SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2019 - 2020 Regular

Bill No: SB 210

SUBJECT: Heavy-Duty Vehicle Inspections and Maintenance Program

DIGEST: This bill directs the Air Resources Board (ARB) to work in coordination with multiple state agencies in order to develop and implement a Heavy-Duty Inspection and Maintenance Program for non-gasoline, heavy-duty, on-road trucks.

ANALYSIS:

Existing law:

1. Establishes ARB as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and coordinate, encourage, and review the efforts of all levels of government as they affect air quality. (Health and Safety Code (HSC) §39500 et seq.)
   
2. Establishes the Motor Vehicle Inspection Program, commonly known as the smog check program, to help the state meet federal air quality standards, for vehicles under 14,000 pounds. (HSC §44000 et seq.)
   
3. Establishes the Department of Motor Vehicles (DMV) to, among other things, register vehicles for operation in the state. (Vehicle Code §1500 et seq.)
   

This bill:

1. Requires ARB to adopt and implement a regulation for a Heavy-Duty Vehicle Inspection and Maintenance Program (HDVIMP) for non-gasoline, heavy-duty, on-road motor vehicles with a gross vehicle weight rating of more than 14,000 pounds, as specified.
   
2. Allows ARB to establish licensing standards for persons engaged in the business of the inspection, diagnosis, and repair of heavy-duty motor vehicles and qualification standards for approval, operational, or licensure standards for testing vehicle equipment, as specified.
   
3. Requires ARB to develop a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate with specified information.
   
4. Requires ARB to issue a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate to vehicle owners and operators, and requires vehicle owners to keep that certificate of compliance with the vehicle and present it to a peace officer upon demand, as specified.
   
5. Requires ARB to request a permit to deploy equipment on the state highway system, as specified, and requires the Department of Transportation to provide ARB assistance in the permitting process when a permit request is denied, as specified.
   
6. Allows specified state agencies to provide any necessary information to help facilitate the installation of equipment necessary to implement HDVIMP, as well as develop initiatives for outreach and education to help ensure compliance with HDVIMP.
   
7. Applies existing practices to HDVIMP, allowing ARB to inspect vehicles in conjunction with the safety and weight enforcement activities of the Department of the California Highway Patrol or at other locations selected by ARB, as specified.
   
8. Allows ARB to (a) issue a citation to the owner of a vehicle not in compliance with HDVIMP, as specified, and (b) require the owner of a cited vehicle to correct every deficiency specified in the citation within a timeframe determined by ARB, with vehicles used solely for agricultural operations having a period no less than 75 days to do so.
   
9. Specifies that a cited vehicle shall not be prohibited from use while the deficiencies are being corrected unless it is determined that the vehicle’s emission controls were willfully tampered with, including the vehicle’s onboard diagnostics system.
   
10. Requires ARB to provide an owner cited as violating HDVIMP an opportunity for an administrative hearing, as specified, and allows ARB to apply to the

Superior Court for the County of Sacramento for a judgment in the amount of the penalty determined at the administrative hearing, as specified.

1. Requires ARB to provide mechanisms for out-of-state owners of heavy-duty vehicles to establish and verify compliance prior to entering the state, as specified.
   
2. Requires ARB, to sunset requirements of the Periodic Smoke Inspection Program in Chapter 3.6 (commencing with Section 2190) of Division 3 of Title 13 of the California Code of Regulations, as specified.
   
3. Requires ARB, within four years following full implementation of the Heavy-Duty Vehicle Inspection and Maintenance Program, to provide two biennial reports on its internet website, as specified.
   
4. Requires ARB to assess a fee, not to exceed thirty dollars to fund HDVIMP and deposit those moneys into the Truck Emissions Check Fund (TECF) established by the bill, specifies that moneys in TECF are available to ARB upon appropriation by the Legislature, specifies that the fee must be limited to covering the costs of the program and equitably distributed among feepayers, specifies the fee and maximum amount allowable shall be adjusted based on the California Consumer Price Index annually, and requires ARB to submit any proposed schedule of fees to specified Legislative Committees 60 days prior to adopting any rule or regulation to implement HDVIMP.
   
5. Requires ARB to implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into HDVIMP, as specified, with accompanying reporting requirements to the transportation and environmental committees of the Legislature, as specified.
   
6. Requires DMV, no later than one year after the effective date of a regulation implementing HDVIMP, to confirm, prior to the initial registration, the transfer of ownership, or the renewal of registration, that a vehicle is compliant with, or exempt from, HDVIMP, with specified and limited exceptions.
   
7. Requires ARB to notify DMV of the motor vehicles subject to HDVIMP that are allowed to be registered.
   
8. Allows DMV to issue a temporary permit to operate a vehicle for which

registration may be refused due to being out of compliance with HDVIMP, as specified.

1. Prohibits DMV from issuing a temporary permit pursuant to operate a vehicle unless there is sufficient evidence that the vehicle has failed its most recent inspection pursuant to HDVIMP.
   
2. Specifies that only one temporary permit may be issued for any vehicle, unless otherwise approved by ARB.
   
3. Specifies that a temporary permit is valid for either 60 days after the expiration of the registration of the vehicle or 60 days after the date that vehicle is removed from nonoperation, whichever is applicable at the time the temporary permit is issued.
   
4. Specifies that a fee of $50, adjusted annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, shall be paid for a temporary permit.
   
5. Requires DMV to deduct its administrative costs from the $50 fee and then deposit the remainder in the TECF.
   
6. Prohibits the operation of a non-gasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated on a public road if that vehicle has an illuminated malfunction indicator light, as specified, and makes a violation of that prohibition subject to what is commonly referred to as a “fix-it ticket.”
   
7. Specifies that a vehicle found in violation of this section has 45 days to correct the violation and cannot be prohibited from use during this time, unless it is determined that the vehicle’s emission controls were willfully tampered with, including the vehicle’s onboard diagnostics system.
8. Specifies that a peace officer shall not stop a vehicle solely on the suspicion that it is being operated with an illuminated malfunction indicator light.
9. Prohibits a non-gasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated in a manner that results in the escape of visible smoke, as specified.

Background

1. Health impacts of air pollution. When not adequately controlled, air pollution has dire consequences on the health and safety of both people and the environment. Poor air quality causes the lungs to constrict, resulting in wheezing, shortness of breath and chest tightness, especially during exercise or physical activity.
   
   It is well known that air pollution causes asthma. According to the Centers for Disease Control and Prevention, nationwide 7.4% of adults and 8.6% of children have been diagnosed with asthma. In California, the numbers are significantly higher: 13.1% of adults and 12.5% of children have been diagnosed with asthma. Lower income and minority groups are disproportionately affected by asthma due to their increased exposure to air pollution.
   
   Depending on exposure, air pollution alone can cause an increased risk of cardiovascular and respiratory illness, lung disease, cancerous tumors, birth defects, premature births, developmental disorders, central nervous system damage, intellectual disability, persistent memory impairments, epilepsy, dementia, and premature death.
   
   The Lancet, a U.K.-based medical journal, published that 9 million people died in 2015 from all sources of pollution, which cost $4.6 trillion in economic damage. Air pollution accounted for approximately 6.5 million of the 9 million deaths.
   
   A June 2017 study published by Harvard researchers in the New England Journal of Medicine found that there is no safe level of long-term exposure to Particulate Matter (PM) 2.5 (PM that is less than 2.5 micrometers in diameter) and ozone below which there is no risk of premature death. The study followed over 60 million Americans over 65 years old for seven years. Two studies from September and November of 2018 published in the journals Environmental Epidemiology and JAMA Pediatrics, respectively, suggest that rising autism rates might be connected at least in part to air pollution from traffic. They are not the first to show a link between exposure to pollutants during pregnancy and the diagnosis of autism spectrum disorders, but both studies looked at large populations and found a link with relatively low levels of pollutants. An April 2018 study published in PLOS ONE found that long-term exposure to ambient air pollution was a risk factor of a wide range of potential mental health disorders.
   
2. Health effects of diesel exhaust. Diesel exhaust is produced when an engine burns diesel fuel. It is a complex mixture of thousands of gases and fine particles (commonly known as soot) that contains more than 40 toxic air contaminants. These include many known or suspected cancer-causing substances, such as benzene, arsenic and formaldehyde. It also contains other harmful pollutants, including nitrogen oxides (a component of smog).
   
   In 1998, the California Environmental Protection Agency’s (CalEPA) Office of Environmental Health Hazard Assessment (OEHHA) completed a comprehensive health assessment of diesel exhaust. This assessment formed the basis for a decision by ARB to formally identify particles in diesel exhaust as a toxic air contaminant that may pose a threat to human health.
   
   Diesel engines are a major source of PM. The elderly and people with emphysema, asthma, and chronic heart and lung disease are especially sensitive to PM. Numerous studies have linked elevated particle levels in the air to increased hospital admissions, emergency room visits, asthma attacks and premature deaths among those suffering from respiratory problems. Because children’s lungs and respiratory systems are still developing, they are also more susceptible than healthy adults to fine particles. Exposure to PM is associated with increased frequency of childhood illnesses and can also reduce lung function in children.
   
   Diesel exhaust and many individual substances contained in it have the potential to contribute to mutations in cells that can lead to cancer. In fact, long-term exposure to diesel exhaust particles poses the highest cancer risk of any toxic air contaminant evaluated by OEHHA.
   
3. California’s Smog Check Program. The purpose of the state’s Smog Check Program is to reduce air pollution from vehicles by making sure that cars with excessive emissions are repaired in accordance with federal and state requirements. The program is a joint effort between ARB, the Bureau of Automotive Repair (BAR), and DMV.
   
   With some exceptions, gasoline- and diesel-powered vehicles, hybrid vehicles, and alternative-fuel vehicles that are model year 1976 and newer require a smog check. A smog inspection consists of a tailpipe emission test and an inspection of a vehicle’s on-board diagnostic II (OBD II). The tailpipe emission test is a visual inspection in which the technician checks for blue or black smoke emitting from the tailpipe. As long as there is no blue or black exhaust, the vehicle passes this part of the smog inspection. The OBD II test requires the inspector to attach vehicle components to a smog check machine and run the test for certain codes. An OBD II system independently monitors the performance of a vehicle’s emission control system and relays that information to the smog check machine. If the vehicle components pass each code, then the vehicle passes this part of the smog inspection.
   
   California’s existing Smog Check Program does not apply to heavy-duty vehicles over 14,000 pounds.
   

Comments

1. Purpose of Bill. According to the author, “SB 210 is a critical next step to reduce pollution from the many big diesel trucks that travel on the roads and highways across California. Applying similar responsibilities to truck operators to maintain their emission controls, just like we already require for everyone else, is common sense.
   
   “As new trucks with modern technology hit the roads, we have a unique opportunity to ensure long lasting air quality improvements and improve the competitiveness of the California trucking industry. SB 210 can be a real win-win for California residents and the air we breathe.
   
   “The Los Angeles / Inland Empire, San Diego / Border, Bay Area and Central Valley trade corridors are vital transportation links to the rest of the nation and are impacted daily by truck congestion and rail traffic. An ongoing issue along these corridors is large truck congestion and particulate matter pollution from the constant truck traffic and idling on our streets and freeways. Current opacity tests are not enough to ensure that heavy-duty trucks are operating cleanly and efficiently.
   
   “SB 210 acknowledges the investments made by the trucking industry to upgrade truck fleets and leverages this investment to create improved time and cost efficient compliance measures.”
   
2. Changes since last Senate hearing. Assembly amendments added exemptions for two more specified categories of vehicles, gave vehicles used solely for agricultural operations 75 days of continued use to correct deficiencies, capped the compliance fee at $30 (to be adjusted annually based on the California Consumer Price Index) for at least one compliance option, and specified committees of the Legislature that would receive draft rules and regulations.
   
   Heavy-duty trucks play an essential role in California commerce, but they also emit substantial criteria pollutants. Since introduction, SB 210 has confronted both sides of that delicate balance. The changes made since the measure was last heard in the Senate have addressed important concerns about the vital role of heavy-duty trucks in agriculture and military applications, and about the role fees must play in funding the program. With these changes, SB 210 still creates a first-of-its-kind system to address smog contributions by heavy-duty trucks.
   
   

SOURCE:

Author

SUPPORT:

350 Bay Area Action
350 Riverside
Alliance of Nurses for Healthy Environments
American Cancer Society Cancer Action Network Inc.
American Heart Association
American Lung Association in California
Army, Navy, Air Force, and Marine Corps installations in the State of California
Bay Area Air Quality Management District
Breast Cancer Prevention Partners
Breathe California
Breathe California Sacramento Region
California Bicycle Coalition
California Conference of Directors of Environmental Health
California Council for Environmental and Economic Balance
California Environmental Justice Alliance
California Health Care Climate Alliance
California Interfaith Power & Light
California League of Conservation Voters
California Natural Gas Vehicle Coalition
California Public Health Association - North
CALSTART Inc.
Center for Climate Change & Health
Ceres, Inc.
City of West Hollywood
Clean Energy
Coalition for Clean Air
Community Action to Fight Asthma
Cummins Westport Inc.
Dignity Health 
Diocese of California
Environment California
Environmental Defense Fund
Environmental Working Group
Family Allergy Asthma Clinic (Fresno)
Fossil Free California
Friends Committee on Legislation of California
Green the Church
Health Care Without Harm
Interfaith Climate Action Network of Contra Costa County
Long Beach Alliance for Children With Asthma
Lutheran Office of Public Policy
Lutherans Restoring Creation
Maternal and Child Health Access
Motiv Power Systems
National Parks Conservation Association
NextGen California
NRDC
Physicians for Social Responsibility - Sacramento Chapter
Physicians for Social Responsibility - San Francisco Bay Area Chapter
Prevention Institute
Public Health Institute
Regional Asthma Management & Prevention
San Bernardino County Transportation Authority
San Francisco Asthma Task Force
Sierra Club California
South Coast Air Quality Management District
St. John's Well Child & Family Center
Union of Concerned Scientists
Unitarian Universalist Ministry for Earth
Voices for Progress

OPPOSITION:

California Cattlemen's Association

California Farm Bureau Federation

California Fuels and Convenience Alliance

California Municipal Utilities Association

Sacramento Regional Builders Exchange

Western States Trucking Association

ARGUMENTS IN SUPPORT: Many environmental, public health, and air quality groups writing in support of this bill state, "SB 210 is a very important measure that is good for our air, climate and health and levels the playing field for owners and operators who take the time and spend the money to keep their trucks in compliance with state emission regulations. We believe this system would allow the vast majority of truckers to pass without difficulty, while it would require improvements from the small fraction of vehicles that generate most of the pollution."

ARGUMENTS IN OPPOSITION: The Farm Bureau states they are "concerned with the impacts this bill will have on trucks licensed as Special Equipment (SE) and trucks complying with the low-use compliance option. SE plated equipment is generally not legally allowed to operate on California roads except for very specific purposes and very short distances. Driving SE plated trucks to facilities to test that their emissions equipment is properly functioning would be in violation of their license and registration. Additionally, low-use trucks are only allowed to be driven 1,000 miles annually to remain in compliance with the Diesel Truck and Bus Rule. For trucks located in rural areas, they may use up to 25 percent of their annual miles driving to the nearest testing facility."

-- END --

 UNFINISHED BUSINESS  

Bill No: SB 210

Author: Leyva (D), et al.

Amended: 9/6/19

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 3/20/19

AYES: Allen, Hill, Skinner, Stern, Wieckowski

NOES: Bates, Stone

SENATE TRANSPORTATION COMMITTEE: 8-3, 4/23/19

AYES: Beall, Dodd, McGuire, Roth, Rubio, Skinner, Umberg, Wieckowski

NOES: Bates, Morrell, Stone

NO VOTE RECORDED: Galgiani

SENATE APPROPRIATIONS COMMITTEE: 4-2, 5/16/19

AYES: Portantino, Bradford, Hill, Wieckowski

NOES: Bates, Jones

SENATE FLOOR: 27-10, 5/29/19

AYES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Dodd, Durazo, Glazer, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener

NOES: Bates, Borgeas, Chang, Grove, Jones, Moorlach, Morrell, Nielsen, Stone, Wilk

NO VOTE RECORDED: Galgiani

SENATE ENVIRONMENTAL QUAL. COMMITTEE: 5-2, 9/12/19 (Pursuant to Senate Rule 29.10)

AYES: Allen, Hill, Skinner, Stern, Wieckowski

NOES: Bates, Dahle

ASSEMBLY FLOOR: 51-19, 9/10/19 - See last page for vote

SUBJECT: Heavy-Duty Vehicle Inspection and Maintenance Program

SOURCE: Author

DIGEST:

This bill directs the Air Resources Board (ARB) to work in coordination with multiple state agencies in order to develop and implement a Heavy-Duty Inspection and Maintenance Program for non-gasoline, heavy-duty, on-road trucks.

Assembly Amendments

add exemptions for two more specified categories of vehicles, give vehicles used solely for agricultural operations 75 days of continued use to correct deficiencies, cap the compliance fee at $30 (to be adjusted annually based on the California Consumer Price Index) for at least one compliance option, and specify committees of the Legislature that would receive draft rules and regulations.

ANALYSIS:

Existing law:

1. Establishes ARB as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and coordinate, encourage, and review the efforts of all levels of government as they affect air quality. (Health and Safety Code (HSC) §39500 et seq.)
   
2. Establishes the Motor Vehicle Inspection Program, commonly known as the smog check program, to help the state meet federal air quality standards, for vehicles under 14,000 pounds. (HSC §44000 et seq.)
   
3. Establishes the Department of Motor Vehicles (DMV) to, among other things, register vehicles for operation in the state. (Vehicle Code §1500 et seq.)
   

This bill:

1. Requires ARB to adopt and implement a regulation for a Heavy-Duty Vehicle Inspection and Maintenance Program (HDVIMP) for non-gasoline, heavy-duty, on-road motor vehicles with a gross vehicle weight rating of more than 14,000 pounds, as specified.
   
2. Allows ARB to establish licensing standards for persons engaged in the business of the inspection, diagnosis, and repair of heavy-duty motor vehicles and qualification standards for approval, operational, or licensure standards for testing vehicle equipment, as specified.
   
