reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4.5 - Protect California Air Act of 2003 › Section 42502.

42502. The Legislature further finds and declares all of the following:
(a)  The people of the State of California have a primary interest in safeguarding the air quality in the state from degradation and in ensuring the enhancement of the air quality of the state.
(b)  Emissions from nonvehicular sources are a significant contributing factor to unhealthful levels of air pollution in California. These emissions must be controlled to protect public health and the environment, and to allow the economic benefits of new and expanded business in this state without compromising those important goals.
(c)  Under state law, air quality management districts and air pollution control districts have primary responsibility for controlling air pollution caused by nonvehicular sources, including stationary sources. The primary mechanism for controlling pollution from new and modified stationary sources is the existing new source review program of the districts. The application of the new source review programs requires that all new and modified sources, unless specifically exempted, must apply control technology and offset emissions increases as a condition of receiving a permit.
(d)  The districts generally require the application of the lowest achievable emission rate, also known as California BACT, to achieve the necessary level of emission control from new or modified sources.
(e)  The requirement for California BACT, offsets, and other requirements are set out in the rules and regulations adopted by the districts to establish the new source review program. These rules and regulations, which typically are more stringent than the minimum requirements established by federal law, are reviewed and approved by the state board and transmitted to the U.S. E.P.A. for inclusion in the SIP.
(f)  The districts have one of the most effective new source review programs in the nation, with requirements for advanced emission control technology on new and expanding sources as its foundation. This technology-based program succeeds by requiring application of emission control technology at the time of construction or when a source undergoes a significant modification, which maximizes the emission reduction benefits and reduces costs.
(g)  With this and other programs, California has been able to improve air quality despite increases in population, industrial output, and motor vehicle use. However, significant areas of the state still do not meet the federal or state ambient air quality standards, which are set at levels necessary to protect public health and welfare. Any rollback of the new source review program, as a result of the federal “reforms,” would exacerbate the continuing air pollution challenges faced by the state and delay attainment of the state and federal ambient air quality standards.
(Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4.5 - Protect California Air Act of 2003 › Section 42503.

42503. The purposes of this chapter are all of the following:
(a)  To attain and maintain state and federal ambient air quality standards by the earliest practicable date.
(b)  To protect public health and welfare from any actual or potential adverse effect which reasonably may be anticipated to occur from air pollution.
(c)  To preserve, protect and enhance the air quality in national parks, national wilderness areas, national monuments, national seashores, and other areas of special national or regional natural, recreational, scenic, or historic value.
(d)  To ensure that economic growth will occur in a manner consistent with the preservation of existing clean air resources.
(e)  To ensure that emissions from any source in the state will not interfere with any portion of the applicable implementation plan to prevent significant deterioration of air quality for this or any other state.
(f)  To ensure that any decision to permit increased air pollution in any area to which this chapter applies is made only after careful evaluation of all the consequences of that decision and after adequate procedural opportunities for informed public participation in the decisionmaking process.
(Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4.5 - Protect California Air Act of 2003 › Section 42505.

42505. For purposes of this chapter, each district’s “existing new source review program” is comprised of those new source review rules and regulations for both nonattainment and prevention of significant deterioration for new, modified, repaired, or replaced sources that have been adopted by the district governing board on or prior to December 30, 2002, that have been submitted to the U.S. Environmental Protection Agency by the state board for inclusion in the state implementation plan and are pending approval or have been approved by the U.S. Environmental Protection Agency.
(Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4.5 - Protect California Air Act of 2003 › Section 42506.

42506. In order to assist in interpreting district rules and regulations governing new source review for nonattainment areas and for prevention of significant deterioration, the state board shall provide on its Web site and in writing for purchase by the public, a copy of the federal new source review regulations as they existed on December 30, 2002, and the United States Environmental Protection Agency’s guidance document entitled, “New Source Review Workshop Manual: Prevention of Significant Deterioration and Nonattainment Area Permitting,” (October 1990 Draft).
(Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4.5 - Protect California Air Act of 2003 › Section 42507.

42507. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, it is the intent of the Legislature that the invalidity not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Monitoring Devices › Section 42700.

