject to a minimum civil penalty
of three hundred dollars ($300).
43700. The Legislature finds and declares all of the following:
(a) Significant reductions in diesel emissions from existing
vehicles can be achieved by the adoption of stricter diesel fuel
specifications on sulfur, aromatics, and other fuel properties.
(b) The state board, in consultation with the State Department of
Health Services, is evaluating the potential carcinogenic effects of
specific constituents of diesel exhaust. Diesel exhaust is known to
include, as constituents, many substances known or suspected to be
toxic air contaminants.
(c) The Environmental Protection Agency has agreed to study the
health effects of various fuels, including diesel, to determine the
relative impacts on public health and the environment.
(d) Notwithstanding the ongoing study and review, reduction of
emissions from diesel powered vehicles, to the maximum extent
feasible, is in the best interests of air quality and public health.
43700.1. (a) The state board shall convene a panel of interested
parties to develop a test protocol for the evaluation of California
Air Resources Board (CARB) diesel fuel, and to recommend to the
executive officer of the state board a subsequent test program that
measures the emissions benefits of CARB diesel fuel.
(b) No later than December 31, 2007, the state board shall
complete the test program described in subdivision (a), and shall
submit the results of the test program to the Senate Committee on
Environmental Quality, the Senate Committe on Transportation and
Housing, and the Assembly Committee on Transportation.
43701. (a) 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, shall, after a public
hearing, adopt regulations that require that owners or operators of
heavy-duty diesel motor vehicles perform regular inspections of their
vehicles for excessive emissions of smoke. The inspection procedure,
the frequency of inspections, the emission standards for smoke, and
the actions the vehicle owner or operator is required to take to
remedy excessive smoke emissions 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).
(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 which 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 vehicle's 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 engine's
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 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 engine's model-year at the
time it was manufactured.
43702. (a) Any revenues received by the state board from any
variance fees imposed upon manufacturers who receive a variance from
the standards for the content of diesel fuel adopted by the state
board, which apply on and after October 1, 1993, shall be deposited
in the Diesel Fuel Trust Fund, which is hereby created in the State
Treasury. The money in the trust fund may be expended only upon
appropriation by the Legislature in accordance with subdivisions (b)
and (c).
(b) The money in the Diesel Fuel Trust Fund shall be expended to
reimburse owners of diesel fuel-powered engines and diesel
fuel-powered equipment for damage to fuel injection system elastomer
components which can be established as the result of the use of the
diesel fuel and which is damage that is not the responsibility of the
manufacturer.
(c) The state board shall develop and implement, by November 30,
1994, a reimbursement program to include all of the following:
(1) An application for reimbursement claims, to be submitted to
the state board, that requires documentation that supports a claim of
damage to diesel fuel injection system elastomer components. The
documentation shall consist of repair records from an authorized
engine repair business or fleet repair facility which verify that
diesel fuel injection system elastomer component damage occurred on
and after September 1, 1993, and that the failure occurred as the
result of diesel fuel which met the standards for the content of
diesel fuel adopted by the state board, which applied on and after
October 1, 1993.
(2) Claimants shall demonstrate evidence of ownership of a vehicle
or equipment for which damage is claimed by providing copies of
ownership records.
(3) Claimants with valid claims shall be reimbursed for the cost
of repairs up to a maximum amount for each of the following two
classes of vehicle or equipment, as follows:
(A) Owners of light-duty vehicles, small marine engines, and
stationary units, including, but not limited to, utility engines,
compressors, pumps, and generators, shall be reimbursed for damage
not exceeding four hundred fifty dollars ($450) for each claim.
(B) Owners of heavy-duty onroad vehicles and offroad agricultural
and construction equipment shall be reimbursed for damage not
exceeding five hundred fifty dollars ($550) for each claim.
(4) Claimants shall be limited to one claim for each vehicle or
equipment unit.
(5) The state board shall develop an audit component within the
reimbursement program to identify fraudulent claims.
(6) All applications for claims shall be postmarked not later than
midnight, March 1, 1995. Applications arriving after that deadline
are invalid and shall be returned to the sender.
(7) The state board shall not pay any claims until all claims have
been reviewed and the state board can make a reasonable estimate of
the total amount of valid claims. If the amount exceeds the amount of
money in the Diesel Fuel Trust Fund, reimbursement for valid claims
shall be prorated in each class specified in paragraph (3).
(8) The state board shall give notice of the reimbursement program
by publication in major newspapers of general circulation in the
state. That notice shall fully describe the reimbursement program,
including, but not limited to, the limits of reimbursement and the
possible proration of claims in the event that valid claims exceed
the amount of money in the Diesel Fuel Trust Fund.
(9) The state board may expend an amount not to exceed three
hundred thousand dollars ($300,000) from the Diesel Fuel Trust Fund
to administer the reimbursement program.
(10) The state board may contract with a private mediation firm to
review and adjudicate claims.
(11) The state board may adopt guidelines for administering the
reimbursement program after providing adequate opportunity for public
review and comment. Guidelines adopted by the state board pursuant
to this paragraph shall be exempt from Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) The Legislature hereby finds and declares that the
reimbursement program shall not be considered to be mitigation for
the impacts of the standards adopted by the state board for the
formulation of diesel fuel, and by the enactment of this section, the
state is not thereby assuming any responsibility for mitigating
impacts on operators of diesel vehicles or equipment arising from the
implementation of the standards. The Legislature further finds and
declares that the reimbursement program is a proper use of public
funds and serves a necessary public purpose.
43704. Any person who violates Section 2485 of Title 13 of the
California Code of Regulations is subject to a minimum civil penalty
of three hundred dollars ($300).