3. Requires ARB to develop a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate with specified information.
   
4. Requires ARB to issue a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate to vehicle owners and operators, and requires vehicle owners to keep that certificate of compliance with the vehicle and present it to a peace officer upon demand, as specified.
   
5. Requires ARB to request a permit to deploy equipment on the state highway system, as specified, and requires the Department of Transportation to provide ARB assistance in the permitting process when a permit request is denied, as specified.
   
6. Allows specified state agencies to provide any necessary information to help facilitate the installation of equipment necessary to implement HDVIMP, as well as develop initiatives for outreach and education to help ensure compliance with HDVIMP.
   
7. Applies existing practices to HDVIMP, allowing ARB to inspect vehicles in conjunction with the safety and weight enforcement activities of the Department of the California Highway Patrol or at other locations selected by ARB, as specified.
   
8. Allows ARB to (a) issue a citation to the owner of a vehicle not in compliance with HDVIMP, as specified, and (b) require the owner of a cited vehicle to correct every deficiency specified in the citation within a timeframe determined by ARB, with vehicles used solely for agricultural operations having a period no less than 75 days to do so.
   
9. Specifies that a cited vehicle shall not be prohibited from use while the deficiencies are being corrected unless it is determined that the vehicle’s emission controls were willfully tampered with, including the vehicle’s onboard diagnostics system.
   
10. Requires ARB to provide an owner cited as violating HDVIMP an opportunity for an administrative hearing, as specified, and allows ARB to apply to the

Superior Court for the County of Sacramento for a judgment in the amount of the penalty determined at the administrative hearing, as specified.

1. Requires ARB to provide mechanisms for out-of-state owners of heavy-duty vehicles to establish and verify compliance prior to entering the state, as specified.
   
2. Requires ARB, to sunset requirements of the Periodic Smoke Inspection Program in Chapter 3.6 (commencing with Section 2190) of Division 3 of Title 13 of the California Code of Regulations, as specified.
   
3. Requires ARB, within four years following full implementation of the Heavy-Duty Vehicle Inspection and Maintenance Program, to provide two biennial reports on its Internet Web site, as specified.
   
4. Requires ARB to assess a fee, not to exceed thirty dollars to fund HDVIMP and deposit those moneys into the Truck Emissions Check Fund (TECF) established by the bill, specifies that moneys in TECF are available to ARB upon appropriation by the Legislature, specifies that the fee must be limited to covering the costs of the program and equitably distributed among feepayers, specifies the fee and maximum amount allowable shall be adjusted based on the California Consumer Price Index annually, and requires ARB to submit any proposed schedule of fees to specified Legislative Committees 60 days prior to adopting any rule or regulation to implement HDVIMP.
   
5. Requires ARB to implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into HDVIMP, as specified, with accompanying reporting requirements to the transportation and environmental committees of the Legislature, as specified.
   
6. Requires DMV, no later than one year after the effective date of a regulation implementing HDVIMP, to confirm, prior to the initial registration, the transfer of ownership, or the renewal of registration, that a vehicle is compliant with, or exempt from, HDVIMP, with specified and limited exceptions.
   
7. Requires ARB to notify DMV of the motor vehicles subject to HDVIMP that are allowed to be registered.
   
8. Allows DMV to issue a temporary permit to operate a vehicle for which

registration may be refused due to being out of compliance with HDVIMP, as specified.

1. Prohibits DMV from issuing a temporary permit pursuant to operate a vehicle unless there is sufficient evidence that the vehicle has failed its most recent inspection pursuant to HDVIMP.
   
2. Specifies that only one temporary permit may be issued for any vehicle, unless otherwise approved by ARB.
   
3. Specifies that a temporary permit is valid for either 60 days after the expiration of the registration of the vehicle or 60 days after the date that vehicle is removed from nonoperation, whichever is applicable at the time the temporary permit is issued.
   
4. Specifies that a fee of $50, adjusted annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, shall be paid for a temporary permit.
   
5. Requires DMV to deduct its administrative costs from the $50 fee and then deposit the remainder in the TECF.
   
6. Prohibits the operation of a non-gasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated on a public road if that vehicle has an illuminated malfunction indicator light, as specified, and makes a violation of that prohibition subject to what is commonly referred to as a “fix-it ticket.”
   
7. Specifies that a vehicle found in violation of this section has 45 days to correct the violation and cannot be prohibited from use during this time, unless it is determined that the vehicle’s emission controls were willfully tampered with, including the vehicle’s onboard diagnostics system.
8. Specifies that a peace officer shall not stop a vehicle solely on the suspicion that it is being operated with an illuminated malfunction indicator light.
9. Prohibits a non-gasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated in a manner that results in the escape of visible smoke, as specified.

Background

California’s Smog Check Program. The purpose of the state’s Smog Check Program is to reduce air pollution from vehicles by making sure that cars with excessive emissions are repaired in accordance with federal and state requirements. The program is a joint effort between ARB, the Bureau of Automotive Repair (BAR), and DMV.

With some exceptions, gasoline- and diesel-powered vehicles, hybrid vehicles, and alternative-fuel vehicles that are model year 1976 and newer require a smog check. California’s existing Smog Check Program does not apply to heavy-duty vehicles over 14,000 pounds.

Comments

Purpose of Bill. According to the author, “SB 210 is a critical next step to reduce pollution from the many big diesel trucks that travel on the roads and highways across California. Applying similar responsibilities to truck operators to maintain their emission controls, just like we already require for everyone else, is common sense.

“As new trucks with modern technology hit the roads, we have a unique opportunity to ensure long lasting air quality improvements and improve the competitiveness of the California trucking industry. SB 210 can be a real win-win for California residents and the air we breathe.

“The Los Angeles / Inland Empire, San Diego / Border, Bay Area and Central Valley trade corridors are vital transportation links to the rest of the nation and are impacted daily by truck congestion and rail traffic. An ongoing issue along these corridors is large truck congestion and particulate matter pollution from the constant truck traffic and idling on our streets and freeways. Current opacity tests are not enough to ensure that heavy-duty trucks are operating cleanly and efficiently.

“SB 210 acknowledges the investments made by the trucking industry to upgrade truck fleets and leverages this investment to create improved time and cost efficient compliance measures.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee:

1. “Significant one-time and ongoing annual costs (special fund) to ARB to develop, implement and administer the program. ARB estimates an ongoing cost of approximately $10 million, based on costs to develop, implement and administer the existing light-duty smog-check program. However, ARB cautions this cost estimate is speculative because the heavy-duty smog-check-like program this bill would create would be the first of its kind in the nation.
2. “One-time costs of approximately $360,000 (Motor Vehicle Account) to the Department of Motor Vehicles (DMV) to program information technology systems to coordinate the department’s vehicle registration system with the HD VIMP program and establishing the new temporary permit to operate a heavy-duty vehicle. Ongoing Costs to DMV of approximately $900,000 (MVA) to clear transactions for vehicles that are non-compliant with HD VIMP, issue temporary operating permits and handle customer inquiries.
3. “One-time costs to of approximately $110,000 (special fund) to CHP to train officers on the requirements of the HD VIMP. Ongoing CHP costs of $9 million (special fund) to conduct HD VIMP inspections, assuming CHP inspects over half a million vehicles annually. Again, the committee should keep in mind HD VIMP’s actual costs, including CHP’s inspection costs, may differ from this estimate, depending upon the availability, and the program’s use of, technology.
4. “Annual fee revenue (special fund) of an amount sufficient to cover state agency costs to administer the HD VIMP, presuming the Legislature approves the fees ARB proposes to cover the costs of the program. Regarding DMV’s costs, the MVA has a deficit and cannot absorb new program costs without new fee revenue to offset the costs.
5. “Unknown costs to BAR.”

SUPPORT: (Verified 9/11/19)

350 Bay Area Action

350 Riverside

Alliance of Nurses for Healthy Environments

American Cancer Society Cancer Action Network Inc.

American Heart Association

American Lung Association in California

Army, Navy, Air Force, and Marine Corps installations in the State of California

Bay Area Air Quality Management District

Breast Cancer Prevention Partners

Breathe California

Breathe California Sacramento Region

California Bicycle Coalition

California Conference of Directors of Environmental Health

California Council for Environmental and Economic Balance

California Environmental Justice Alliance

California Health Care Climate Alliance

California Interfaith Power & Light

California League of Conservation Voters

California Natural Gas Vehicle Coalition

California Public Health Association – North

CALSTART Inc.

Center for Climate Change & Health

Ceres, Inc.

City of West Hollywood

Clean Energy

Coalition for Clean Air

Community Action to Fight Asthma

Cummins Westport Inc.

Dignity Health 

Diocese of California

Environment California

Environmental Defense Fund

Environmental Working Group

Family Allergy Asthma Clinic (Fresno)

Fossil Free California

Friends Committee on Legislation of California

Green the Church

Health Care Without Harm

Interfaith Climate Action Network of Contra Costa County

Long Beach Alliance for Children With Asthma

Lutheran Office of Public Policy

Lutherans Restoring Creation

Maternal and Child Health Access

Motiv Power Systems

National Parks Conservation Association

NextGen California

NRDC

Physicians for Social Responsibility - Sacramento Chapter

Physicians for Social Responsibility - San Francisco Bay Area Chapter

Prevention Institute

Public Health Institute

Regional Asthma Management & Prevention

San Bernardino County Transportation Authority

San Francisco Asthma Task Force

Sierra Club California

South Coast Air Quality Management District

St. John's Well Child & Family Center

Union of Concerned Scientists

Unitarian Universalist Ministry for Earth

Voices for Progress

OPPOSITION: (Verified 9/11/19)

California Cattlemen's Association
California Farm Bureau Federation
California Fuels and Convenience Alliance
California Municipal Utilities Association
Sacramento Regional Builders Exchange
Western States Trucking Association

ARGUMENTS IN SUPPORT: Many environmental, public health, and air quality groups writing in support of this bill state, "SB 210 is a very important measure that is good for our air, climate and health and levels the playing field for owners and operators who take the time and spend the money to keep their trucks in compliance with state emission regulations. We believe this system would allow the vast majority of truckers to pass without difficulty, while it would require improvements from the small fraction of vehicles that generate most of the pollution."

ARGUMENTS IN OPPOSITION: The California Farm Bureau states they are "concerned with the impacts this bill will have on trucks licensed as Special Equipment (SE) and trucks complying with the low-use compliance option. SE plated equipment is generally not legally allowed to operate on California roads except for very specific purposes and very short distances. Driving SE plated trucks to facilities to test that their emissions equipment is properly functioning would be in violation of their license and registration. Additionally, low-use trucks are only allowed to be driven 1,000 miles annually to remain in compliance with the Diesel Truck and Bus Rule. For trucks located in rural areas, they may use up to 25 percent of their annual miles driving to the nearest testing facility."

ASSEMBLY FLOOR: 51-19, 9/10/19

AYES: Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooley, Daly, Diep, Frazier, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, Low, Maienschein, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Ramos, Reyes, Luz Rivas, Rodriguez, Santiago, Smith, Mark Stone, Ting, Weber, Wicks, Wood, Rendon

NOES: Aguiar-Curry, Bigelow, Brough, Chen, Choi, Flora, Fong, Gallagher, Gray, Irwin, Kiley, Lackey, Mathis, Melendez, Obernolte, Patterson, Blanca Rubio, Voepel, Waldron

NO VOTE RECORDED: Arambula, Cooper, Cunningham, Eggman, Mayes, McCarty, Quirk-Silva, Robert Rivas, Salas

Prepared by: Eric Walters / E.Q. / (916) 651-4108

9/12/19 16:10:27

**** END ****

SENATE THIRD READING

STR Bill Id:SB 210

Author:(Leyva)

As Amended Ver:September 6, 2019

Majority vote

SUMMARY:

Requires the California Air Resources Board (ARB) to adopt and implement regulations for a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline, heavy-duty, on-road vehicles.

Major Provisions

1. Require ARB to implement, by an unspecified date, a pilot program that develops and demonstrates the technologies necessary to implement a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline, heavy-duty, on-road vehicles with a gross vehicle weight rating of more than 14,000 pounds, and report to the Legislature within two years of completion of the pilot program.
2. Direct ARB, no later than two years following the completion of the pilot program, to adopt and implement regulations for a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline, heavy-duty, on-road vehicles with a gross vehicle weight rating of more than 14,000 pounds. In adopting the regulation, ARB must:
3. Establish test procedures for different model years and technologies that measure the effectiveness of emission controls, such as utilizing onboard diagnostics systems;
4. Require a motor vehicle to pass the tests in order to register or operate in the state;
5. Establish program validation methods for evaluating program effectiveness;
6. Develop and implement enforcement methods to ensure continuing compliance;
7. Develop, in coordination with the California Department of Motor Vehicles (DMV), a database to collect and track vehicle test data, assess the data to determine compliance, and regularly generate lists of compliant vehicles in order for DMV to issue annual vehicle registration notices; and
8. Exempt from the regulation zero-emission vehicles, tactical military vehicles, certain specified emergency vehicles, and new vehicles certified to meet the most stringent optional reduced emissions of oxides of nitrogen standard for four years from the time inspections begin under the program.
9. Authorize ARB to assess a fee not to exceed $30 to fund the reasonable costs of implementing the Heavy-Duty Vehicle Inspection and Maintenance Program, and indexes the fee to the California Consumer Price Index.
10. Authorize ARB to inspect vehicles in conjunction with the safety and weight enforcement activities of the California Highway Patrol (CHP), cooperatively with CHP or independently, or contract for assistance in conducting inspections.
11. Authorizes ARB to issue citations to the owner of non-compliant vehicles, and may require the owner to correct every deficiency specified in the citation within 45 days, unless the vehicle is used exclusively in the conduct of agricultural purposes, in which case the owner may have 75 days to correct the deficiency.

COMMENTS:

For light-duty passenger vehicles, the state administers the Smog Check Program. With some exceptions, gasoline- and diesel-powered vehicles, hybrid vehicles, and alternative-fuel vehicles that are model year 1976 and newer require a smog check. A smog inspection consists of a tailpipe emission test and an inspection of a vehicle's on-board diagnostic II (OBD II). An OBD II system independently monitors the performance of a vehicle's emission control system and relays that information to the smog check machine. If the vehicle components pass each code, then the vehicle passes this part of the smog inspection. California's existing Smog Check Program does not apply to heavy-duty vehicles over 14,000 pounds.

This bill proposes to replace the existing Periodic Smoke Inspection Program (PSIP) with a smog check program for heavy-duty vehicles. As the existing Smog Check Program has led to significant improvements in emissions from the passenger vehicle sector, this new program is expected to likewise reduce heavy-duty vehicle emissions. The author states that, according to ARB estimates, between the years 2023 and 2031, this new program will remove 93,000 tons of NOx and 1,600 tons of PM 2.5, equivalent to taking 145,000 and 375,000 trucks off the roads in California respectively.

According to the Author:

"SB 210 is a critical next step to reduce pollution from the many big diesel trucks that travel on the roads and highways across California. Applying similar responsibilities to truck operators to maintain the emission controls throughout the life of their vehicles, just like we already require for everyone else, is common sense. SB 210 acknowledges the investments made by the California trucking industry to upgrade truck fleets and leverages this investment to create improved time and cost efficient compliance measures."

Arguments in Support:

Many environmental, public health, and air quality groups writing in support of this bill state, "SB 210 is a very important measure that is good for our air, climate and health and levels the playing field for owners and operators who take the time and spend the money to keep their trucks in compliance with state emission regulations. We believe this system would allow the vast majority of truckers to pass without difficulty, while it would require improvements from the small fraction of vehicles that generate most of the pollution."

Arguments in Opposition:

The Farm Bureau states they are "concerned with the impacts this bill will have on trucks licensed as Special Equipment (SE) and trucks complying with the low-use compliance option. SE plated equipment is generally not legally allowed to operate on California roads except for very specific purposes and very short distances. Driving SE plated trucks to facilities to test that their emissions equipment is properly functioning would be in violation of their license and registration. Additionally, low-use trucks are only allowed to be driven 1,000 miles annually to remain in compliance with the Diesel Truck and Bus Rule. For trucks located in rural areas, they may use up to 25 percent of their annual miles driving to the nearest testing facility."

FISCAL COMMENTS:

According to Assembly Appropriations Committee:

1. Significant one-time and ongoing annual costs (special fund) to ARB to develop, implement and administer the program. ARB estimates an ongoing cost of approximately $10 million, based on costs to develop, implement and administer the existing light-duty smog-check program. However, ARB cautions this cost estimate is speculative because the heavy-duty smog-check-like program this bill would create would be the first of its kind in the nation.
2. One-time costs of approximately $360,000 (Motor Vehicle Account) to the Department of Motor Vehicles (DMV) to program information technology systems to coordinate the department's vehicle registration system with the Heavy-duty Vehicle Inspection and Maintenance Program (HD VIMP) program and establishing the new temporary permit to operate a heavy-duty vehicle. Ongoing Costs to DMV of approximately $900,000 (MVA) to clear transactions for vehicles that are non-compliant with HD VIMP, issue temporary operating permits and handle customer inquiries.
3. One-time costs to of approximately $110,000 (special fund) to CHP to train officers on the requirements of the HD VIMP. Ongoing CHP costs of $9 million (special fund) to conduct HD VIMP inspections, assuming CHP inspects over half a million vehicles annually. Again, the committee should keep in mind HD VIMP's actual costs, including CHP's inspection costs, may differ from this estimate, depending upon the availability, and the program's use of, technology.
4. Annual fee revenue (special fund) of an amount sufficient to cover state agency costs to administer the HD VIMP.

5) Unknown costs to the Bureau of Automotive Repair.

VOTES:

SENATE FLOOR: 27-10-1

YES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Dodd, Durazo, Glazer, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener

NO: Bates, Borgeas, Chang, Grove, Jones, Moorlach, Morrell, Nielsen, Stone, Wilk

ABS, ABST OR NV: Galgiani

ASM TRANSPORTATION: 12-2-1

YES: Frazier, Aguiar-Curry, Berman, Chu, Daly, Diep, Friedman, Gipson, Grayson, Medina, Nazarian, O'Donnell

NO: Fong, Bigelow

ABS, ABST OR NV: Cunningham

ASM NATURAL RESOURCES: 8-3-0

YES: Friedman, Chau, Eggman, Cristina Garcia, Limón, McCarty, Muratsuchi, Mark Stone

NO: Flora, Mathis, Fong

ASM APPROPRIATIONS: 13-4-1

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow, Brough, Fong, Obernolte

ABS, ABST OR NV: Eggman

UPDATED:

VERSION: September 6, 2019

CONSULTANT: Eric Thronson / TRANS. / (916) 319-2093 FN: 0002016

SENATE THIRD READING

STR Bill Id:SB 210

Author:(Leyva)

As Amended Ver:September 3, 2019

Majority vote

SUMMARY:

Requires the California Air Resources Board (ARB) to adopt and implement regulations for a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline, heavy-duty, on-road vehicles.