42700. (a)  The Legislature hereby finds and declares that stationary sources of air pollution are known to emit significant amounts of pollutants into the air, but that existing sampling techniques are not sufficiently precise to permit accurate measurement. The Legislature further finds and declares that more accurate data will improve the design of strategies for the control of pollutants in the most cost-effective manner.
(b)  The Legislature further finds and declares that public complaints about excessive emissions from stationary sources are difficult or impossible to evaluate in the absence of adequate means of monitoring emissions on a continuing basis. The Legislature further finds and declares that, although the state board and the districts are authorized under Sections 41511 and 42303 to require stationary sources of air contaminants to install and operate monitoring devices to measure and record continuously the emissions concentration and amount of any specified pollutant, many districts have failed to exercise that authority.
(c)  The Legislature further finds and declares that all districts, especially the bay district, the districts located, in whole or part, within the South Coast Air Basin, and the San Diego County Air Pollution Control District, should be encouraged to require that monitoring devices be installed in each stationary source of air contaminants that emits into the atmosphere 100 tons or more each year of nonmethane hydrocarbons, oxides of nitrogen, oxides of sulfur, reduced sulfur compounds, or particulate matter or 1,000 tons or more each year of carbon monoxide.
(d)  The Legislature further finds and declares that, pursuant to Section 39616, the south coast district has required the installation of a substantial number of monitoring devices and the installation and use of strip chart recorders for compliance purposes. However, electronic or computer data capture and storage is generally less costly and may have the capability to provide greater data availability with the same degree of security.
(e)  To encourage the districts to take actions to monitor emissions of stationary sources as described in this section, the state board shall determine the availability, technological feasibility, and economic reasonableness of monitoring devices for those stationary sources as provided by Section 42701.
(f)  To make emissions data available to the public and to minimize burdens on the private sector, the districts shall allow stationary sources the option of using electronic or computer data storage for purposes of compliance with Section 39616.
(Amended by Stats. 1996, Ch. 618, Sec. 6. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Monitoring Devices › Section 42701.

42701. (a)  For the purposes of Sections 41511 and 42303, the state board shall determine the availability, technological feasibility, and economic reasonableness of monitoring devices to measure and record continuously the emissions concentration and amount of nonmethane hydrocarbons, oxides of nitrogen, oxides of sulfur, reduced sulfur compounds, particulate matter, and carbon monoxide emitted by stationary sources. Such determination shall be made for stationary sources which emit such contaminants in the quantities set forth in Section 42700, and may be made for stationary sources which emit lesser amounts. The state board shall complete an initial review of submitted devices by June 1, 1975.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Monitoring Devices › Section 42702.

42702. The state board shall specify the types of stationary sources, processes, and the contaminants, or combinations thereof, for which a monitoring device is available, technologically feasible, and economically reasonable. Such specification may be by any technologically based classification, including on an industrywide basis or by individual stationary source, by air basin, by district, or any other reasonable classification.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Monitoring Devices › Section 42703.

42703. The state board shall require the manufacturer of any monitoring device submitted for a determination to reimburse the state board for its actual expenses incurred in making the determination, including, where applicable, its contract expenses for testing and review.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Monitoring Devices › Section 42704.

42704. After the state board has made a determination of availability, the state board may, as appropriate, revoke or modify its prior determination of availability if circumstances beyond the control of the state board, or of a stationary source required to install a monitoring device, cause a substantial delay or impairment in the availability of the device or cause the device no longer to be available.
(Amended by Stats. 1976, Ch. 1063.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Monitoring Devices › Section 42705.

42705. Any stationary source required by the district in which the source is located to install and operate a monitoring device shall retain the records from the device for not less than two years and, upon request, shall make the records available to the state board and the district. The district shall allow the source the option of using electronic or computer data storage, as defined in Section 40407.5 and consistent with Section 40440.3, as a method of record retention. The source shall not be limited solely to the installation or maintenance of strip chart recorders.
(Amended by Stats. 1996, Ch. 618, Sec. 7. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Monitoring Devices › Section 42706.

42706. Any violation of any emission standard to which the stationary source is required to conform, as indicated by the records of the monitoring device, shall be reported by the operator of the source to the district within 96 hours after such occurrence. The district shall, in turn, report the violation to the state board within five working days after receiving the report of the violation from the operator.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Monitoring Devices › Section 42707.

42707. The air pollution control officer shall inspect, as he determines necessary, the monitoring devices installed in every stationary source of air contaminants located within his jurisdiction required to have such devices to insure that such devices are functioning properly. The district may require reasonable fees to be paid by the operator of any such source to cover the expense of such inspection and other costs related thereto.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Monitoring Devices › Section 42708.