Major Provisions

1. Requires ARB to implement, by an unspecified date, a pilot program that develops and demonstrates the technologies necessary to implement a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline, heavy-duty, on-road vehicles with a gross vehicle weight rating of more than 14,000 pounds, and report to the Legislature within two years of completion of the pilot program.
2. Directs ARB, no later than two years following the completion of the pilot program, to adopt and implement regulations for a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline, heavy-duty, on-road vehicles with a gross vehicle weight rating of more than 14,000 pounds. In adopting the regulation, ARB must:
3. Establish test procedures for different model years and technologies that measure the effectiveness of emission controls, such as utilizing onboard diagnostics systems;
4. Require a motor vehicle to pass the tests in order to register or operate in the state;
5. Establish program validation methods for evaluating program effectiveness;
6. Develop and implement enforcement methods to ensure continuing compliance;
7. Develop, in coordination with the California Department of Motor Vehicles (DMV), a database to collect and track vehicle test data, assess the data to determine compliance, and regularly generate lists of compliant vehicles in order for DMV to issue annual vehicle registration notices; and
8. Exempt from the regulation zero-emission vehicles, tactical military vehicles, certain specified emergency vehicles, and new vehicles certified to meet the most stringent optional reduced emissions of oxides of nitrogen standard for four years from the time inspections begin under the program.
9. Authorizes ARB to assess a fee not to exceed $30 to fund the reasonable costs of implementing the Heavy-Duty Vehicle Inspection and Maintenance Program, and indexes the fee to the California Consumer Price Index.
10. Authorizes ARB to inspect vehicles in conjunction with the safety and weight enforcement activities of the California Highway Patrol (CHP), cooperatively with CHP or independently, or contract for assistance in conducting inspections.
11. Authorizes ARB to issue citations to the owner of non-compliant vehicles, and may require the owner to correct every deficiency specified in the citation within 45 days, unless the vehicle is used exclusively in the conduct of agricultural purposes, in which case the owner may have 75 days to correct the deficiency.

COMMENTS:

For light-duty passenger vehicles, the state administers the Smog Check Program. With some exceptions, gasoline- and diesel-powered vehicles, hybrid vehicles, and alternative-fuel vehicles that are model year 1976 and newer require a smog check. A smog inspection consists of a tailpipe emission test and an inspection of a vehicle's on-board diagnostic II (OBD II). An OBD II system independently monitors the performance of a vehicle's emission control system and relays that information to the smog check machine. If the vehicle components pass each code, then the vehicle passes this part of the smog inspection. California's existing Smog Check Program does not apply to heavy-duty vehicles over 14,000 pounds.

This bill proposes to replace the existing Periodic Smoke Inspection Program (PSIP) with a smog check program for heavy-duty vehicles. As the existing Smog Check Program has led to significant improvements in emissions from the passenger vehicle sector, this new program is expected to likewise reduce heavy-duty vehicle emissions. The author states that, according to ARB estimates, between the years 2023 and 2031, this new program will remove 93,000 tons of NOx and 1,600 tons of PM 2.5, equivalent to taking 145,000 and 375,000 trucks off the roads in California respectively.

According to the Author:

"SB 210 is a critical next step to reduce pollution from the many big diesel trucks that travel on the roads and highways across California. Applying similar responsibilities to truck operators to maintain the emission controls throughout the life of their vehicles, just like we already require for everyone else, is common sense. SB 210 acknowledges the investments made by the California trucking industry to upgrade truck fleets and leverages this investment to create improved time and cost efficient compliance measures."

Arguments in Support:

Many environmental, public health, and air quality groups writing in support of this bill state, "SB 210 is a very important measure that is good for our air, climate and health and levels the playing field for owners and operators who take the time and spend the money to keep their trucks in compliance with state emission regulations. We believe this system would allow the vast majority of truckers to pass without difficulty, while it would require improvements from the small fraction of vehicles that generate most of the pollution."

Arguments in Opposition:

The Farm Bureau states they are "concerned with the impacts this bill will have on trucks licensed as Special Equipment (SE) and trucks complying with the low-use compliance option. SE plated equipment is generally not legally allowed to operate on California roads except for very specific purposes and very short distances. Driving SE plated trucks to facilities to test that their emissions equipment is properly functioning would be in violation of their license and registration. Additionally, low-use trucks are only allowed to be driven 1,000 miles annually to remain in compliance with the Diesel Truck and Bus Rule. For trucks located in rural areas, they may use up to 25% of their annual miles driving to the nearest testing facility."

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. Significant one-time and ongoing annual costs (special fund) to ARB to develop, implement and administer the program. ARB estimates an ongoing cost of approximately $10 million, based on costs to develop, implement and administer the existing light-duty smog-check program. However, ARB cautions this cost estimate is speculative because the heavy-duty smog-check-like program this bill would create would be the first of its kind in the nation.
2. One-time costs of approximately $360,000 (Motor Vehicle Account) to the Department of Motor Vehicles (DMV) to program information technology systems to coordinate the department's vehicle registration system with the HD VIMP program and establishing the new temporary permit to operate a heavy-duty vehicle. Ongoing Costs to DMV of approximately $900,000 (MVA) to clear transactions for vehicles that are non-compliant with HD VIMP, issue temporary operating permits and handle customer inquiries.
3. One-time costs to of approximately $110,000 (special fund) to CHP to train officers on the requirements of the HD VIMP. Ongoing CHP costs of $9 million (special fund) to conduct HD VIMP inspections, assuming CHP inspects over half a million vehicles annually. Again, the committee should keep in mind HD VIMP's actual costs, including CHP's inspection costs, may differ from this estimate, depending upon the availability, and the program's use of, technology.
4. Annual fee revenue (special fund) of an amount sufficient to cover state agency costs to administer the HD VIMP.
5. Unknown costs to the Bureau of Automotive Repair.

VOTES:

SENATE FLOOR: 27-10-1

YES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Dodd, Durazo, Glazer, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener

NO: Bates, Borgeas, Chang, Grove, Jones, Moorlach, Morrell, Nielsen, Stone, Wilk

ABS, ABST OR NV: Galgiani

ASM TRANSPORTATION: 12-2-1

YES: Frazier, Aguiar-Curry, Berman, Chu, Daly, Diep, Friedman, Gipson, Grayson, Medina, Nazarian, O'Donnell

NO: Fong, Bigelow

ABS, ABST OR NV: Cunningham

ASM NATURAL RESOURCES: 8-3-0

YES: Friedman, Chau, Eggman, Cristina Garcia, Limón, McCarty, Muratsuchi, Mark Stone

NO: Flora, Mathis, Fong

ASM APPROPRIATIONS: 13-4-1

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow, Brough, Fong, Obernolte

ABS, ABST OR NV: Eggman

UPDATED:

VERSION: September 3, 2019

CONSULTANT: Eric Thronson / TRANS. / (916) 319-2093 FN: 0001763

Date of Hearing: August 21, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 210

Author:(Leyva) – As Amended Ver:June 24, 2019

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill directs the Air Resources Board (ARB) to develop and implement regulations for a program, to be known as the Heavy-duty Vehicle Inspection and Maintenance Program (HD VIMP), of mandatory test procedures and certification to demonstrate heavy-duty vehicle compliance with emissions control technology standards.

Specifically, this bill:

1. Defines a “heavy-duty vehicle” as a nongasoline heavy-duty on-road motor vehicle with a gross weight of more than 14,000 pounds, as defined by ARB regulations.
2. Requires ARB—in consultation with the Bureau of Automotive Repair (BAR), the Department of Transportation (Caltrans), the Department of Motor Vehicles (DMV), the California Highway Patrol (CHP), other unnamed interested state agencies and stakeholders, and as part of a public process—to implement an HD VIMP pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into HD VIMP, and directs ARB, within two years of completion of the pilot program, to report specified information to the transportation and environmental committees of the Legislature.
3. Authorizes ARB to issue citations for a violation of HD VIMP regulations and requires ARB to offer the recipient of such a citation an opportunity for an administrative hearing.
4. No later than two years following completion of the pilot program, requires ARB—in consultation with BAR and DMV—to adopt and implement regulations for HD VIMP to (a) establish test procedures for different vehicle model years and emissions control technologies to measure the effectiveness of control of emissions of oxides of nitrogen (NOX) and particulate matter (PM) and, at ARB’s discretion, greenhouse gases (GHGs); (b) require a heavy-duty vehicle to pass the test procedures to operate in the state and allows ARB to establish exemptions based on cost of compliance and the relative value of the benefits of compliance; and (c) other specified elements, including mandatory exemptions for zero-emission vehicles (ZEVs), certain emergency vehicles and tactical vehicles operated by the military for testing and training and certain new vehicles four years from the time inspections began under HD VIMP.
5. Requires ARB to develop an HD VIMP compliance certificate, which the driver of a heavy-duty vehicle will need to present to a peace officer for examination upon demand.
6. No later than one year following the effective date of HD VIMP, requires ARB to confirm prior to initial registration, the transfer of ownership or the renewal of registration that a heavy-duty vehicle is compliant with, or exempt from HD VIMP.
7. Authorizes DMV to issue a 60-day temporary permit to operate a vehicle that failed its most-recent HD VIMP inspection, provided a $50 (adjusted annually by the California Consumer Price Index) temporary permit fee is paid, and requires DMV to deposit fee revenue, minus DMV’s administrative costs, into the Truck Emission Check (TEC) Fund for HD VIMP administrative purposes.
8. Authorizes ARB to assess a fee to fund the reasonable costs of administering the program, subject to submission and approval by the Legislature.
9. Requires all HD VIMP fee revenue be deposited in the TEC Fund and all HD VIMP penalty revenue be deposited in the Air Pollution Control Fund.

FISCAL EFFECT:

This bill creates a large-scale program that ARB notes would be the first of its kind in the nation. The cost estimates below are largely based on costs of the existing light-duty smog-check program and are meant to provide a sense of the magnitude of potential costs of the HD VIMP. However, the committee should keep in mind the cost estimates, while well founded, are speculative. Actual cost of program development and implementation may be greater or lesser, depending upon implementation details and technology development and deployment.

1. Significant one-time and ongoing annual costs (special fund) to ARB to develop, implement and administer the program. ARB estimates an ongoing cost of approximately $10 million, based on costs to develop, implement and administer the existing light-duty smog-check program. However, ARB cautions this cost estimate is speculative because the heavy-duty smog-check-like program this bill would create would be the first of its kind in the nation.
2. One-time costs of approximately $360,000 (Motor Vehicle Account) to the Department of Motor Vehicles (DMV) to program information technology systems to coordinate the department’s vehicle registration system with the HD VIMP program and establishing the new temporary permit to operate a heavy-duty vehicle. Ongoing Costs to DMV of approximately $900,000 (MVA) to clear transactions for vehicles that are non-compliant with HD VIMP, issue temporary operating permits and handle customer inquiries.
3. One-time costs to of approximately $110,000 (special fund) to CHP to train officers on the requirements of the HD VIMP. Ongoing CHP costs of $9 million (special fund) to conduct HD VIMP inspections, assuming CHP inspects over half a million vehicles annually. Again, the committee should keep in mind HD VIMP’s actual costs, including CHP’s inspection costs, may differ from this estimate, depending upon the availability, and the program’s use of, technology.
4. Annual fee revenue (special fund) of an amount sufficient to cover state agency costs to administer the HD VIMP, presuming the Legislature approves the fees ARB proposes to cover the costs of the program. Regarding DMV’s costs, the MVA has a deficit and cannot absorb new program costs without new fee revenue to offset the costs.
5. Unknown costs to BAR.

COMMENTS:

1. Background. Existing law provides for a smog-check program, in which nearly all smaller vehicles—that is, vehicles with an individual gross weight of less than 14,000 pounds—undergo periodic inspection to ensure they meet emissions standard. Many are surprised to learn the state has no parallel program for a heavy-duty vehicle, even though heavy-duty vehicles produce the majority of the state’s oxides of nitrogen (NOx) air pollution and its particulate matter (PM) air pollution. Rather, the ARB requires the owner or operator of heavy-duty diesel-powered vehicle to perform regular self-inspections (known as “smoke opacity tests”) of the vehicle’s emissions; this is known as “the Periodic Smoke Inspection Program” (PSIP). To enforce compliance with the PSIP, ARB may audit the inspection records of any heavy-duty diesel-powered vehicle at the owner’s or operator’s designated fleet location and may test vehicles for compliance with the PSIP. Soon—starting January 1, 2020—DMV will not register a heavy-duty vehicle unless it can confirm the vehicle complies with PSIP.
2. Purpose. While the author lauds the PSIP, the author nonetheless contends the state must go further to achieve its public health, air quality and climate goals. According to the author:

SB 210 is a critical next step to reduce pollution from the many big diesel trucks that travel on the roads and highways across California. Applying similar responsibilities to truck operators to maintain the emission controls throughout the life of their vehicles, just like we already require for everyone else, is common sense. As new trucks with modern technology hit the roads, we have a unique opportunity to ensure long lasting air quality improvements and improve the competitiveness of the California trucking industry….SB 210 acknowledges the investments made by the California trucking industry to upgrade truck fleets and leverages this investment to create improved time and cost efficient compliance measures.

1. Second Bite, or Reasonable Legislative Review? As noted above, the bill authorizes ARB to assess a fee to fund the reasonable costs of administering the program, subject to submission and approval by the Legislature. This analysis is unaware of a similar requirement that a regulatory agency to bring its proposed schedule of fees before the Legislature for ratification. Certainly, the requirement is unusual, if not unique. The Department of Finance, writing in opposition to this bill, contends the bill requires significant, costly work of ARB and other state agencies that ARB cannot support with existing resources; yet the bill does not provide ARB to authority to ensure it will recoup these costs through fee revenue.
2. A better approach may be, through discussions with ARB and affected stakeholders, to identify a maximum fee amount in the bill sufficient to cover ARB’s anticipated costs.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: July 8, 2019

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Laura Friedman, Chair

SBPCA Bill Id:SB 210

Author:(Leyva) – As Amended Ver:June 24, 2019

SENATE VOTE: 27-10

SUBJECT: Heavy-Duty Vehicle Inspection and Maintenance Program

SUMMARY: Requires the Air Resources Board (ARB) to adopt and implement regulations for a Heavy-Duty Vehicle Inspection and Maintenance Program (HDVIM Program) for non-gasoline, heavy-duty, on-road vehicles.

EXISTING LAW:

1. Establishes ARB as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources.
2. Establishes the Motor Vehicle Inspection Program for vehicles under 14,000 pounds, commonly known as the Smog Check Program, to help the state meet federal air quality standards, and requires owners to have their vehicles tested upon initial registration, transfer of ownership and biennially, with some exceptions.
3. Pursuant to ARB regulations, requires owners or operators of heavy-duty diesel-powered vehicles to perform regular self-inspections (smoke opacity tests) of their vehicles to control excessive smoke emissions from and tampering with heavy-duty diesel trucks and buses, known as the Periodic Smoke Inspection Program (PSIP).
4. Authorizes ARB to audit the inspection records of all heavy-duty diesel-powered vehicles at the owner/operator designated fleet location and to test vehicles for compliance with the PSIP.
5. Requires the Department of Motor Vehicles (DMV), starting on January 1, 2020, to confirm that heavy-duty vehicles with a gross vehicle weight rating of more than 14,000 pounds are compliant with ARB regulations before issuing a registration.

THIS BILL:

1. Makes findings and declarations.
2. Requires ARB to implement, by an unspecified date, a pilot program, of unspecified length, that develops and demonstrates the technologies necessary to implement an HDVIM Program for nongasoline, heavy-duty, on-road vehicles with a gross vehicle weight rating of more than 14,000 pounds, and report to the Legislature within two years of completion of the pilot program.
3. Directs ARB, no later than two years following the completion of the pilot program, to adopt and implement regulations for an HDVIM Program for nongasoline, heavy-duty, on-road vehicles with a gross vehicle weight rating of more than 14,000 pounds. In adopting the regulations, ARB must:
   1. Establish test procedures for different model years and technologies that measure the effectiveness of emission controls, such as utilizing onboard diagnostics systems;
   2. Require a motor vehicle to pass the tests in order to register or operate in the state;
   3. Establish program validation methods for evaluating program effectiveness;
   4. Develop and implement enforcement methods to ensure continuing compliance;
   5. Develop, in coordination with DMV, a database to collect and track vehicle test data, assess the data to determine compliance, and regularly generate lists of compliant vehicles in order for DMV to issue annual vehicle registration notices; and
   6. Exempt from the regulation zero-emission vehicles, tactical military vehicles, certain specified emergency vehicles, and new vehicles certified to meet the most stringent optional reduced emissions of oxides of nitrogen standard for four years from the time inspections begin under the program.
4. Requires ARB to assess a fee to fund the reasonable costs of implementing an HDVIM Program, limited exclusively to the costs of implementation, and only upon approval of the Legislature through the enactment of a statute establishing the fee schedule. Requires the ARB to submit a proposed schedule of fees by January 10, 2022.
5. Requires ARB to develop an HDVIM Compliance Certificate with specified information.
6. Authorizes ARB to inspect vehicles in conjunction with the safety and weight enforcement activities of the California Highway Patrol (CHP), cooperatively with CHP or independently, or contract for assistance in conducting inspections.
7. Authorizes ARB to issue citations (i.e., fix-it ticket) to the owner of non-compliant vehicles, and may require the owner to correct every deficiency specified in the citation not less than 45 days, unless the vehicle is used exclusively in the conduct of agricultural operations, in which case the owner may have not less than 75 days to correct the deficiency.
8. Specifies that a cited vehicle shall not be prohibited from use while the deficiencies are being corrected unless it is determined that the vehicle’s emission controls were willfully tampered with, including the vehicle’s onboard diagnostics system.
9. Requires ARB, upon implementation of an HDVIM Program, to do the following:
   1. Provide mechanisms for out-of-state owners of heavy-duty vehicles to comply with the program before entering the state;
   2. Sunset the requirements of PSIP; and
   3. Post on its website two biennial reports including discussions on enforcement, operational downtime, and an estimate of emissions reduced and cost-effectiveness.
10. Requires DMV to confirm compliance with an HDVIM Program prior to the initial registration, transfer of ownership, or registration renewal of any heavy-duty vehicle, as defined.
11. Allows DMV to issue a temporary permit to operate a vehicle for which registration may be refused due to being out of compliance with an HDVIM Program, with specified restrictions.
    1. Prohibits DMV from issuing a temporary permit unless there is sufficient evidence that the vehicle has failed its most recent inspection pursuant to an HDVIM Program.
    2. Specifies that only one temporary permit may be issued for any vehicle, unless otherwise approved by ARB.
    3. Specifies that a temporary permit is valid for either 60 days after the expiration of the registration of the vehicle or 60 days after the date that vehicle is removed from nonoperation, whichever is applicable at the time the temporary permit is issued.
12. Prohibits a nongasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated on a public road if that vehicle has an illuminated malfunction indicator light, or “check engine light.”
13. Prohibits a nongasoline heavy-duty onroad motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated in a manner resulting in the escape of visible smoke, except during active regeneration.

FISCAL EFFECT: According to the Senate Appropriations Committee, the fiscal impacts, and the timing of costs, are subject to a high degree of uncertainty since the pilot program and regulatory process will inform the parameters of a full HDVIM Program.

COMMENTS:

1. California’s Smog Check Program. The purpose of the state’s Smog Check Program is to reduce air pollution from vehicles by making sure that cars with excessive emissions are repaired in accordance with federal and state requirements. The program is a joint effort between ARB, the Bureau of Automotive Repair, and DMV.
   
   With some exceptions, gasoline- and diesel-powered vehicles, hybrid vehicles, and alternative-fuel vehicles that are model year 1976 and newer require a smog check. A smog inspection consists of a tailpipe emission test and an inspection of a vehicle’s on-board diagnostic II (OBD II). The tailpipe emission test is a visual inspection in which the technician checks for blue or black smoke emitting from the tailpipe. As long as there is no blue or black exhaust, the vehicle passes this part of the smog inspection. The OBD II test requires the inspector to attach vehicle components to a smog check machine and run the test for certain codes. An OBD II system independently monitors the performance of a vehicle’s emission control system and relays that information to the smog check machine. If the vehicle components pass each code, then the vehicle passes this part of the smog inspection.
   
   California’s existing Smog Check Program does not apply to heavy-duty vehicles over 14,000 pounds.
2. Heavy-duty vehicle emissions. Heavy-duty diesel vehicles with a gross vehicle weight rating over 14,000 pounds represent one of the largest sources of air pollution in California. Estimates from 2019 indicate that these vehicles contribute approximately 58 percent of the statewide on-road mobile source oxides of nitrogen (NOx) emissions and about 82 percent of the statewide on-road mobile source particulate matter (PM 2.5) emissions. In Southern California, air pollution from particulate emissions has been linked to over 2,000 “avoidable deaths” per year. According to the American Lung Association, nearly 90 percent of the pollution in Southern California comes from mobile sources. Even with modern emissions controls and on-board diagnostics (OBD) monitoring systems, heavy-duty diesel vehicles are responsible for the majority of onroad mobile source emissions due, in part, to broken emissions-related components.
3. Current heavy-duty vehicle inspection programs. Currently, there is no smog check-type program for heavy-duty vehicles to ensure their emissions control systems are functioning properly and repaired in a timely manner. ARB’s existing heavy-duty inspection programs – i.e., the Heavy-Duty Vehicle Inspection Program (HDVIP) and PSIP – rely on random field inspections by ARB staff and annual self-inspections by truck owners to test for smoke opacity levels.

HDVIP requires heavy-duty trucks and buses traveling in California, including vehicles registered in other states and foreign countries, to be inspected for excessive smoke and tampering, and engine certification label compliance. Tests are performed by ARB inspection teams at border crossings, CHP weigh stations, fleet facilities, and randomly selected roadside locations. Owners of trucks and buses found in violation are subject to minimum penalties starting at $300 per violation.

PSIP requires that diesel and bus fleet owners conduct annual smoke opacity inspections of their vehicles and repair those with excessive smoke emissions to ensure compliance. The ARB randomly audits fleets, maintenance and inspection records and tests a representative sample of vehicles. All vehicles that do not pass the test must be repaired and retested. A fleet owner that neglects to perform the annual smoke opacity inspection on applicable vehicles is subject to a penalty of $500 per vehicle, per year.

1. New enforcement authority. ARB adopted the Truck and Bus Rule in 2009, which aims to reduce air toxics and other criteria pollutants by ensuring that nearly every heavy-duty vehicle operated in California meets 2010 heavy-duty engine emission standards by 2023. Older engines must be retired or sold out of state unless they are operating under a low-use provision or only in select rural areas designated through the state. Pursuant to SB 1 (Beall), Chapter 5, Statutes of 2017, the DMV must check that vehicles are compliant with, or exempt from, ARB’s Truck and Bus Regulation. If a vehicle is not compliant with the rule, DMV will no longer register that vehicle, starting January 1, 2020.
2. In-use NOx emissions remain high. Current heavy-duty vehicle programs do not ensure that vehicle owners are regularly inspecting and repairing their vehicles’ broken emissions controls. A heavy-duty vehicle inspection and maintenance program is necessary to ensure that vehicles’ emissions control systems are operating as designed to meet California’s air quality and public health protection goals. The 2010 emissions standards require reductions of more than 90 percent emissions compared to the 2007 standards. However, emission controls must be working properly to maintain low emissions.

Recent data from the ARB has shown that NOx emissions are well above engine certification standards as many heavy-duty vehicles operate with malfunctioning emissions controls. ARB’s roadside data collection found that 11 percent of trucks had an illuminated check-engine light. Without repairs to keep emissions at certified levels, emissions have been shown to be at least two to three times higher.

ARB is currently exploring, through public workshop meetings, the development of a comprehensive Heavy-Duty Inspection and Maintenance Program (HD I/M Program) to ensure all vehicle emissions control systems are adequately maintained throughout the vehicles’ operating lives. This bill requires ARB to adopt and implement a smog-check program (HDVIM Program) for heavy-duty vehicles, as specified.

1. Author’s statement:

SB 210 is a critical next step to reduce pollution from the many big diesel trucks that travel on the roads and highways across California. Applying similar responsibilities to truck operators to maintain the emission controls throughout the life of their vehicles, just like we already require for everyone else, is common sense. As new trucks with modern technology hit the roads, we have a unique opportunity to ensure long lasting air quality improvements and improve the competitiveness of the California trucking industry. SB 210 can be a real win-win for California residents and the air we breathe. The Los Angeles / Inland Empire, San Diego / Border, Bay Area and Central Valley trade corridors are vital transportation links to the rest of the nation and are impacted daily by truck congestion and rail traffic.

SB 210 acknowledges the investments made by the California trucking industry to upgrade truck fleets and leverages this investment to create improved time and cost efficient compliance measures

1. Unspecified program dates and timelines. There is a lack of specificity about the dates and timelines for the pilot program specified in this bill. It is not clear when the program would start, nor is it clear how long a pilot program would be operated prior to a full HDVIM Program adoption. This uncertainty raises some serious concerns. The health impacts of air pollution from heavy-duty vehicles have been shown to be significant and persistent. Without clarity on when the full program will be adopted, the state’s most vulnerable populations do not have any assurances that the emissions from heavy-duty vehicles will be abated any time soon. The author may wish to clarify: i) a start and end date for the pilot program; and ii) a start date for the full HDVIM Program adoption.
2. Repeated citations. This bill authorizes the ARB to issue citations for vehicles that are in violation of HDVIM Program regulations. However, there is no limit on the number of citations that may be issued to the same vehicle repeatedly. Furthermore, it is not clear what enforcement authority is available for the ARB, or other state agencies, to address vehicles that have not made an effort to address the citation within the citation timeframe. This raises the concern that there may be insufficient direction and authority for ARB to enforce the program regulations.
3. Broad exemptions without sufficient merit. Recent amendments to the bill have extended the minimum citation timeframe to 75 days for vehicles used exclusively in conduct of agricultural operations. These amendments were directed to address concerns raised in opposition from the California Farm Bureau Federation and the California Cattlemen’s Association. However, this agriculture vehicle exemption may be too broad and allow vehicles even from large industrial farm fleets to stay non-compliant, especially if citations can be re-issued repeatedly. In addition, some of the parts of California with the worst air quality are also those with the highest concentration of heavy-duty agricultural freight traffic. These same areas have been unable to meet federal clean air standards. The author may wish to clarify how compliance will be assured and that this exemption is limited to vehicles that have demonstrated a specific need, e.g. those vehicles that are complying with ARB’s Truck and Bus Rule through the low-use compliance option.
4. Implementation is contingent on unspecified program fees. This bill would require ARB to submit, by January 10, 2022, an as yet unspecified fee schedule for implementing the HDVIM Program, which would then require the approval of the Legislature. Requiring state agencies to implement this smog-check program without a mechanism to assess a fee for the implementation raises the concern that the program would be ineffective. Pollution for heavy-duty vehicles is a major public health issue for the state’s residents, especially for disadvantaged communities that live in close proximity to heavily-trafficked freight corridors. A properly implemented and funded smog check program – that can strictly enforce compliance with state and federal emission standards – is necessary to ensure that heavy-duty vehicle emissions controls are in place and working effectively. As the bill moves forward, it is worth deliberation whether this bill achieves its intended purpose of ensuring greater emissions control compliance for heavy-duty vehicles, or if ARB’s existing authority may be sufficient to implement a program independently.
5. Related and previous legislation.

SB 44 (Skinner) requires ARB to update its 2016 mobile source strategy to include a comprehensive strategy for the deployment of medium duty and heavy-duty vehicles in the state. This bill is set to be heard in this committee on July 8, 2019.

SB 216 (Galgiani) expands the projects eligible for funding under the Carl Moyer Memorial Air Quality Standards Attainment Program to include a used heavy-duty truck exchange program. This bill is set to be heard in this committee on July 8, 2019.

SB 210 (Leyva, 2017) was nearly identical to this bill, requiring ARB to adopt and implement regulations for a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline, heavy-duty, on-road vehicles. SB 210 was referred to and not heard in the Assembly Transportation Committee.

1. Double referral. This bill was heard in the Assembly Transportation Committee on July 1^st. The vote was 12-2.

REGISTERED SUPPORT / OPPOSITION:

Support

350 Bay Area Action
350 Riverside
Alliance of Nurses for Healthy Environments
American Cancer Society Cancer Action Network Inc.
American Heart Association
American Lung Association in California
Army, Navy, Air Force, and Marine Corps installations in the State of California
Bay Area Air Quality Management District
Breast Cancer Prevention Partners
Breathe California
Breathe California Sacramento Region
California Bicycle Coalition
California Conference of Directors of Environmental Health
California Environmental Justice Alliance
California Health Care Climate Alliance
California Interfaith Power & Light
California League of Conservation Voters
California Natural Gas Vehicle Coalition
California Public Health Association - North
CALSTART Inc.
Center for Climate Change & Health
Ceres, Inc.
City of West Hollywood
Clean Energy
Coalition for Clean Air
Community Action to Fight Asthma
Cummins Westport Inc.
Dignity Health 
Diocese of California
Environment California
Environmental Defense Fund
Environmental Working Group
Family Allergy Asthma Clinic (Fresno)
Fossil Free California
Friends Committee on Legislation of California
Green the Church
Health Care Without Harm
Interfaith Climate Action Network of Contra Costa County
Long Beach Alliance for Children With Asthma
Lutheran Office of Public Policy
Lutherans Restoring Creation
Maternal and Child Health Access
Motiv Power Systems
National Parks Conservation Association
NextGen California
NRDC
Physicians for Social Responsibility - Sacramento Chapter
Physicians for Social Responsibility - San Francisco Bay Area Chapter
Prevention Institute
Public Health Institute
Regional Asthma Management & Prevention
San Bernardino County Transportation Authority
San Francisco Asthma Task Force
Sierra Club California
South Coast Air Quality Management District
St. John's Well Child & Family Center
Union of Concerned Scientists
Unitarian Universalist Ministry for Earth
Voices for Progress

Opposition

California Cattlemen's Association
California Farm Bureau Federation
California Fuels and Convenience Alliance
California Municipal Utilities Association
Sacramento Regional Builders Exchange
Western States Trucking Association

Analysis Prepared by: Achintya Madduri / NAT. RES.

Date of Hearing: July 1, 2019

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

SBPCA Bill Id:SB 210

Author:(Leyva) – As Amended Ver:June 24, 2019

SENATE VOTE: 27-10

SUBJECT: Heavy-Duty Vehicle Inspection and Maintenance Program

SUMMARY: Requires the California Air Resources Board (ARB) to adopt and implement regulations for a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline, heavy-duty, on-road vehicles. Specifically, this bill:

1. Requires ARB to implement, by an unspecified date, a pilot program that develops and demonstrates the technologies necessary to implement a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline, heavy-duty, on-road vehicles with a gross vehicle weight rating of more than 14,000 pounds, and report to the Legislature within two years of completion of the pilot program.
2. Directs ARB, no later than two years following the completion of the pilot program, to adopt and implement regulations for a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline, heavy-duty, on-road vehicles with a gross vehicle weight rating of more than 14,000 pounds. In adopting the regulation, ARB must:
3. Establish test procedures for different model years and technologies that measure the effectiveness of emission controls, such as utilizing onboard diagnostics systems;
4. Require a motor vehicle to pass the tests in order to register or operate in the state;
5. Establish program validation methods for evaluating program effectiveness;
6. Develop and implement enforcement methods to ensure continuing compliance;
7. Develop, in coordination with the California Department of Motor Vehicles (DMV), a database to collect and track vehicle test data, assess the data to determine compliance, and regularly generate lists of compliant vehicles in order for DMV to issue annual vehicle registration notices; and
8. Exempt from the regulation zero-emission vehicles, tactical military vehicles, certain specified emergency vehicles, and new vehicles certified to meet the most stringent optional reduced emissions of oxides of nitrogen standard for four years from the time inspections begin under the program.
9. Requires ARB to assess a fee to fund the reasonable costs of implementing the Heavy-Duty Vehicle Inspection and Maintenance Program, limited exclusively to the costs of implementation, and only upon approval of the Legislature through the enactment of a statute establishing the fee schedule.
10. Authorizes ARB to inspect vehicles in conjunction with the safety and weight enforcement activities of the California Highway Patrol (CHP), cooperatively with CHP or independently, or contract for assistance in conducting inspections.
11. Authorizes ARB to issue citations to the owner of non-compliant vehicles, and may require the owner to correct every deficiency specified in the citation within 45 days, unless the vehicle is used exclusively in the conduct of agricultural purposes, in which case the owner may have 75 days to correct the deficiency.
12. Requires ARB, upon implementation of the Heavy-Duty Vehicle Inspection and Maintenance Program, to do the following:
13. Provide mechanisms for out-of-state owners of heavy-duty vehicles to comply with the program before entering the state;
14. Sunset the requirements of the Periodic Smoke Inspection Program (PSIP); and
15. Post on its website two biennial reports including discussions on enforcement, operational downtime, and an estimate of emissions reduced and cost-effectiveness.
16. Requires DMV to confirm compliance with the Heavy-Duty Vehicle Inspection and Maintenance Program prior to the initial registration, transfer of ownership, or registration renewal of any heavy-duty vehicle, as defined.
17. Prohibits a nongasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated on a public road if that vehicle has an illuminated malfunction indicator light, or “check engine light.”

EXISTING LAW:

1. Establishes ARB as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources.

2) Establishes the Motor Vehicle Inspection Program for vehicles under 14,000 pounds, commonly known as the Smog Check Program, to help the state meet federal air quality standards, and requires owners to have their vehicles tested upon initial registration, transfer of ownership and biennially, with some exceptions.

1. Pursuant to ARB regulations, requires owners or operators of heavy-duty diesel-powered vehicles to perform regular self-inspections (smoke opacity tests) of their vehicles to control excessive smoke emissions from and tampering with heavy-duty diesel trucks and buses, known as the PSIP.
2. Authorizes ARB to audit the inspection records of all heavy-duty diesel-powered vehicles at the owner/operator designated fleet location and to test vehicles for compliance with the PSIP.

FISCAL EFFECT: According to the Senate Appropriations Committee, the fiscal impacts, and the timing of costs, are subject to a high degree of uncertainty since the pilot program and regulatory process will inform the parameters of the full Program.

COMMENTS: Roughly 40% of California's GHG emissions are generated by the transportation sector, which includes both the light-duty (passenger cars) and medium- and heavy-duty fleets (such as, trucks, buses, off-road equipment). While cleaning up the entire transportation sector is important, an effort to improve the heavy-duty vehicle fleet is a high priority because this sector contributes greatly to GHG emissions as well as produces a variety of smog-forming pollutants such as oxides of nitrogen (NOx), particulate matter, reactive organic gasses, and other toxic air contaminants that contribute to poor air quality and associated health impacts.

To help address the impacts of the heavy-duty vehicle sector, ARB administers the PSIP, which requires diesel and bus fleet owners to conduct annual smoke opacity self-inspections of their vehicles and repair those with excessive smoke emissions to ensure compliance. ARB randomly audits fleets, maintenance and inspection records, and tests a representative sample of vehicles. All vehicles that do not pass the test must be repaired and retested. The PSIP requires testing for about 400,000 vehicles per year representing about 14,000 California fleets. A fleet owner that neglects to perform the annual smoke opacity inspection on applicable vehicles is subject to a penalty of $500 per vehicle, per year.