42708. This chapter shall not prevent any local or regional authority from adopting monitoring requirements more stringent than those set forth in this chapter or be construed as requiring the installation of monitoring devices on any stationary source or classes of stationary sources. This section shall not limit the authority of the state board to require the installation of monitoring devices pursuant to Chapter 1 (commencing with Section 41500).
(Amended by Stats. 1976, Ch. 1063.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 6 - Natural Gas Storage Facility Monitoring › Section 42710.

42710. (a) The state board, in consultation with any local air district and the Geologic Energy Management Division in the Department of Conservation, shall develop a natural gas storage facility monitoring program that includes continuous monitoring of the ambient concentration of natural gas at sufficient locations throughout a natural gas storage facility or planned natural gas storage facility to identify natural gas leaks and the presence of natural gas emissions in the atmosphere. The continuous monitoring program may be supplemented by daily leak detection measurements.
(b) (1) The program shall include guidelines for the continuous monitoring which shall include, at minimum, optical gas imaging, where applicable, and accurate quantitative monitoring of natural gas concentrations. The program shall include protocols for both stationary and mobile monitoring, as well as fixed and temporary monitoring locations.
(2) The program shall require optical gas imaging when a large, ongoing leak occurs.
(c) An operator of a natural gas storage facility shall develop and submit to the state board a facility monitoring plan that satisfies program requirements pursuant to subdivisions (a) and (b). The state board shall review the plan and may approve or disapprove the plan.
(d) An operator of a natural gas storage facility shall conduct monitoring in accordance with the facility monitoring plan approved by the state board pursuant to subdivision (c).
(e) An operator of a natural gas storage facility shall provide monitoring data to the state board. All materials provided to comply with this section shall be posted and available to the public on the internet website of the state board.
(Amended by Stats. 2019, Ch. 771, Sec. 4. (AB 1057) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43000.

43000. The Legislature finds and declares as follows:
(a)  The emission of air pollutants from motor vehicles is the primary cause of air pollution in many parts of the state.
(b)  The control and elimination of those air pollutants is of prime importance for the protection and preservation of the public health and well-being, and for the prevention of irritation to the senses, interference with visibility, and damage to vegetation and property.
(c)  The state has a responsibility to establish uniform procedures for compliance with standards which control or eliminate those air pollutants.
(d)   Vehicle emission standards applied to new motor vehicles, and to used motor vehicles equipped with motor vehicle pollution control devices, are standards with which all motor vehicles shall comply.
(e)  Dependence on petroleum based fuels in motor vehicles not only contributes to substantial degradation of air quality and risk to public health, but also impedes the state’s progress toward the petroleum use reduction goal prescribed in Section 25000.5 of the Public Resources Code.
(Amended by Stats. 1991, Ch. 900, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43000.5.

43000.5. The Legislature further finds and declares as follows:
(a)  Despite the significant reductions in vehicle emissions which have been achieved in recent years, continued growth in population and vehicle miles traveled throughout California have the potential not only to prevent attainment of the state standards, but in some cases, to result in worsening of air quality.
(b)  The attainment and maintenance of the state air quality standards will necessitate the achievement of substantial reductions in new vehicle emissions and substantial improvements in the durability of vehicle emissions systems.
(c)  The burden for achieving needed reductions in vehicle emissions should be distributed equitably among various classes of vehicles, including both on- and off-road vehicles, light-duty cars and trucks, and heavy-duty vehicles, to accomplish improvements in both the emissions level and in-use performance and durability of all new motor vehicles.
(d)  The state board should take immediate action to implement both short- and long-range programs of across-the-board reductions in vehicle emissions and smoke, including smoke from heavy-duty diesel vehicles, which can be relied upon by the districts in the preparation of their attainment plans or plan revisions pursuant to Sections 40911, 40902, and 40925.
(e)  In order to attain the state and federal standards as expeditiously and equitably as possible, it is necessary for the authority of the state board to be clarified and expanded with respect to the control of motor vehicles and motor vehicle fuels.
(Amended by Stats. 1991, Ch. 900, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43001.

43001. The provisions of this part shall not apply to:
(a)  Racing vehicles.
(b)  Motorcycles, except as otherwise provided in Section 43107.
This section shall become operative on January 1, 1989.
(Amended (as amended by Stats. 1982, Ch. 467, Sec. 2) by Stats. 1984, Ch. 233, Sec. 2. Section operative January 1, 1989, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43002.