Separately, ARB adopted the Truck and Bus Rule in 2009, which aims to reduce air toxics and other criteria pollutants by ensuring that nearly every heavy-duty vehicle operated in California meets 2010 heavy-duty engine emission standards by 2023. Older engines must be retired or sold out of state unless they are operating under a low-use provision or only in select rural areas designated through the state. SB 1 (Beall), Chapter 5, Statutes of 2017, tied compliance with the Truck and Bus Rule to an owner’s ability to register a heavy-duty vehicle with DMV. While ARB estimates that the Truck and Bus Rule currently has about a 70 percent compliance rate, it expects the compliance rate to dramatically improve with the changes enacted through SB 1.

For light-duty passenger vehicles, the state administers the Smog Check Program. With some exceptions, gasoline- and diesel-powered vehicles, hybrid vehicles, and alternative-fuel vehicles that are model year 1976 and newer require a smog check. A smog inspection consists of a tailpipe emission test and an inspection of a vehicle’s on-board diagnostic II (OBD II). The tailpipe emission test is a visual inspection in which the technician checks for blue or black smoke emitting from the tailpipe. As long as there is no blue or black exhaust, the vehicle passes this part of the smog inspection. The OBD II test requires the inspector to attach vehicle components to a smog check machine and run the test for certain codes. An OBD II system independently monitors the performance of a vehicle’s emission control system and relays that information to the smog check machine. If the vehicle components pass each code, then the vehicle passes this part of the smog inspection. California’s existing Smog Check Program does not apply to heavy-duty vehicles over 14,000 pounds.

This bill proposes to replace the PSIP with a smog check program for heavy-duty vehicles called the Heavy-Duty Vehicle Inspection and Maintenance Program. As the existing Smog Check Program has led to significant improvements in emissions from the passenger vehicle sector, this new program is expected to likewise reduce heavy-duty vehicle emissions. The author states that, according to ARB estimates, between the years 2023 and 2031, this new program will remove 93,000 tons of NOx and 1,600 tons of PM 2.5, equivalent to taking 145,000 and 375,000 trucks off the roads in California respectively.

According to the author, “SB 210 is a critical next step to reduce pollution from the many big diesel trucks that travel on the roads and highways across California. Applying similar responsibilities to truck operators to maintain the emission controls throughout the life of their vehicles, just like we already require for everyone else, is common sense. As new trucks with modern technology hit the roads, we have a unique opportunity to ensure long lasting air quality improvements and improve the competitiveness of the California trucking industry. SB 210 can be a real win-win for California residents and the air we breathe. The Los Angeles/Inland Empire, San Diego/Border, Bay Area and Central Valley trade corridors are vital transportation links to the rest of the nation and are impacted daily by truck congestion and rail traffic. SB 210 acknowledges the investments made by the California trucking industry to upgrade truck fleets and leverages this investment to create improved time and cost efficient compliance measures.”

Many environmental, public health, and air quality groups writing in support of this bill state, “SB 210 is a very important measure that is good for our air, climate and health and levels the playing field for owners and operators who take the time and spend the money to keep their trucks in compliance with state emission regulations. We believe this system would allow the vast majority of truckers to pass without difficulty, while it would require improvements from the small fraction of vehicles that generate most of the pollution. Adoption of comprehensive heavy-duty vehicle inspection and maintenance program is a proposed action of both the multi-agency California Sustainable Freight Action Plan of 2016 and ARB’s State Implementation Plan of 2017, the state’s strategy to attain health-based federal air quality standards. SB 210 would make this proposal a reality and allow Californians to breathe easier.”

Concerns. Many organizations in opposition to this bill have raised multiple concerns. The author has taken a number of amendments to address these concerns, but at the time of this analysis the organizations listed below have not removed their opposition.

Industry had raised concerns that this bill authorized ARB to assess a fee prior to the Legislature’s review of the proposal and that they would prefer for the fee or schedule of fees to be adopted in statute. Those concerns have largely been addressed with the most recent set of amendments which do precisely what opponents have requested.

In addition, agricultural interests have raised concerns related to the 45-day fix it ticket window and how that is not long enough to accommodate their vehicles during their harvest runs. The author has amended the bill to grant vehicles used exclusively for agricultural purposes an extended window of 75 days. The details of how this might work are still being negotiated.

The California Municipal Utilities Association has raised implementation concerns with the new program. Specifically, they argue that the new program should be aligned with existing programs, such as the CHP Biennial Inspection of Terminals or BIT Program, to create efficiencies and reduce down time. Alternatively, they would rather see the program permit public agencies to perform the testing in-house to save time – and emissions – driving to and from smog testing centers. Finally, they want to be sure the program requires out-of-state vehicles to certify compliance and pay the requisite fees. The author argues that all of these issues can be addressed through the rulemaking process and are not necessary to be included in this bill.

Committee comments. In order to realize further reductions in GHG emissions and air quality improvements from the transportation sector, the state is going to have to thoughtfully encourage trucks and other heavy-duty equipment to get cleaner. It seems reasonable, with the advancements of testing technologies and the clear success of the passenger vehicle Smog Check Program, to expand the state’s efforts to include heavy-duty vehicles in the smog check paradigm. The devil, as they say, is in the details of how ARB decides to implement the new program. Some are concerned, ultimately, that ARB will ignore input from affected industries and implement an overly-ambitious, robust, “gold-plated” program and pass the high costs of such an expensive program on to the entities most impacted by this new effort. The author of this bill has worked to allay much of those concerns by requiring ARB to present its proposed fee schedule to the Legislature and for those fees to affirmatively be approved through enactment of statute. With this amendment, the responsibility to safeguard impacted industries will now fall on the Legislature to adequately vet the fee proposal and hold ARB accountable. For example, with this new program replacing the existing PSIP program, ARB should consider the savings from the elimination of the one when calculating the cost of the other.

Double referral. This bill will be referred to the Assembly Natural Resources Committee should it pass out of this committee.

Related legislation. SB 44 (Skinner) requires ARB to update its 2016 mobile source strategy to include a comprehensive strategy for the deployment of medium duty and heavy-duty vehicles in the state. This bill is set to be heard in this committee on July 1, 2019.

Previous legislation. SB 210 (Leyva, 2017) was nearly identical to this bill, requiring ARB to adopt and implement regulations for a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline, heavy-duty, on-road vehicles. SB 210 was referred to and not heard in this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

350 Bay Area Action

350 Riverside

Advanced Engine Systems Institute

Alliance of Nurses for Healthy Environments

American Cancer Society Cancer Action Network Inc.

American Heart Association

American Lung Association in California

Breast Cancer Prevention Partners

Breathe California Sacramento Region

California Bicycle Coalition

California Conference of Directors of Environmental Health

California Environmental Justice Alliance

California Health Care Climate Alliance

California League of Conservation Voters

California Public Health Association - North

CALSTART

Center for Climate Change & Health

Ceres, Inc.

City of West Hollywood

Coalition for Clean Air

Community Action to Fight Asthma

Dignity Health

Environment California

Environmental Defense Fund

Environmental Working Group

Family Allergy Asthma Clinic (Fresno)

Fossil Free California

Friends Committee on Legislation of California

Long Beach Alliance for Children with Asthma

Maternal and Child Health Access

Motiv Power Systems

National Parks Conservation Association

Nextgen California

Natural Resources Defense Council

Physicians for Social Responsibility - Sacramento Chapter

Physicians for Social Responsibility - San Francisco Bay Area Chapter

Prevention Institute

Public Health Institute

Regional Asthma Management & Prevention

San Francisco Asthma Task Force

Sierra Club California

South Coast Air Quality Management District

St. John's Well Child & Family Center

Union of Concerned Scientists

Valley CAN (Clean Air Now)

Voices for Progress

Opposition

Associated General Contractors of California

California Building Industry Association

California Cattlemen's Association

California Chamber of Commerce

California Construction and Industrial Materials Association

California Farm Bureau Federation

California Municipal Utilities Association

California Trucking Association

Sacramento Regional Builders Exchange

Western States Trucking Association

Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093

 THIRD READING  

Bill No: SB 210

Author: Leyva (D)

Amended: 5/21/19

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 3/20/19

AYES: Allen, Hill, Skinner, Stern, Wieckowski

NOES: Bates, Stone

SENATE TRANSPORTATION COMMITTEE: 8-3, 4/23/19

AYES: Beall, Dodd, McGuire, Roth, Rubio, Skinner, Umberg, Wieckowski

NOES: Bates, Morrell, Stone

NO VOTE RECORDED: Galgiani

SENATE APPROPRIATIONS COMMITTEE: 4-2, 5/16/19

AYES: Portantino, Bradford, Hill, Wieckowski

NOES: Bates, Jones

SUBJECT: Heavy-Duty Vehicle Inspections and Maintenance Program

SOURCE: Author

DIGEST:

This bill directs the Air Resources Board (ARB) to work in coordination with multiple state agencies in order to develop and implement a Heavy-Duty Inspection and Maintenance Program for non-gasoline, heavy-duty, on-road trucks.

ANALYSIS:

Existing law:

1. Establishes ARB as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and coordinate, encourage, and review the efforts of all levels of government as they affect air quality. (Health and Safety Code (HSC) §39500 et seq.)
   
2. Establishes the Motor Vehicle Inspection Program, commonly known as the smog check program, to help the state meet federal air quality standards, for vehicles under 14,000 pounds. (HSC §44000 et seq.)
   
3. Establishes the Department of Motor Vehicles (DMV) to, among other things, register vehicles for operation in the state. (Vehicle Code §1500 et seq.)
   

This bill:

1. Requires ARB to adopt and implement a regulation for a Heavy-Duty Vehicle Inspection and Maintenance Program (HDVIMP) for non-gasoline, heavy-duty, on-road motor vehicles with a gross vehicle weight rating of more than 14,000 pounds, as specified.
   
2. Requires ARB, in adopting the HDVIMP, to perform specified actions, including, but not limited to:
   
   1. Establish test procedures for different motor vehicle model years and emissions control technologies that measure the effectiveness of the control of emissions of oxides of nitrogen and particulate matter, as specified.
      
   2. Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history with the program, as specified.
      
   3. Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes.
      
   4. Develop and implement enforcement methods, as specified.
      
   5. Exempt zero-emission vehicles, and specified emergency vehicles operating under specified conditions, from HDVIMP.
      
3. Allows ARB to establish:
   
   1. Licensing standards for persons engaged in the business of the inspection, diagnosis, and repair of heavy-duty motor vehicles.
      
   2. Qualification standards or approval, operational, or licensure standards for testing vehicle equipment, as specified.
      
4. Requires ARB to develop a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate with specified information.
   
5. Requires ARB to issue a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate to vehicle owners and operators so they may easily demonstrate proof of compliance with applicable state laws, as specified, and requires vehicle owners to keep that certificate of compliance with the vehicle and present it to a peace officer upon demand, as specified.
   
6. Requires ARB to request a permit to deploy equipment on the state highway system, as specified, and requires the Department of Transportation (Caltrans) to provide ARB assistance in the permitting process when a permit request is denied, as specified.
   
7. Allows specified state agencies to provide any necessary information to help facilitate the installation of equipment necessary to implement HDVIMP, as well as develop initiatives for outreach and education to help ensure compliance with HDVIMP.
   
8. Applies existing practices to HDVIMP, allowing ARB to inspect vehicles in conjunction with the safety and weight enforcement activities of the Department of the California Highway Patrol (CHP) or at other locations selected by ARB, as specified.
   
9. Allows ARB to (a) issue a citation to the owner of a vehicle not in compliance with HDVIMP, as specified, and (b) require the owner of a cited vehicle to correct every deficiency specified in the citation within a timeframe determined by ARB.
   
10. Specifies that a cited vehicle shall not be prohibited from use while the deficiencies are being corrected unless it is determined that the vehicle’s emission controls were willfully tampered with, including the vehicle’s onboard diagnostics system.
    
11. Requires ARB to provide an owner cited as violating HDVIMP an opportunity for an administrative hearing, as specified, and allows ARB to apply to the

Superior Court for the County of Sacramento for a judgment in the amount of the penalty determined at the administrative hearing, as specified.

1. Requires ARB to provide mechanisms for out-of-state owners of heavy-duty vehicles to establish and verify compliance prior to entering the state, as specified.
   
2. Requires ARB, to sunset requirements of the Periodic Smoke Inspection Program in Chapter 3.6 (commencing with Section 2190) of Division 3 of Title 13 of the California Code of Regulations, as specified.
   
3. Requires ARB, within four years following full implementation of the HDVIMP, to provide two biennial reports on its Internet Web site, as specified.
   
4. Requires ARB to assess a fee to fund HDVIMP and deposit those moneys into the Truck Emissions Check Fund (TECF) established by this bill, specifies that moneys in TECF are available to ARB upon appropriation by the Legislature, specifies that the fee must be limited to covering the costs of the program and equitably distributed among feepayers, requires ARB to submit the schedule of fees by January 10 to the Joint Legislative Budget Committee as a part of the Budget Act in the first year fees are assessed, and requires ARB to submit any proposed schedule of fees to specified Legislative Committees 60 days prior to adopting any rule or regulation to implement HDVIMP.
   
5. Requires ARB to implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into HDVIMP, as specified, with accompanying reporting requirements to the transportation and environmental committees of the Legislature, as specified.
   
6. Requires DMV, no later than one year after the effective date of a regulation implementing HDVIMP, to confirm, prior to the initial registration, the transfer of ownership, or the renewal of registration, that a vehicle is compliant with, or exempt from, HDVIMP, with specified and limited exceptions.
   
7. Requires ARB to notify DMV of the motor vehicles subject to HDVIMP that are allowed to be registered.
   
8. Allows DMV to issue a temporary permit to operate a vehicle for which

registration may be refused due to being out of compliance with HDVIMP, as specified.

1. Prohibits DMV from issuing a temporary permit pursuant to operate a vehicle unless there is sufficient evidence that the vehicle has failed its most recent inspection pursuant to HDVIMP.
   
2. Specifies that only one temporary permit may be issued for any vehicle, unless otherwise approved by ARB.
   
3. Specifies that a temporary permit is valid for either 60 days after the expiration of the registration of the vehicle or 60 days after the date that vehicle is removed from nonoperation, whichever is applicable at the time the temporary permit is issued.
   
4. Specifies that a fee of $50, adjusted annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, shall be paid for a temporary permit.
   
5. Requires DMV to deduct its administrative costs from the $50 fee and then deposit the remainder in the TECF.
   
6. Prohibits the operation of a non-gasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated on a public road if that vehicle has an illuminated malfunction indicator light, as specified, and makes a violation of that prohibition subject to what is commonly referred to as a “fix-it ticket.”
   
7. Specifies that a vehicle found in violation of this section has 45 days to correct the violation and cannot be prohibited from use during this time, unless it is determined that the vehicle’s emission controls were willfully tampered with, including the vehicle’s onboard diagnostics system.
   
8. Specifies that a peace officer shall not stop a vehicle solely on the suspicion that it is being operated with an illuminated malfunction indicator light.
   
9. Prohibits a non-gasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated in a manner that results in the escape of visible smoke, as specified.

Background

California’s Smog Check Program. The purpose of the state’s Smog Check Program is to reduce air pollution from vehicles by making sure that cars with excessive emissions are repaired in accordance with federal and state requirements. The program is a joint effort between ARB, the Bureau of Automotive Repair (BAR), and DMV.

With some exceptions, gasoline- and diesel-powered vehicles, hybrid vehicles, and alternative-fuel vehicles that are model year 1976 and newer require a smog check. A smog inspection consists of a tailpipe emission test and an inspection of a vehicle’s on-board diagnostic II (OBD II). The tailpipe emission test is a visual inspection in which the technician checks for blue or black smoke emitting from the tailpipe. As long as there is no blue or black exhaust, the vehicle passes this part of the smog inspection. The OBD II test requires the inspector to attach vehicle components to a smog check machine and run the test for certain codes. An OBD II system independently monitors the performance of a vehicle’s emission control system and relays that information to the smog check machine. If the vehicle components pass each code, then the vehicle passes this part of the smog inspection.

California’s existing Smog Check Program does not apply to heavy-duty vehicles over 14,000 pounds.

Comments

Purpose of Bill. According to the author, “SB 210 is a critical next step to reduce pollution from the many big diesel trucks that travel on the roads and highways across California. Applying similar responsibilities to truck operators to maintain their emission controls, just like we already require for everyone else, is common sense.

“As new trucks with modern technology hit the roads, we have a unique opportunity to ensure long lasting air quality improvements and improve the competitiveness of the California trucking industry. SB 210 can be a real win-win for California residents and the air we breathe.

“The Los Angeles / Inland Empire, San Diego / Border, Bay Area and Central Valley trade corridors are vital transportation links to the rest of the nation and are impacted daily by truck congestion and rail traffic. An ongoing issue along these corridors is large truck congestion and particulate matter pollution from the constant truck traffic and idling on our streets and freeways. Current opacity tests are not enough to ensure that heavy-duty trucks are operating cleanly and efficiently.

“SB 210 acknowledges the investments made by the trucking industry to upgrade truck fleets and leverages this investment to create improved time and cost efficient compliance measures.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee: Staff notes that the following fiscal impacts, and the timing of costs, are subject to a high degree of uncertainty since the pilot program and regulatory process will inform the parameters of the full HDVIM Program.

• CARB estimates the following costs, and notes that fees charged to program participants are expected to fully cover the costs of the bill upon full implementation, beginning in the third year.
• First year costs of approximately $350,000 and 2 PY of new staff to coordinate with other entities to select a contractor and establish security and data transfer protocols, among other duties. (special funds)
• Second year costs of approximately $1.1 million and 5 PY of staff to finalize contracts, coordinate with other entities, and conduct other implementation duties. Additional second year contract costs of approximately $2 million to develop a database, provide referee services, install kiosks at weigh stations, hire helpline staff, and perform other implementation duties. (special funds)
• Third year and ongoing costs of approximately $3.5 million and 23 PY of staff to conduct contract oversight, coordinate with other entities to assess program effectiveness, operate roadside vehicle emissions measurements and perform tailpipe testing, perform roadside enforcement, audit fleets, and process citations, among other things. (special funds)
• Ongoing contracting costs of approximately $6.6 million annually upon full implementation to test an estimated 1 million vehicles each year, and an additional $600,000 annually to cover outreach and education to vehicle owners and drivers, vehicle procurement for lab testing, and operation of roadside testing equipment for in-field program validation (special funds)
• DMV estimates one-time IT programming costs of over $400,000 associated with withholding registration from non-compliant trucks, as well as programming the $50 fee for temporary permits. DMV would likely incur additional one-time costs of at least $250,000 to coordinate with other participating agencies, conduct outreach, and mail information to vehicle owners. (Motor Vehicle Account)
• DMV assumes all costs would be reimbursed by ARB from program fees through an interagency agreement. (Truck Emissions Check Fund -- TECF)
• DMV estimates ongoing costs of over $500,000 annually for clearing non-compliant vehicles, issuing temporary permits, and handling customer inquiries. (Motor Vehicle Account) DMV assumes all costs would be reimbursed by ARB from program fees through an interagency agreement. (TECF)
• Upon full implementation, the CHP estimates first year costs of approximately $9.1 million and ongoing costs of approximately $9 million annually for staff training time, performing inspections, and conducting enforcement activities. These estimates assume one hour of training time for all personnel in the Commercial Enforcement Program, 10 minutes of additional inspection time for each of the 500,000 to 550,000 annual vehicle inspections, and citation issuance on 1% of inspections. (Motor Vehicle Account)
• Caltrans costs are unknown, but potentially significant depending upon program implementation. Caltrans indicates that it would require 1 PY of staff time at an estimated cost of $175,000 for encroachment permit reviews, if roadside inspections were performed 90 days per year. In addition, Caltrans has approximately 2,500 heavy-duty trucks that would be subject to the program, and may incur unknown indirect repair and replacement costs, to the extent there are non-compliant vehicles in its heavy-duty fleet. (State Highway Account)
• The BAR indicates its costs would be minor and absorbable. (special funds)
• Staff notes that California Department of Food and Agriculture costs are currently unavailable.

SUPPORT: (Verified 5/17/19)

350 Bay Area Action

350 Riverside

Alliance of Nurses for Healthy Environments

American Lung Association of California

Breast Cancer Prevention Partners

Breathe California Sacramento Region

California Air Pollution Control Officers Association

California Bicycle Coalition

California Conference of Directors of Environmental Health

California Environmental Justice Alliance

California Interfaith Power & Light

California League of Conservation Voters

CALSTART

Cancer Action Network

Center for Climate Change & Health

Chanje Energy

ClipperCreek

Coalition for Clean Air

CPHA

Dignity Health

Environment California

EWG

Family Allergy Asthma Clinic

Fossil Free California

Friends Committee on Legislation of California

Long Beach Alliance for Children with Asthma

Maternal and Children Health Access

National Parks Conservation Association

Nextgen California

NRDC

Prevention Institute

PSR Sacramento Chapter

PSR San Francisco Bay Area Chapter

Public Health Institute

Regional Asthma Management & Prevention

San Francisco Asthma Task Force

Sierra Club California

South Coast Air Quality Management District

St. John’s Well Child and Family Center

Union of Concerned Scientists

Valley CAN

OPPOSITION: (Verified 5/17/19)

Associated General Contractors

California Building Industry Association

California Cattlemen’s Association

California Chamber of Commerce

California Chapter of the National Electrical Contractors Association (NECA)

California Farm Bureau Federation

California Legislative Council of the Plumbing, Heating and Piping Industry

California Municipal Utilities Association

California Trucking Association

Union Roofing Contractors Association

United Contractors

Western Line Constructors

Prepared by: David Ernest García / E.Q. / (916) 651-4108

5/21/19 17:49:37

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 210 (Leyva) - Heavy-Duty Vehicle Inspection and Maintenance Program

Bill Summary:

SB 210 would require the California Air Resources Board (CARB) to coordinate with specified state entities to adopt and implement a regulation for a Heavy-Duty Vehicle Inspection and Maintenance HDVIM Program for non-gasoline heavy-duty on-road trucks of over 14,000 pounds. The HDVIM Program would be implemented within two years of the completion of a specified pilot program that would develop and demonstrate technologies for bringing vehicles into the HDVIM Program.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 16, 2019

Fiscal Impact:

Staff notes that the following fiscal impacts, and the timing of costs, are subject to a high degree of uncertainty since the pilot program and regulatory process will inform the parameters of the full HDVIM Program. See Staff Comments.

• CARB estimates the following costs, and notes that fees charged to program participants are expected to fully cover the costs of the bill upon full implementation, beginning in the third year.
  
  • First year costs of approximately $350,000 and 2 PY of new staff to coordinate with other entities to select a contractor and establish security and data transfer protocols, among other duties. (special funds)
    
  • Second year costs of approximately $1.1 million and 5 PY of staff to finalize contracts, coordinate with other entities, and conduct other implementation duties. Additional second year contract costs of approximately $2 million to develop a database, provide referee services, install kiosks at weigh stations, hire helpline staff, and perform other implementation duties. (special funds)
    
  • Third year and ongoing costs of approximately $3.5 million and 23 PY of staff to conduct contract oversight, coordinate with other entities to assess program effectiveness, operate roadside vehicle emissions measurements and perform tailpipe testing, perform roadside enforcement, audit fleets, and process citations, among other things. (special funds)
    
  • Ongoing contracting costs of approximately $6.6 million annually upon full implementation to test an estimated 1 million vehicles each year, and an additional $600,000 annually to cover outreach and education to vehicle owners and drivers, vehicle procurement for lab testing, and operation of roadside testing equipment for in-field program validation (special funds)
    
• DMV estimates one-time IT programming costs of over $400,000 associated with withholding registration from non-compliant trucks, as well as programming the $50 fee for temporary permits. DMV would likely incur additional one-time costs of at least $250,000 to coordinate with other participating agencies, conduct outreach, and mail information to vehicle owners. (Motor Vehicle Account)
  DMV assumes all costs would be reimbursed by CARB from program fees through an interagency agreement. (Truck Emissions Check Fund -- TECF)
  
• DMV estimates ongoing costs of over $500,000 annually for clearing non-compliant vehicles, issuing temporary permits, and handling customer inquiries. (Motor Vehicle Account) DMV assumes all costs would be reimbursed by CARB from program fees through an interagency agreement. (TECF)
  
• Upon full implementation, the California Highway Patrol (CHP) estimates first year costs of approximately $9.1 million and ongoing costs of approximately $9 million annually for staff training time, performing inspections, and conducting enforcement activities. These estimates assume one hour of training time for all personnel in the Commercial Enforcement Program, 10 minutes of additional inspection time for each of the 500,000 to 550,000 annual vehicle inspections, and citation issuance on 1% of inspections. (Motor Vehicle Account)
  
• Department of Transportation (Caltrans) costs are unknown, but potentially significant depending upon program implementation. Caltrans indicates that it would require 1 PY of staff time at an estimated cost of $175,000 for encroachment permit reviews, if roadside inspections were performed 90 days per year. In addition, Caltrans has approximately 2,500 heavy-duty trucks that would be subject to the program, and may incur unknown indirect repair and replacement costs, to the extent there are non-compliant vehicles in its heavy-duty fleet. (State Highway Account)
  
• The Bureau of Automotive Repair (BAR) indicates its costs would be minor and absorbable. (special funds)
  
• Staff notes that California Department of Food and Agriculture (CDFA) costs are currently unavailable.

Committee Amendments:

• Require program fees to be limited exclusively to covering the cost of the program and structured to ensure equitable distribution among fee payers.
• Require CARB to submit proposed HDVIM Program rules and regulations to the Legislature at least 60 days prior to adoption, as specified.
• Require CARB, in the first year in which program fees are assessed, to submit the schedule of fees to the Joint Legislative Budget Committee by January 10 as part of the annual Budget Act.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 210 (Leyva) - Heavy-Duty Vehicle Inspection and Maintenance Program

Bill Summary:

SB 210 would require the California Air Resources Board (CARB) to coordinate with specified state entities to adopt and implement a regulation for a Heavy-Duty Vehicle Inspection and Maintenance HDVIM Program for non-gasoline heavy-duty on-road trucks of over 14,000 pounds. The HDVIM Program would be implemented within two years of the completion of a specified pilot program that would develop and demonstrate technologies for bringing vehicles into the HDVIM Program.

Fiscal Impact:

Staff notes that the following fiscal impacts, and the timing of costs, are subject to a high degree of uncertainty since the pilot program and regulatory process will inform the parameters of the full HDVIM Program. See Staff Comments.

• CARB estimates the following costs, and notes that fees charged to program participants are expected to fully cover the costs of the bill upon full implementation, beginning in the third year.
  
  • First year costs of approximately $350,000 and 2 PY of new staff to coordinate with other entities to select a contractor and establish security and data transfer protocols, among other duties. (special funds)
    
  • Second year costs of approximately $1.1 million and 5 PY of staff to finalize contracts, coordinate with other entities, and conduct other implementation duties. Additional second year contract costs of approximately $2 million to develop a database, provide referee services, install kiosks at weigh stations, hire helpline staff, and perform other implementation duties. (special funds)
    
  • Third year and ongoing costs of approximately $3.5 million and 23 PY of staff to conduct contract oversight, coordinate with other entities to assess program effectiveness, operate roadside vehicle emissions measurements and perform tailpipe testing, perform roadside enforcement, audit fleets, and process citations, among other things. (special funds)
    
  • Ongoing contracting costs of approximately $6.6 million annually upon full implementation to test an estimated 1 million vehicles each year, and an additional $600,000 annually to cover outreach and education to vehicle owners and drivers, vehicle procurement for lab testing, and operation of roadside testing equipment for in-field program validation (special funds)
    
• DMV estimates one-time IT programming costs of over $400,000 associated with withholding registration from non-compliant trucks, as well as programming the $50 fee for temporary permits. DMV would likely incur additional one-time costs of at least $250,000 to coordinate with other participating agencies, conduct outreach, and mail information to vehicle owners. (Motor Vehicle Account)
  DMV assumes all costs would be reimbursed by CARB from program fees through an interagency agreement. (Truck Emissions Check Fund -- TECF)
  
• DMV estimates ongoing costs of over $500,000 annually for clearing non-compliant vehicles, issuing temporary permits, and handling customer inquiries. (Motor Vehicle Account) DMV assumes all costs would be reimbursed by CARB from program fees through an interagency agreement. (TECF)
  
• Upon full implementation, the California Highway Patrol (CHP) estimates first year costs of approximately $9.1 million and ongoing costs of approximately $9 million annually for staff training time, performing inspections, and conducting enforcement activities. These estimates assume one hour of training time for all personnel in the Commercial Enforcement Program, 10 minutes of additional inspection time for each of the 500,000 to 550,000 annual vehicle inspections, and citation issuance on 1% of inspections. (Motor Vehicle Account)
  
• Department of Transportation (Caltrans) costs are unknown, but potentially significant depending upon program implementation. Caltrans indicates that it would require 1 PY of staff time at an estimated cost of $175,000 for encroachment permit reviews, if roadside inspections were performed 90 days per year. In addition, Caltrans has approximately 2,500 heavy-duty trucks that would be subject to the program, and may incur unknown indirect repair and replacement costs, to the extent there are non-compliant vehicles in its heavy-duty fleet. (State Highway Account)
  
• The Bureau of Automotive Repair (BAR) indicates its costs would be minor and absorbable. (special funds)
  
• Staff notes that California Department of Food and Agriculture (CDFA) costs are currently unavailable.

Background:

Existing law establishes CARB as the air pollution control agency in California and requires the board, among other things, to control emissions from a wide array of mobile sources and coordinate, encourage, and review the efforts of all levels of government as they affect air quality. Existing law requires CARB, in consultation with BAR and a specified review committee, to adopt regulations requiring owners or operators of heavy-duty diesel motor vehicles to perform regular inspections of their vehicles for excessive emissions of smoke. Existing law requires CARB, in consultation with the State Energy Resources Conservation and Development Commission, to adopt regulations requiring heavy-duty diesel motor vehicles to use emission control equipment and alternative fuels, as specified.

Existing law establishes the Motor Vehicle Inspection Program, commonly known as the smog check program, as a means to measure motor vehicle related pollutants, and to help the state meet federal air quality standards for vehicles under 14,000 pounds. The program is administered by BAR and generally requires gas-powered motor vehicles in designated areas to pass a biennial smog check inspection with specified exceptions, such as vehicles manufactured prior to the 1976 model year, alternative fuel vehicles, and vehicles six model years old or newer. An $8.25 smog check certificate fee is assessed on vehicles once they pass a smog check. As a condition of initial registration, upon change of ownership, and renewal of vehicle registration, the vehicle owner must submit to DMV a valid certificate of compliance indicating that the vehicle has passed its smog inspection.

Existing law requires that vehicles that are six or less model-years old, and therefore exempt from smog check requirements, are subject to an annual smog abatement fee, which is currently $20. Revenues from the smog abatement fee are allocated to various programs to reduce mobile source emissions, replace or retire polluting vehicles, provide clean vehicle rebates, fund alternative and renewable fuels projects, and deploy clean engines, equipment, and emission reduction technologies for heavy-duty vehicles.

Proposed Law:

SB 210 would require CARB, in consultation with BAR, DMV, Caltrans, CHP, and other state agencies and stakeholders, to engage in a public process to implement a pilot program that develops and demonstrates technologies that show potential for bringing vehicles into the HDVIM Program. CARB must report specified findings and information related to the pilot program by an unspecified date to the Legislature before adopting and implementing the HDVIM Program, as specified.

This bill would also do the following:

1. Require CARB, within two years of the completion of the pilot, to adopt and implement a regulation for an HDVIM Program for non-gasoline, heavy-duty, on-road motor vehicles with a gross vehicle weight rating of more than 14,000 pounds, as specified.
   
2. Requires CARB, in adopting the HDVIM Program, to do all of the following:
   1. Establish test procedures, as specified.
   2. Require a motor vehicle to pass the test procedures in order to register or operate in the state.
   3. Consider establishing full or partial exemptions from the HDVIM Program for categories of vehicles, as specified.
   4. Allow a streamlined process for fleet operators with a history of compliance.
   5. Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes.
   6. Develop and implement enforcement methods, as specified.
   7. Develop, in coordination with DMV, an IT database to collect and track vehicle test data, assess data for compliance, and generate lists of compliant vehicles to transmit to DMV for annual registration notice purposes.
      
3. Allow CARB to establish:
   1. Licensing standards for persons engaged in the business of the inspection, diagnosis, and repair of heavy-duty motor vehicles.
   2. Qualification standards or approval, operational, or licensure standards for testing vehicle equipment, as specified.
      
4. Require CARB to develop an HDVIM Compliance Certificate program with specified information.
   
5. Allow Caltrans, CHP, and CDFA to provide any necessary information to help facilitate the installation of equipment necessary to implement the HDVIM Program, as well as develop initiatives for outreach and education to help ensure compliance.
   
6. Allow CARB to inspect vehicles in conjunction with the safety and weight enforcement activities of the CHP or at other locations selected by ARB, as specified.
   
7. Allow CARB to (a) issue a citation to the owner of a vehicle not in compliance with the HDVIM Program, as specified, and (b) require the owner of a cited vehicle to correct every deficiency specified in the citation within a timeframe determined by CARB, but not less than 45 days.
   
8. Require CARB to provide an owner cited as violating the HDVIM Program an opportunity for an administrative hearing, as specified, and allows ARB to apply to the Superior Court for the County of Sacramento for a judgment in the amount of the penalty determined at the administrative hearing, as specified.
   
9. Require CARB to provide mechanisms for out-of-state heavy-duty vehicles to establish and verify compliance prior to entering the state, as specified.
   
10. Require CARB to sunset requirements of the Periodic Smoke Inspection Program, upon full implementation of the HDVIM Program, as specified.
    
11. Require CARB to provide two biennial reports on its website within four years of fully implementing the HDVIM Program, as specified.
    
12. Require CARB to assess a reasonable fee to fund the HDVIM Program and deposit those moneys into the Truck Emissions Check Fund (TECF) established by the bill, and specifies that moneys in TECF are available to ARB upon appropriation by the Legislature. Any penalty revenues related to the Program would be deposited into the Air Pollution Control Fund.
    
13. Require DMV, no later than one year after the effective date of a regulation implementing the HDVIM Program, to confirm that the vehicle is in compliance or exempt from the program prior to the initial registration, the transfer of ownership, or the renewal of registration, with specified exemptions.
    
14. Authorize DMV to issue a 60-day temporary permit to operate if registration is refused for failure to pass the HDVIM Program inspection. The bill specifies a fee of $50 for issuance of a temporary permit, which would be adjusted annually by an inflation factor. After deducting its administrative costs, DMV would deposit temporary permit fees into the TECF.
    
15. Prohibit the operation of a non-gasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated on a public road if that vehicle has an illuminated malfunction indicator light, as specified, or operated in a manner resulting in the escape of visible smoke, and makes a violation of these prohibitions subject to what is commonly referred to as a “fix-it ticket.”
16. Specify that a peace officer shall not stop a vehicle solely on the suspicion that it is being operated with an illuminated malfunction indicator light.

Related Legislation:

SB 210 (Leyva), which was referred to the Assembly Transportation Committee during the 2017-18 session, but never heard, was similar to this bill. The version of that bill that was approved by the Senate pertained to an issue in the Education policy area.

Staff Comments:

Staff notes that the fiscal impacts of this bill are subject to a high degree of uncertainty since the pilot program and regulatory process will inform the parameters of the full HDVIM Program. The timing of these impacts are also uncertain, as the bill does not specify the duration of the pilot or the date for reporting to the Legislature prior to implementing the full HDVIM Program. CARB needs for staffing and resources will be evaluated in the budget process prior to full implementation as the program parameters are informed by the pilot program and refined.

SB 210 provides a framework for a new heavy-duty vehicle emission testing program, and provides CARB with broad discretion to develop the parameters of the program, including the establishment of a schedule of reasonable fees for program participants. The Committee may wish to consider whether the bill should be amended to require the report on the pilot program to include recommendations for a reasonable fee schedule for HDVIM Program participants that must be reviewed and approved by the Legislature prior to full implementation.

-- END --

SENATE COMMITTEE ON TRANSPORTATION

Senator Jim Beall, Chair

2019 - 2020 Regular

Bill No: SB 210 Hearing Date: 4/23/2019

SUBJECT: Heavy-Duty Vehicle Inspection and Maintenance Program.