43002. No motor vehicle of historic interest shall be required to have any motor vehicle pollution control device, except for such devices that were required by this part for such vehicles prior to the time that special identification plates were issued for that vehicle pursuant to Section 5004 of the Vehicle Code.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43002.2.

43002.2. The state board shall waive the provisions of this division on a case-by-case basis for the purpose of allowing the importation of vehicles designed only for use for disabled persons.
(Added by Stats. 1984, Ch. 244, Sec. 1. Effective June 26, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43004.

43004. Except as otherwise provided in Section 43001, 43002, or 43005, the standards applicable under this part for exhaust emissions for gasoline-powered motor vehicles shall apply to motor vehicles which have been modified or altered to use a fuel other than gasoline or diesel.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43005.

43005. Section 43004 of this code, and Sections 4000.1 and 27156 of the Vehicle Code, shall not apply to a motor vehicle altered or modified to use a fuel other than gasoline or diesel completed prior to August 31, 1969.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43006.

43006. The state board may certify the fuel system of any motor vehicle powered by a fuel other than gasoline or diesel which meets the standards specified by Section 43004 and adopt test procedures for such certification.
(Amended by Stats. 1976, Ch. 1063.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43007.

43007. Whenever any motor vehicle is required to be equipped with any motor vehicle pollution control device by rules and regulations adopted by any district pursuant to Section 43658, such motor vehicle shall be equipped with such device.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43008.

43008. Except as provided by Sections 43100 and 43101 and Chapter 3 (commencing with Section 43600), all motor vehicles required pursuant to the National Emission Standards Act (42 U.S.C., Secs. 1857f-1 to 1857f-7, inclusive) and the standards and regulations promulgated thereunder, to be equipped with motor vehicle pollution control devices, shall be equipped with such devices required by that act.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43008.5.

43008.5. In addition to the standards and test procedures adopted by the state board pursuant to Sections 43203.5 and 44201, the state board may adopt, by regulation, alternate test procedures for certifying direct import vehicles identical to the test procedures applicable to those vehicles pursuant to the National Emission Standards Act (42 U.S.C., Secs. 1857f-1 to 1857f-7, incl.) and the regulations adopted thereunder, if the emission standards applicable to those motor vehicles are the standards adopted by the state board for new or used direct import vehicles pursuant to Section 43203.5 or 44201, respectively.
Those alternate test procedures shall be adopted only if the state board determines that those procedures would be at least as effective for controlling motor vehicle emissions as the procedures adopted pursuant to Section 43203.5 or 44201, as applicable.
(Added by Stats. 1989, Ch. 859, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43008.6.

43008.6. (a)  Notwithstanding Section 43012, for the purpose of enforcing or administering Section 27156 of the Vehicle Code, the executive officer of the state board or an authorized representative of the executive officer, upon presentation of credentials or, if necessary under the circumstances, after obtaining a warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, has the right of entry to any premises owned, operated, used, leased, or rented by an owner or operator of any vehicle operated for commercial purposes in order to inspect any such motor vehicle, secure emission samples therefrom, or inspect and copy any maintenance, use, or other records pertaining to that vehicle.
(b)  The state board may collect a civil penalty not to exceed one thousand five hundred dollars ($1,500) for each violation of Section 27156 of the Vehicle Code. Any penalties shall be paid to the Treasurer for deposit in the Air Pollution Control Fund.
(c)  The civil penalty specified in subdivision (b) may be collected for one or more violations involving the tampering with or disabling of a gasoline-powered vehicle’s air injection, exhaust gas recirculation, crankcase ventilation, fuel injection, carburetion, ignition timing, or evaporative control system, fuel filler neck restrictor, oxygen sensor or related electronic controls, or catalytic converter, or for the use of leaded fuel in a vehicle certified for the use of unleaded fuel only.
(d)  The civil penalty specified in subdivision (b) may not be collected for a violation that is related to any tampering or disabling of a gasoline-powered vehicle specified in subdivision (c) by a rental customer of that vehicle, including, but not limited to, a missing gasoline filler cap and a disconnected or missing heated air intake tube or vacuum hose. However, if more than 20 percent of an owner’s or operator’s gasoline-powered vehicles are found to be nonconforming during each of three consecutive inspections conducted 30 or more days apart during any one-year period, the civil penalty specified in subdivision (b) applies and shall be collected for each time a vehicle is found in a nonconforming condition.
(Added by Stats. 1989, Ch. 1154, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43009.