DIGEST: This bill directs the California Air Resources Board (ARB) to work in coordination with multiple state agencies in order to develop and implement a Heavy-Duty Inspection and Maintenance Program for non-gasoline, heavy-duty, on-road trucks.

ANALYSIS:

Existing law:

1. Establishes ARB as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and coordinate, encourage, and review the efforts of all levels of government as they affect air quality.
   
2. Establishes the Motor Vehicle Inspection Program, commonly known as the Smog Check program, to help the state meet federal air quality standards, for vehicles under 14,000 pounds.

This bill:

1. Requires ARB, by an unspecified date, to adopt and implement a regulation for a Heavy-Duty Vehicle Inspection and Maintenance Program (HDVIMP) for non-gasoline, heavy-duty, on-road motor vehicles with a gross vehicle weight rating of more than 14,000 pounds, as specified.
   
2. Requires ARB, in adopting the HDVIMP, to do all of the following:
   
   1. Establish test procedures, as specified.
      
   2. Require a motor vehicle to pass the test procedures in order to register or operate in the state.
      
   3. Consider establishing full or partial exemptions from HDVIMP for categories of vehicles, as specified.
      
   4. Develop and implement enforcement methods, as specified.
      
3. Allows ARB to establish:
   
   1. Licensing standards for persons engaged in the business of the inspection, diagnosis, and repair of heavy-duty motor vehicles.
      
   2. Qualification standards or approval, operational, or licensure standards for testing vehicle equipment, as specified.
      
4. Requires ARB to develop a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate program with specified information.
   
5. Allows the Department of Transportation, the California Highway Patrol (CHP), and the Department of Food and Agriculture to provide any necessary information to help facilitate the installation of equipment necessary to implement HDVIMP, as well as develop initiatives for outreach and education to help ensure compliance with HDVIMP.
   
6. Allows ARB to inspect vehicles in conjunction with the safety and weight enforcement activities of the CHP or at other locations selected by ARB, as specified.
   
7. Allows ARB to (a) issue a citation to the owner of a vehicle not in compliance with HDVIMP, as specified, and (b) require the owner of a cited vehicle to correct every deficiency specified in the citation within a timeframe determined by ARB.
   
8. Requires ARB to provide an owner cited as violating HDVIMP an opportunity for an administrative hearing, as specified, and allows ARB to apply to the Superior Court for the County of Sacramento for a judgment in the amount of the penalty determined at the administrative hearing, as specified.
   
9. Requires ARB to assess a fee to fund HDVIMP and deposit those moneys into the Truck Emissions Check Fund (TECF) established by the bill, and specifies that moneys in TECF are available to ARB upon appropriation by the Legislature.
   
10. Requires ARB, prior to fully implementing HDVIMP, to implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into HDVIMP, as specified.
    
11. Requires DMV, no later than one year after the effective date of a regulation implementing HDVIMP, to confirm, prior to the initial registration, the transfer of ownership, or the renewal of registration, that a vehicle is compliant with, or exempt from, HDVIMP, with specified and limited exceptions.
    
12. Prohibits the operation of a non-gasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated on a public road if that vehicle has an illuminated malfunction indicator light, as specified, and makes a violation of that prohibition subject to what is commonly referred to as a “fix-it ticket.”
    
13. Specifies that a peace officer shall not stop a vehicle solely on the suspicion that it is being operated with an illuminated malfunction indicator light.
    

COMMENTS:

1. Author Statement. SB 210 is a critical next step to reduce pollution from the many big diesel trucks that travel on the roads and highways across California. Applying similar responsibilities to truck operators to maintain their emission controls, just like we already require for everyone else, is common sense.
   
2. Health Effects of Diesel Exhaust (from the Senate Environmental Quality Analysis) Diesel exhaust is produced when an engine burns diesel fuel. It is a complex mixture of thousands of gases and fine particles (commonly known as soot) that contains more than 40 toxic air contaminants. These include many known or suspected cancer-causing substances, such as benzene, arsenic and formaldehyde. It also contains other harmful pollutants, including nitrogen oxides (a component of smog).
   
   In 1998, the California Environmental Protection Agency’s (CalEPA) Office of Environmental Health Hazard Assessment (OEHHA) completed a comprehensive health assessment of diesel exhaust. This assessment formed the basis for a decision by ARB to formally identify particles in diesel exhaust as a toxic air contaminant that may pose a threat to human health.

Diesel engines are a major source of particulate matter (PM). The elderly and people with emphysema, asthma, and chronic heart and lung disease are especially sensitive to PM. Numerous studies have linked elevated particle levels in the air to increased hospital admissions, emergency room visits, asthma attacks and premature deaths among those suffering from respiratory problems. Because children’s lungs and respiratory systems are still developing, they are also more susceptible than healthy adults to fine particles. Exposure to PM is associated with increased frequency of childhood illnesses and can reduce lung function in children.

Diesel exhaust and many individual substances contained in it have the potential to contribute to mutations in cells that can lead to cancer. In fact, long-term exposure to diesel exhaust particles poses the highest cancer risk of any toxic air contaminant evaluated by OEHHA.

1. What is the Problem? Light duty vehicles have been required to undergo regular smog checks for decades, with the withholding of the vehicle registration as the mechanism for ensuring compliance. Heavy duty vehicles are not required to have similar, regular inspections. The result is that heavy duty vehicles produce more NOx and almost five times the particulate matter than all other on-road vehicles, despite light duty vehicles outnumbering heavy duty vehicles by almost 100 times. There are several programs to reduce emissions from heavy duty vehicles, such as the Heavy-Duty Vehicle Inspection Program and the Periodic Smoke Inspection Program, but these programs are infrequently performed and not comprehensive.
2. More Agreement than Disagreement. The author and a trucking industry coalition have been in ongoing negotiations about the bill and have reached agreement in principle on the following:
3. Duplicative emissions testing regulations should be sunset.
4. Legislative accountability and oversight for issues related to enforceability, downtime, cost and cost-effectiveness of the proposed program should be created.
5. Two biennial reports on program effectiveness should be required.
6. Mechanisms for out-of-state owners to verify compliance prior to entering California should be required.
7. Violations should be resolvable with fix-it tickets.
8. Mobile testing should be allowed.
9. A start time for the program.

The author will offer amendments in committee to reflect these agreements.

1. How Much, How Soon? The trucking industry coalition has two remaining concerns: The level of fees they will be required to pay, and the period of time they are allowed to fix a violation.
   1. The industry coalition is concerned that the bill is a blank check for fees, constrained only by the requirement that the fees be “reasonable”. Fees, by definition, may only recover the actual cost of providing the service. More than that is a tax, which this bill does not authorize. But because the inspection program is in the early stages of creation, the opponents are concerned that the program could be very expansive and costly, resulting in very high fees. Opponents suggest that the ARB will have a realistic estimate of the fees once the pilot program required by this bill is established. Their preference is for the Legislature to authorize fees after it has the ARB’s estimate.
   2. The industry coalition is concerned that the bill does not permit them sufficient time to remedy a violation. The bill is not specific on how much time is allowed, instead deferring the question to the ARB. Opponents suggest that they should be allowed 90 days to remedy any violation. They note that some heavy duty vehicles are in use seasonally. During those seasons the vehicles are in constant use, making it difficult to take the vehicles out of service for repair. The author believes that 90 days is too long, and that 30 – 45 days is more reasonable. It may be possible to divide the question, allowing for more time for the seasonal vehicles and less time for the other vehicles.
2. Other Opposition. In addition to the trucking industry coalition, several other industry groups oppose the bill. In general, they believe that existing heavy duty truck regulations are sufficient and that additional regulations will be costly and are unnecessary.
3. Enforcement. This bill provides for more stringent enforcement of existing emissions requirements using new technology, allowing for more comprehensive monitoring of real world emissions. For in-state vehicles, the enforcement mechanism is fines and, ultimately, an inability to register the vehicle. For out-of-state vehicles the enforcement mechanism is fines, which are difficult to collect as California cannot withhold the vehicle registration granted by other states. A stronger compliance mechanism for out-of-state vehicles may be appropriate.
4. Double Referral. This bill was approved on March 20, 2019 by the Environmental Quality Committee 5-2.

Related Legislation:

SB 44 (Skinner, 2019) — requires the Air Resources Board (ARB) to develop a comprehensive strategy to reduce greenhouse gas and criteria pollutant emissions from medium- and heavy-duty vehicles. This bill is pending in the Senate Transportation Committee.

SB 216 (Galgiani, 2019) — specifies that a heavy-duty truck exchange is an eligible project for funding under the Carl Moyer Memorial Qir Quality Standards Attainment Program. This bill is pending in the Senate Transportation Committee.

SB 210 (Leyva, 2017) — contained identical provisions to this measure. SB 210 died in the Assembly Transportation Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

POSITIONS: (Communicated to the committee before noon on Wednesday,

April 17, 2019.)

SUPPORT:

American Lung Association of California

Alliance of Nurses for Healthy Environments

Breast Cancer Prevention Partners

Breathe California Sacramento Region

California Air Pollution Control Officers Association

California Bicycle Coalition

California Conference of Directors of Environmental Health

California Environmental Justice Alliance

California Interfaith Power & Light

California League of Conservation Voters

CALSTART

Cancer Action Network

Center for Climate Change & Health

Chanje Energy

ClipperCreek

Coalition for Clean Air

CPHA

Dignity Health

Environment California

EWG

Family Allergy Asthma Clinic

Fossil Free California

Friends Committee on Legislation of California

Long Beach Alliance for Children with Asthma

Maternal and Children Health Access

National Parks Conservation Association

Nextgen California

NRDC

Prevention Institute

PSR San Francisco Bay Area Chapter

PSR Sacramento Chapter

Public Health Institute

Regional Asthma Management & Prevention

San Francisco Asthma Task Force

Sierra Club California

South Coast Air Quality Management District

St. John’s Well Child and Family Center

Union of Concerned Scientists

Valley CAN

Voices for Progress

350 Bay Area Action

350 Riverside

350 Silicon Valley

OPPOSITION:

Associated General Contractors

California Building Industry Association

California Cattlemen’s Association

California Chamber of Commerce

California Chapter of the National Electrical Contractors Association

California Farm Bureau Federation

California Legislative Council of the Plumbing, Heating and Piping Industry

California Municipal Utilities Association

California Trucking Association

Union Roofing Contractors Association

United Contractors

Western Line Constructors

Western States Trucking Association

-- END --

SENATE COMMITTEE ON TRANSPORTATION

Senator Jim Beall, Chair

2019 - 2020 Regular

Bill No: SB 210 Hearing Date: 4/23/2019

SUBJECT: Heavy-Duty Vehicle Inspection and Maintenance Program.

DIGEST: This bill directs the California Air Resources Board (ARB) to work in coordination with multiple state agencies in order to develop and implement a Heavy-Duty Inspection and Maintenance Program for non-gasoline, heavy-duty, on-road trucks.

ANALYSIS:

Existing law:

1. Establishes ARB as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and coordinate, encourage, and review the efforts of all levels of government as they affect air quality.
   
2. Establishes the Motor Vehicle Inspection Program, commonly known as the Smog Check program, to help the state meet federal air quality standards, for vehicles under 14,000 pounds.

This bill:

1. Requires ARB, by an unspecified date, to adopt and implement a regulation for a Heavy-Duty Vehicle Inspection and Maintenance Program (HDVIMP) for non-gasoline, heavy-duty, on-road motor vehicles with a gross vehicle weight rating of more than 14,000 pounds, as specified.
   
2. Requires ARB, in adopting the HDVIMP, to do all of the following:
   
   1. Establish test procedures, as specified.
      
   2. Require a motor vehicle to pass the test procedures in order to register or operate in the state.
      
   3. Consider establishing full or partial exemptions from HDVIMP for categories of vehicles, as specified.
      
   4. Develop and implement enforcement methods, as specified.
      
3. Allows ARB to establish:
   
   1. Licensing standards for persons engaged in the business of the inspection, diagnosis, and repair of heavy-duty motor vehicles.
      
   2. Qualification standards or approval, operational, or licensure standards for testing vehicle equipment, as specified.
      
4. Requires ARB to develop a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate program with specified information.
   
5. Allows the Department of Transportation, the California Highway Patrol (CHP), and the Department of Food and Agriculture to provide any necessary information to help facilitate the installation of equipment necessary to implement HDVIMP, as well as develop initiatives for outreach and education to help ensure compliance with HDVIMP.
   
6. Allows ARB to inspect vehicles in conjunction with the safety and weight enforcement activities of the CHP or at other locations selected by ARB, as specified.
   
7. Allows ARB to (a) issue a citation to the owner of a vehicle not in compliance with HDVIMP, as specified, and (b) require the owner of a cited vehicle to correct every deficiency specified in the citation within a timeframe determined by ARB.
   
8. Requires ARB to provide an owner cited as violating HDVIMP an opportunity for an administrative hearing, as specified, and allows ARB to apply to the Superior Court for the County of Sacramento for a judgment in the amount of the penalty determined at the administrative hearing, as specified.
   
9. Requires ARB to assess a fee to fund HDVIMP and deposit those moneys into the Truck Emissions Check Fund (TECF) established by the bill, and specifies that moneys in TECF are available to ARB upon appropriation by the Legislature.
   
10. Requires ARB, prior to fully implementing HDVIMP, to implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into HDVIMP, as specified.
    
11. Requires DMV, no later than one year after the effective date of a regulation implementing HDVIMP, to confirm, prior to the initial registration, the transfer of ownership, or the renewal of registration, that a vehicle is compliant with, or exempt from, HDVIMP, with specified and limited exceptions.
    
12. Prohibits the operation of a non-gasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated on a public road if that vehicle has an illuminated malfunction indicator light, as specified, and makes a violation of that prohibition subject to what is commonly referred to as a “fix-it ticket.”
    
13. Specifies that a peace officer shall not stop a vehicle solely on the suspicion that it is being operated with an illuminated malfunction indicator light.
    

COMMENTS:

1. Author Statement. SB 210 is a critical next step to reduce pollution from the many big diesel trucks that travel on the roads and highways across California. Applying similar responsibilities to truck operators to maintain their emission controls, just like we already require for everyone else, is common sense.
   
2. Health Effects of Diesel Exhaust (from the Senate Environmental Quality Analysis) Diesel exhaust is produced when an engine burns diesel fuel. It is a complex mixture of thousands of gases and fine particles (commonly known as soot) that contains more than 40 toxic air contaminants. These include many known or suspected cancer-causing substances, such as benzene, arsenic and formaldehyde. It also contains other harmful pollutants, including nitrogen oxides (a component of smog).
   
   In 1998, the California Environmental Protection Agency’s (CalEPA) Office of Environmental Health Hazard Assessment (OEHHA) completed a comprehensive health assessment of diesel exhaust. This assessment formed the basis for a decision by ARB to formally identify particles in diesel exhaust as a toxic air contaminant that may pose a threat to human health.

Diesel engines are a major source of particulate matter (PM). The elderly and people with emphysema, asthma, and chronic heart and lung disease are especially sensitive to PM. Numerous studies have linked elevated particle levels in the air to increased hospital admissions, emergency room visits, asthma attacks and premature deaths among those suffering from respiratory problems. Because children’s lungs and respiratory systems are still developing, they are also more susceptible than healthy adults to fine particles. Exposure to PM is associated with increased frequency of childhood illnesses and can reduce lung function in children.

Diesel exhaust and many individual substances contained in it have the potential to contribute to mutations in cells that can lead to cancer. In fact, long-term exposure to diesel exhaust particles poses the highest cancer risk of any toxic air contaminant evaluated by OEHHA.

1. What is the Problem? Light duty vehicles have been required to undergo regular smog checks for decades, with the withholding of the vehicle registration as the mechanism for ensuring compliance. Heavy duty vehicles are not required to have similar, regular inspections. The result is that heavy duty vehicles produce more NOx and almost five times the particulate matter than all other on-road vehicles, despite light duty vehicles outnumbering heavy duty vehicles by almost 100 times. There are several programs to reduce emissions from heavy duty vehicles, such as the Heavy-Duty Vehicle Inspection Program and the Periodic Smoke Inspection Program, but these programs are infrequently performed and not comprehensive.
2. More Agreement than Disagreement. The author and a trucking industry coalition have been in ongoing negotiations about the bill and have reached agreement in principle on the following:
3. Duplicative emissions testing regulations should be sunset.
4. Legislative accountability and oversight for issues related to enforceability, downtime, cost and cost-effectiveness of the proposed program should be created.
5. Two biennial reports on program effectiveness should be required.
6. Mechanisms for out-of-state owners to verify compliance prior to entering California should be required.
7. Violations should be resolvable with fix-it tickets.
8. Mobile testing should be allowed.
9. A start time for the program.

The author will offer amendments in committee to reflect these agreements.

1. How Much, How Soon? The trucking industry coalition has two remaining concerns: The level of fees they will be required to pay, and the period of time they are allowed to fix a violation.
   1. The industry coalition is concerned that the bill is a blank check for fees, constrained only by the requirement that the fees be “reasonable”. Fees, by definition, may only recover the actual cost of providing the service. More than that is a tax, which this bill does not authorize. But because the inspection program is in the early stages of creation, the opponents are concerned that the program could be very expansive and costly, resulting in very high fees. Opponents suggest that the ARB will have a realistic estimate of the fees once the pilot program required by this bill is established. Their preference is for the Legislature to authorize fees after it has the ARB’s estimate.
   2. The industry coalition is concerned that the bill does not permit them sufficient time to remedy a violation. The bill is not specific on how much time is allowed, instead deferring the question to the ARB. Opponents suggest that they should be allowed 90 days to remedy any violation. They note that some heavy duty vehicles are in use seasonally. During those seasons the vehicles are in constant use, making it difficult to take the vehicles out of service for repair. The author believes that 90 days is too long, and that 30 – 45 days is more reasonable. It may be possible to divide the question, allowing for more time for the seasonal vehicles and less time for the other vehicles.
2. Other Opposition. In addition to the trucking industry coalition, several other industry groups oppose the bill. In general, they believe that existing heavy duty truck regulations are sufficient and that additional regulations will be costly and are unnecessary.
3. Enforcement. This bill provides for more stringent enforcement of existing emissions requirements using new technology, allowing for more comprehensive monitoring of real world emissions. For in-state vehicles, the enforcement mechanism is fines and, ultimately, an inability to register the vehicle. For out-of-state vehicles the enforcement mechanism is fines, which are difficult to collect as California cannot withhold the vehicle registration granted by other states. A stronger compliance mechanism for out-of-state vehicles may be appropriate.

Related Legislation:

SB 44 (Skinner, 2019) — requires the Air Resources Board (ARB) to develop a comprehensive strategy to reduce greenhouse gas and criteria pollutant emissions from medium- and heavy-duty vehicles. This bill is pending in the Senate Transportation Committee.

SB 216 (Galgiani, 2019) — specifies that a heavy-duty truck exchange is an eligible project for funding under the Carl Moyer Memorial Qir Quality Standards Attainment Program. This bill is pending in the Senate Transportation Committee.

SB 210 (Leyva, 2017) — contained identical provisions to this measure. SB 210 died in the Assembly Transportation Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

POSITIONS: (Communicated to the committee before noon on Wednesday,

April 17, 2019.)

SUPPORT:

American Lung Association of California

Alliance of Nurses for Healthy Environments

Breast Cancer Prevention Partners

Breathe California Sacramento Region

California Air Pollution Control Officers Association

California Bicycle Coalition

California Conference of Directors of Environmental Health

California Environmental Justice Alliance

California Interfaith Power & Light

California League of Conservation Voters

CALSTART

Cancer Action Network

Center for Climate Change & Health

Chanje Energy

ClipperCreek

Coalition for Clean Air

CPHA

Dignity Health

Environment California

EWG

Family Allergy Asthma Clinic

Fossil Free California

Friends Committee on Legislation of California

Long Beach Alliance for Children with Asthma

Maternal and Children Health Access

National Parks Conservation Association

Nextgen California

NRDC

Prevention Institute

PSR San Francisco Bay Area Chapter

PSR Sacramento Chapter

Public Health Institute

Regional Asthma Management & Prevention

San Francisco Asthma Task Force

Sierra Club California

South Coast Air Quality Management District

St. John’s Well Child and Family Center

Union of Concerned Scientists

Valley CAN

Voices for Progress

350 Bay Area Action

350 Riverside

350 Silicon Valley

OPPOSITION:

Associated General Contractors

California Building Industry Association

California Cattlemen’s Association

California Chamber of Commerce

California Chapter of the National Electrical Contractors Association

California Farm Bureau Federation

California Legislative Council of the Plumbing, Heating and Piping Industry

California Municipal Utilities Association

California Trucking Association

Union Roofing Contractors Association

United Contractors

Western Line Constructors

Western States Trucking Association

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2019 - 2020 Regular

Bill No: SB 210

SUBJECT: Heavy-Duty Vehicle Inspections and Maintenance Program

DIGEST: This bill directs the Air Resources Board (ARB) to work in coordination with multiple state agencies in order to develop and implement a Heavy-Duty Inspection and Maintenance Program for non-gasoline, heavy-duty, on-road trucks.

ANALYSIS:

Existing law:

1. Establishes ARB as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and coordinate, encourage, and review the efforts of all levels of government as they affect air quality. (Health and Safety Code (HSC) §39500 et seq.)
   
2. Establishes the Motor Vehicle Inspection Program, commonly known as the smog check program, to help the state meet federal air quality standards, for vehicles under 14,000 pounds. (HSC §44000 et seq.)
   
3. Establishes the Department of Motor Vehicles (DMV) to, among other things, register vehicles for operation in the state. (Vehicle Code §1500 et seq.)
   

This bill:

1. Makes findings and declarations.
   
2. Requires ARB, by an unspecified date, to adopt and implement a regulation for a Heavy-Duty Vehicle Inspection and Maintenance Program (HDVIMP) for non-gasoline, heavy-duty, on-road motor vehicles with a gross vehicle weight rating of more than 14,000 pounds, as specified.
   
3. Requires ARB, in adopting the HDVIMP, to do all of the following:
   
   1. Establish test procedures for different motor vehicle model years and emissions control technologies that measure the effectiveness of the control of emissions of oxides of nitrogen and particulate matter, as specified.
      
   2. Require a motor vehicle to pass the test procedures in order to register or operate in the state.
      
   3. Consider establishing full or partial exemptions from HDVIMP for categories of vehicles, as specified.
      
   4. Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history with the program.
      
   5. Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes.
      
   6. Develop and implement enforcement methods, as specified.
      
   7. Develop an information technology database, as specified, and regularly generate lists of compliant vehicle identification numbers for transmittal to DMV for the annual issuance of vehicle registration notices.
      
4. Allows ARB to establish:
   
   1. Licensing standards for persons engaged in the business of the inspection, diagnosis, and repair of heavy-duty motor vehicles.
      
   2. Qualification standards or approval, operational, or licensure standards for testing vehicle equipment, as specified.
      
5. Requires ARB to develop a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate with specified information.
   
6. Requires ARB to issue a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate to vehicle owners and operators so they may easily demonstrate proof of compliance with applicable state laws, as specified, and requires vehicle owners to keep that certificate of compliance with the vehicle and present it to a peace officer upon demand, as specified.
   
7. Requires ARB to request a permit to deploy equipment on the state highway system, as specified.
   
8. Allows specified state agencies to provide any necessary information to help facilitate the installation of equipment necessary to implement HDVIMP, as well as develop initiatives for outreach and education to help ensure compliance with HDVIMP.
   
9. Applies existing practices to HDVIMP, allowing ARB to inspect vehicles in conjunction with the safety and weight enforcement activities of the Department of the California Highway Patrol or at other locations selected by ARB, as specified.
   
10. Allows ARB to (a) issue a citation to the owner of a vehicle not in compliance with HDVIMP, as specified, and (b) require the owner of a cited vehicle to correct every deficiency specified in the citation within a timeframe determined by ARB.
    
11. Requires ARB to provide an owner cited as violating HDVIMP an opportunity for an administrative hearing, as specified, and allows ARB to apply to the Superior Court for the County of Sacramento for a judgment in the amount of the penalty determined at the administrative hearing, as specified.
    
12. Requires ARB to assess a fee to fund HDVIMP and deposit those moneys into the Truck Emissions Check Fund (TECF) established by the bill, and specifies that moneys in TECF are available to ARB upon appropriation by the Legislature.
    
13. Requires ARB, prior to fully implementing HDVIMP, to implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into HDVIMP, as specified.
    
14. Requires ARB to report the findings of the pilot program on its website.
    
15. Requires DMV, no later than one year after the effective date of a regulation implementing HDVIMP, to confirm, prior to the initial registration, the transfer of ownership, or the renewal of registration, that a vehicle is compliant with, or exempt from, HDVIMP, with specified and limited exceptions.
    
16. Requires ARB to notify DMV of the motor vehicles subject to HDVIMP that are allowed to be registered.
    
17. Allows DMV to issue a temporary permit to operate a vehicle for which registration may be refused due to being out of compliance with HDVIMP, as specified.
    
18. Prohibits DMV from issuing a temporary permit pursuant to operate a vehicle unless there is sufficient evidence that the vehicle has failed its most recent inspection pursuant to HDVIMP.
    
19. Specifies that only one temporary permit may be issued for any vehicle, unless otherwise approved by ARB.
    
20. Specifies that a temporary permit is valid for either 60 days after the expiration of the registration of the vehicle or 60 days after the date that vehicle is removed from nonoperation, whichever is applicable at the time the temporary permit is issued.
    
21. Specifies that a fee of $50 shall be paid for a temporary permit.
    
22. Requires DMV to deduct its administrative costs from the $50 fee and then deposit the remainder in the TECF.
    
23. Prohibits the operation of a non-gasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated on a public road if that vehicle has an illuminated malfunction indicator light, as specified, and makes a violation of that prohibition subject to what is commonly referred to as a “fix-it ticket.”
    
24. Specifies that a peace officer shall not stop a vehicle solely on the suspicion that it is being operated with an illuminated malfunction indicator light.
    
25. Prohibits a non-gasoline, heavy-duty, on-road motor vehicle with a gross vehicle weight rating of more than 14,000 pounds from being operated in a manner that results in the escape of visible smoke, as specified.
    

Background

1. Health impacts of air pollution. When not adequately controlled, air pollution has dire consequences on the health and safety of both people and the environment. Poor air quality causes the lungs to constrict, resulting in wheezing, shortness of breath and chest tightness, especially during exercise or physical activity.
   
   It is well known that air pollution causes asthma. According to the Centers for Disease Control and Prevention, nationwide 7.4% of adults and 8.6% of children have been diagnosed with asthma. In California, the numbers are significantly higher: 13.1% of adults and 12.5% of children have been diagnosed with asthma. Lower income and minority groups are disproportionately affected by asthma due to their increased exposure to air pollution.
   
   Depending on exposure, air pollution alone can cause an increased risk of cardiovascular and respiratory illness, lung disease, cancerous tumors, birth defects, premature births, developmental disorders, central nervous system damage, intellectual disability, persistent memory impairments, epilepsy, dementia, and premature death.
   
   The Lancet, a U.K.-based medical journal, published that 9 million people died in 2015 from all sources of pollution, which cost $4.6 trillion in economic damage. Air pollution accounted for approximately 6.5 million of the 9 million deaths.
   
   A June 2017 study published by Harvard researchers in the New England Journal of Medicine found that there is no safe level of long-term exposure to Particulate Matter (PM) 2.5 (PM that is less than 2.5 micrometers in diameter) and ozone below which there is no risk of premature death. The study followed over 60 million Americans over 65 years old for seven years. Two studies from September and November of 2018 published in the journals Environmental Epidemiology and JAMA Pediatrics, respectively, suggest that rising autism rates might be connected at least in part to air pollution from traffic. They are not the first to show a link between exposure to pollutants during pregnancy and the diagnosis of autism spectrum disorders, but both studies looked at large populations and found a link with relatively low levels of pollutants. An April 2018 study published in PLOS ONE found that long-term exposure to ambient air pollution was a risk factor of a wide range of potential mental health disorders.
   
2. Health effects of diesel exhaust. Diesel exhaust is produced when an engine burns diesel fuel. It is a complex mixture of thousands of gases and fine particles (commonly known as soot) that contains more than 40 toxic air contaminants. These include many known or suspected cancer-causing substances, such as benzene, arsenic and formaldehyde. It also contains other harmful pollutants, including nitrogen oxides (a component of smog).
   
   In 1998, the California Environmental Protection Agency’s (CalEPA) Office of Environmental Health Hazard Assessment (OEHHA) completed a comprehensive health assessment of diesel exhaust. This assessment formed the basis for a decision by ARB to formally identify particles in diesel exhaust as a toxic air contaminant that may pose a threat to human health.

Diesel engines are a major source of PM. The elderly and people with emphysema, asthma, and chronic heart and lung disease are especially sensitive to PM. Numerous studies have linked elevated particle levels in the air to increased hospital admissions, emergency room visits, asthma attacks and premature deaths among those suffering from respiratory problems. Because children’s lungs and respiratory systems are still developing, they are also more susceptible than healthy adults to fine particles. Exposure to PM is associated with increased frequency of childhood illnesses and can also reduce lung function in children.

Diesel exhaust and many individual substances contained in it have the potential to contribute to mutations in cells that can lead to cancer. In fact, long-term exposure to diesel exhaust particles poses the highest cancer risk of any toxic air contaminant evaluated by OEHHA.

1. California’s Smog Check Program. The purpose of the state’s Smog Check Program is to reduce air pollution from vehicles by making sure that cars with excessive emissions are repaired in accordance with federal and state requirements. The program is a joint effort between ARB, the Bureau of Automotive Repair (BAR), and DMV.
   
   With some exceptions, gasoline- and diesel-powered vehicles, hybrid vehicles, and alternative-fuel vehicles that are model year 1976 and newer require a smog check. A smog inspection consists of a tailpipe emission test and an inspection of a vehicle’s on-board diagnostic II (OBD II). The tailpipe emission test is a visual inspection in which the technician checks for blue or black smoke emitting from the tailpipe. As long as there is no blue or black exhaust, the vehicle passes this part of the smog inspection. The OBD II test requires the inspector to attach vehicle components to a smog check machine and run the test for certain codes. An OBD II system independently monitors the performance of a vehicle’s emission control system and relays that information to the smog check machine. If the vehicle components pass each code, then the vehicle passes this part of the smog inspection.
   
   California’s existing Smog Check Program does not apply to heavy-duty vehicles over 14,000 pounds.

Comments

1. Purpose of Bill. According to the author, “SB 210 is a critical next step to reduce pollution from the many big diesel trucks that travel on the roads and highways across California. Applying similar responsibilities to truck operators to maintain their emission controls, just like we already require for everyone else, is common sense.
   
   “As new trucks with modern technology hit the roads, we have a unique opportunity to ensure long lasting air quality improvements and improve the competitiveness of the California trucking industry. SB 210 can be a real win-win for California residents and the air we breathe.
   
   “The Los Angeles / Inland Empire, San Diego / Border, Bay Area and Central Valley trade corridors are vital transportation links to the rest of the nation and are impacted daily by truck congestion and rail traffic. An ongoing issue along these corridors is large truck congestion and particulate matter pollution from the constant truck traffic and idling on our streets and freeways. Current opacity tests are not enough to ensure that heavy-duty trucks are operating cleanly and efficiently.
   
   “SB 210 acknowledges the investments made by the trucking industry to upgrade truck fleets and leverages this investment to create improved time and cost efficient compliance measures.”
   
2. Filling in the blanks. SB 210 requires ARB, by an unspecified date, to adopt and implement a regulation for HDVIMP for non-gasoline heavy-duty, on-road motor vehicles with a gross vehicle weight rating of more than 14,000 pounds. Given that SB 210 also requires ARB, prior to fully implementing HDVIMP, to implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into HDVIMP, it is understandable that the author may not know the appropriate due date for the implementing regulation. This is because the time it will take to complete the pilot program is not necessarily knowable.
   
   As this bill moves forward, the author needs to either (1) specify the due date for the adoption and implementation of the regulation or (2) require the regulation to be adopted and implemented within a specified timeframe from the completion of the pilot project.
   
3. Exemptions. SB 210 contains a provision that allows ARB to establish full or partial exemptions from HDVIMP, but provides no policy direction on which vehicles the Legislature thinks are worthy of such exemptions. It makes sense that certain heavy-duty vehicles, such as zero-emission trucks (e.g., battery electric trucks) should be exempt from HDVIMP because they emit no air pollution. Other alternative fuel vehicles, such as compressed natural gas heavy-duty trucks, that emit less air pollution than diesel vehicles should still be included in HDVIMP.
   
   Additionally, emergency vehicles should be included in HDVIMP, but if a fire truck is responding to a call when its malfunction indicator light turns on, it would be wholly appropriate to exempt that type of operation from HDVIMP.
   
   The committee may wish to consider an amendment to direct ARB to provide a full exemption from HDVIMP for zero-emission, heavy-duty trucks and partial exemptions for emergency vehicles, as appropriate.
   
4. Streamlined process concerns. SB 210 contains a provision that requires ARB to adopt a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history with HDVIMP. Even the most well-intentioned owner or operator could have their vehicle’s emissions controls partially fail without their knowledge, however. This is often the case with diesel particulate matter filters. An actual inspection is the only way to catch such a failure.
   
   The committee may wish to consider an amendment to ensure that the streamlined process required by SB 210 does not waive the requirement for vehicles to pass the test procedures developed pursuant to this measure.
   
5. Permitting equipment on the state highway system. SB 210 appropriately contains a provision requiring ARB to request a permit to deploy equipment necessary to implement HDVIMP on the state highway system. Should a permit request be denied, however, ARB could be incapable of complying with the provisions of this measure. There may be legitimate reasons for denying a permit request, but in order to ensure that ARB can comply with the requirements of SB 210:
   
   The committee may wish to consider an amendment to require the Department of Transportation, should a permit application from ARB be denied, to provide any assistance ARB deems necessary to ensure that equipment can ultimately be deployed in a manner consistent with both the requirements of SB 210 and other existing laws.
   
6. California Consumer Price Index (CPI). The CPI is a measure of the average change over time in the prices paid by urban consumers for a fixed list of goods and services. The CPI provides a way to compare current costs with historical costs. As such, the CPI is a widely used measure of inflation that can be used to adjust, over time, otherwise static fees, fines, penalties, etc., in statute without the need for further legislative action should the desire be to tie the fees, fines, penalties, etc., more or less to inflation.
   
   SB 210 sets a $50 fee for the issuance of a temporary permit without considering inflation.
   
   The committee may wish to consider an amendment to require the fee to be increased annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
   

Related/Prior Legislation

SB 210 (Leyva, 2017) contained identical provisions to this measure. SB 210 died in the Assembly Transportation Committee.

Double Referral:

If this measure is approved by the Senate Environmental Quality Committee, the do pass motion must include the action to re-refer the bill to the Senate Transportation Committee.

SOURCE:

Author

SUPPORT:

American Cancer Society Cancer Action Network, Inc.

American Lung Association in California

Alliance of Nurses for Healthy Environments

Bay Area Air Quality Management District

Breathe California, Sacramento Region

Breast Cancer Prevention Partners

California Air Pollution Control Officers Association (CAPCOA)

California Bicycle Coalition

California Conference of Directors of Environmental Health

California Interfaith Power & Light

California League of Conservative Voters

California Public Health Association – North

CALSTART

Center For Climate Change and Health

Chanje Energy

ClipperCreek, Inc.

Coalition for Clean Air

Dignity Health

Environment California

Environmental Defense Fund

Environmental Working Group

Family Allergy Asthma Clinic (Fresno)

Fossil Free America

Friends Committee On Legislation Of California

Green California

Long Beach Alliance for Children with Asthma

Maternal and Child Health Access (Los Angeles)

National Parks Conservation Association

National Resources Defense Council

Next Gen California

Physicians for Social Responsibility, Sacramento

Physicians for Social Responsibility, San Francisco Bay Area Chapter

Prevention Institute

Public Health Institute

Regional Asthma Management and Prevention (RAMP)

San Francisco Asthma Task Force

Sierra Club California

St. John’s Well Child and Family Center (Los Angeles)

Valley CAN

Voices For Progress

350 Bay Area

350 Riverside

OPPOSITION:

California Municipal Utilities Association

California Cattlemen’s Association

California Chamber of Commerce

California Farm Bureau Federation

-- END --