43009. Except as otherwise provided in Section 43002, every motor vehicle subject to this part shall meet the standards adopted by the state board pursuant to Sections 27157 and 27157.5 of the Vehicle Code.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43009.5.

43009.5. (a)  If, based on a review of information derived from a statistically valid and representative sample of vehicles, the state board determines that a substantial percentage of any class or category of vehicles certified under the optional standards of Section 43101.5, and of Section 1960.15 of Title 13 of the California Administrative Code, exhibits, prior to 75,000 miles or seven years, whichever occurs first, an identifiable, systematic defect in a component listed in paragraph (2) of subdivision (c) of Section 1960.15, which causes a significant increase in emissions above those exhibited by vehicles free of defects and of the same class or category and having the same period of use and mileage, the state board may invoke its enforcement authority under Section 43105 to require remedial action by the vehicle manufacturer. The remedial action shall be limited to owner notification and repair or replacement of the defective component. As used in this section, the term “defect” shall not include failures which are the result of abuse, neglect, or improper maintenance.
(b)  Nothing in this section shall limit or otherwise affect the recall authority of the state board, except as provided in subdivision (a).
(Added by Stats. 1982, Ch. 1173, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43010.

43010. With respect to the program designed and adopted by the Department of Consumer Affairs pursuant to Chapter 20.4 (commencing with Section 9889.50) of Division 3 of the Business and Professions Code, the state board shall, in time for the Department of Consumer Affairs to comply with the schedule specified in subdivisions (a) and (b) of Section 9889.55 of that code, after public hearings, prescribe maximum air pollution emission standards to be applied in inspecting motor vehicles.
In prescribing such standards, the state board shall undertake such studies and experiments as are necessary and feasible, evaluate available data, and confer with automotive engineers.
The standards shall be set at a level reasonably achievable for each class and model of motor vehicle when operating in a reasonably sound mechanical condition, allowing for the effects of installed motor vehicle pollution control devices, and the motor vehicle’s age and total mileage. The standards shall be designed to secure the operation of all such motor vehicles, as soon as possible, with a substantial reduction in air pollution emissions, and shall be revised from time to time, as experience justifies.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43011.

43011. (a)  The state board shall establish criteria for the evaluation of the effectiveness of motor vehicle pollution control devices. After the establishment of such criteria, the state board shall evaluate motor vehicle pollution control devices which have been submitted to it for testing.
(b)  The criteria established by the state board pursuant to subdivision (a) shall include, but need not be limited to:
(1)  Provisions for the testing of vehicles on which a device is installed, when an engineering evaluation of the device indicates such testing is warranted.
(2)  A requirement that independent test data be supplied to the state board for each device it is requested to test.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43011.5.

43011.5. (a) Every three years, the state board shall review its existing enforcement of diesel emission control regulations and anticipated enforcement needs for future diesel emission control regulations for manufacturers, owners, or operators of on-road and off-road vehicles and engines to implement the state board’s Diesel Risk Reduction Plan and Emission Reduction Plan for Ports and Goods Movement, and develop a strategic plan for consistent, comprehensive, and fair enforcement of these regulations.
(b) The state board shall consult with the districts and the public in developing the plan, and shall review the plan at a public board meeting.
(c) The plan shall include, but is not limited to, all of the following:
(1) An assessment of the need for additional staff and technology resources at the state board to ensure that the appropriate resources are available to ensure consistent enforcement of diesel emission control regulations for on-road and off-road vehicles and engines throughout the state and in areas where diesel emissions are concentrated.
(2) Goals for inspection frequency for the next three years to promote the maximum level of compliance with diesel emission control regulations for on-road and off-road vehicles and engines.
(3) An education and outreach component to increase public awareness and understanding of the diesel regulations identified in subdivision (a). The education and outreach component shall include the placement of signs and other materials in multiple languages where appropriate in locations where significant numbers of idling trucks and engines have been found, especially locations near schools and residential communities, to ensure that operators of trucks traveling through the state and other affected individuals and businesses are aware of the state’s diesel engine idling requirements.
(4) A training program for local enforcement staff, including, but not limited to, outreach to highway patrol, local police, and local air district staff on enforcement of the state’s diesel engine idling requirements through workshops, educational material, and training sessions in northern and southern California.
(d) The state board shall submit the plan prepared pursuant to subdivision (a) to the relevant legislative policy and fiscal committees by January 1, 2009, and every three years thereafter.
(Added by Stats. 2007, Ch. 592, Sec. 3. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43013.1.

43013.1. (a)  The State Energy Resources Conservation and Development Commission, in consultation with, and the state board, shall develop a timetable for the removal of MTBE from gasoline at the earliest possible date. In developing the timetable, the commission and the state board shall consider studies conducted by the commission and should ensure adequate supply and availability of gasoline.
(b)  The state board shall ensure that regulations for California Phase 3 Reformulated Gasoline (CaRFG3) adopted pursuant to Executive Order D-5-99 meet all of the following conditions:
(1)  Maintain or improve upon emissions and air quality benefits achieved by California Phase 2 Reformulated Gasoline in California as of January 1, 1999, including emission reductions for all pollutants, including precursors, identified in the State Implementation Plan for ozone, and emission reductions in potency-weighted air toxics compounds.
(2) Provide additional flexibility to reduce or remove oxygen from motor vehicle fuel in compliance with the regulations adopted pursuant to subdivision (a).
(3)  Are subject to a multimedia evaluation pursuant to Section 43830.8.
(c)  On or before April 1, 2000, the State Water Resources Control Board, in consultation with the Department of Water Resources and the State Department of Health Services, shall identify areas of the state that are most vulnerable to groundwater contamination by MTBE or other ether-based oxygenates. The State Water Resources Control Board shall direct resources to those areas for protection and cleanup on a prioritized basis. Loans for upgrading, replacing, or removing tanks shall be made available pursuant to Chapter 8.5 (commencing with Section 15399.10) of Part 6.7 of Division 3 of Title 2 of the Government Code. In identifying areas vulnerable to groundwater contamination, the State Water Resources Control Board shall consider criteria including, but not limited to, any one, or any combination of, the following:
(1)  Hydrogeology.
(2)  Soil composition.
(3)  Density of underground storage tanks in relation to drinking water wells.
(4)  Degree of dependence on groundwater for drinking water supplies.
(Added by Stats. 1999, Ch. 812, Sec. 26. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43013.3.

43013.3. Notwithstanding Section 43013.1, the Secretary for Environmental Protection may prohibit the use of methyl tertiary-butyl ether (MTBE) in motor vehicle fuel prior to December 31, 2002, on a subregional basis in the Bay Area Air Basin, or in any other air basin in the state, if the secretary finds and determines all of the following:
(a)  That the removal of MTBE in motor vehicle fuel on a subregional basis will not cause or contribute to the basin being designated as a state or federal nonattainment area for one or more ambient air quality standards, including, but not limited to, state or federal ambient air standards for ambient ozone and carbon monoxide.
(b)  That the removal of MTBE in motor vehicle fuel will not increase potency-weighted air toxic compounds, or violate one or more control measures adopted by the state board or a district pursuant to Chapter 3.5 (commencing with Section 39650) of Part 2.
(c)  That the subregion is a vulnerable groundwater area as defined in Section 25292.4.
(d)  That the removal of MTBE will not significantly affect the price or supply of gasoline in the subregion.
(Added by Stats. 1999, Ch. 812, Sec. 27. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43013.5.

43013.5. For purposes of implementing and enforcing Section 43020, the State Air Resources Board shall purchase and install a wavelength dispersive XRF spectrometer with the capability to analyze gasoline and diesel fuels and other petroleum products for sulfur content according to ASTM procedures specified by regulation.
(Amended by Stats. 2004, Ch. 193, Sec. 106. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43014.

43014. The state board may issue permits for the testing of experimental motor vehicle pollution control devices installed in used motor vehicles, or for the testing of experimental or prototype motor vehicles which appear to have very low emission characteristics.
(Added by Stats. 1976, Ch. 1063.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43015.

43015. (a) The Air Pollution Control Fund is continued in existence in the State Treasury. Upon appropriation by the Legislature, the money in the fund shall be available to the state board to carry out its duties and functions.
(b) Projects using grants, loans, vouchers, or other incentives funded in part or whole by the Air Pollution Control Fund shall be conditioned on the requirements of Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable. The state board may include in an existing report its description of how projects funded by the Air Pollution Control Fund are implementing the labor standards described in Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable.
(Amended by Stats. 2021, Ch. 748, Sec. 6. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43016.

43016. (a) (1) A person who violates any provision of this part, or any order, rule, or regulation of the state board adopted pursuant to this part, and for which violation there is not provided in this part any other specific civil penalty or fine, shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each such action pursuant to this part. Violations involving portable fuel containers or small off-road engines shall be subject to a civil penalty not to exceed five hundred dollars ($500) per unit. For a manufacturer or distributor who violates any provision of this part, or any order, rule, or regulation of the state board adopted pursuant to this part, the payment of the penalty and making the product compliant with applicable emission control laws may be required by the executive officer of the state board as conditions for the continued sale in this state of those products regulated by the state board pursuant to this division.
(2) The state board shall adjust the maximum penalties specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b) Any penalty collected pursuant to this section shall be deposited in the Air Pollution Control Fund.
(Amended by Stats. 2016, Ch. 604, Sec. 1. (AB 1685) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43017.

43017. The state board may enjoin any violation of any provision of this part, or of any order, rule, or regulation of the state board, in a civil action brought in the name of the people of the State of California, except that the state board shall not be required to allege facts necessary to show, or tending to show, lack of adequate remedy at law or to show, or tending to show, irreparable damage or loss.
(Added by Stats. 1986, Ch. 110, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43018.11.

43018.11. (a) (1) By July 1, 2022, the state board shall, consistent with federal law, adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines, as defined by the state board. Those regulations shall apply to engines produced on or after January 1, 2024, or as soon as the state board determines is feasible, whichever is later.
(2) In determining technological feasibility pursuant to paragraph (1), the state board shall consider all of the following:
(A) Emissions from small off-road engines in the state.
(B) Expected timelines for zero-emission small off-road equipment development.
(C) Increased demand for electricity from added charging requirements for more zero-emission small off-road equipment.
(D) Use cases of both commercial and residential lawn and garden users.
(E) Expected availability of zero-emission generators and emergency response equipment.
(b) Consistent with the regulations adopted pursuant to this section and relevant state law, the state board shall identify, and, to the extent feasible, make available, funding for commercial rebates or similar incentive funding as part of any updates to existing, applicable funding program guidelines for districts to implement to support the transition to zero-emission small off-road equipment operations.
(Added by Stats. 2021, Ch. 753, Sec. 2. (AB 1346) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43018.2.

43018.2. (a) The state board shall amend Sections 2449.1 and 2449.2 of Title 13 of the California Code of Regulations to do both of the following:
(1) Modify the nitrogen oxides (NOx) and particulate matter (PM) best available control technology requirements to allow a fleet to achieve its cumulative turnover and retrofit requirements for the years 2011 to 2013, inclusive, by completing 20 percent of its cumulative turnover and retrofit obligations in 2011, an additional 20 percent in 2012, and the balance in 2013.
(2) (A) Modify the nitrogen oxides (NOx) and particulate matter (PM) credit provisions to reflect vehicle retirements that reduce total fleet horsepower between March 1, 2006, and March 1, 2010, and reduced activity between July 1, 2007, and March 1, 2010.
(B) “Reduced activity” for the purposes of this paragraph means the percentage reduction in the average annual hours of operation of the off-road fleet. That percentage shall be carried forward as a credit for nitrogen oxides (NOx) and particulate matter (PM) to offset the annual percentage reductions required for 2010 and 2011. The credit shall not be used to meet any obligations beyond 2011.
(b) The amendment of regulations required by this section is exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(Added by Stats. 2009, 2nd Ex. Sess., Ch. 6, Sec. 2. Effective May 21, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43018.7.

43018.7. If adopting or amending regulations to reduce motor vehicle cabin temperature in order to reduce greenhouse gas emissions, the state board shall consider all of the following:
(a) Potential reductions in air-conditioning use that can be achieved while a motor vehicle is moving, in addition to reductions in air-conditioning use when a motor vehicle is parked.
(b) Potential conflicts between, and relative benefits of, motor vehicle cabin temperature reduction requirements and technologies that provide motor vehicle greenhouse gas emission reductions through various means.
(c) The flexibility necessary to achieve overall maximum greenhouse gas emission reductions from motor vehicles.
(Added by Stats. 2010, Ch. 648, Sec. 1. (SB 1328) Effective January 1, 2011.)