JurisdictionCaliforniaCode HSCHealth and Safety Code - HSC
Div. 26.DIVISION 26. AIR RESOURCES
Part 5.PART 5. VEHICULAR AIR POLLUTION CONTROL
Ch. 1.CHAPTER 1. General Provisions
This text of California § 43021. (43021. (Added by Stats. 2017, Ch. 5, Sec. 18.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Except as provided in subdivision (b), the retirement, replacement, retrofit, or repower of a self-propelled commercial motor vehicle, as defined in Section 34601 of the Vehicle Code, shall not be required until the later of the following:
(1)Thirteen years from the model year the engine and emission control system are first certified for use in self-propelled commercial motor vehicles by the state board or other applicable state and federal agencies.
(2)When the vehicle reaches the earlier of either 800,000 vehicle miles traveled or 18 years from the model year the engine and emission control system are first certified for use in self-propelled commercial motor vehicles by
the state board or other applicable state and federal agencies.
(b)This section does not apply to any of
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(a)
Except as provided in subdivision (b), the retirement, replacement, retrofit, or repower of a self-propelled commercial motor vehicle, as defined in Section 34601 of the Vehicle Code, shall not be required until the later of the following:
(1)
Thirteen years from the model year the engine and emission control system are first certified for use in self-propelled commercial motor vehicles by the state board or other applicable state and federal agencies.
(2)
When the vehicle reaches the earlier of either 800,000 vehicle miles traveled or 18 years from the model year the engine and emission control system are first certified for use in self-propelled commercial motor vehicles by
the state board or other applicable state and federal agencies.
(b)
This section does not apply to any of the following:
(1)
Safety programs, including, but not limited to, those adopted pursuant to Section 34501 of the Vehicle Code.
(2)
Voluntary incentive and grant programs, including, but not limited to, those that give preferential access to a facility to a particular vehicle or class of vehicles.
(3)
Programs designed to address inspection of, tampering with, and maintenance of, emission control systems.
(4)
Programs designed to address imminent health risks where evidence, unavailable at the time equipment is certified for use by the state board or other applicable state and federal
agencies, is sufficient to show that immediate corrective action is necessary to prevent injury, illness, or death.
(c)
This section only applies to laws or regulations adopted or amended after January 1, 2017.
(d)
It is the intent of the Legislature for this section to provide owners of self-propelled commercial motor vehicles, as defined in subdivision (a), certainty about the useful life of engines certified by the state board and other applicable agencies to meet required environmental standards for sale in the state. This section is not meant to otherwise restrict the authority of the state board or districts.
(e)
(1)
The state board shall, by January 1, 2025, evaluate the impact of the provisions of this section on state and local clean air efforts to meet state and local clean air goals.
The evaluation shall include a review of the following:
(A)
Compliance with the truck and bus rule (Section 2025 of Title 13 of the California Code of Regulations).
(B)
The benefits and impacts of measures enacted to improve local air quality impacts from stationary sources.
(C)
State implementation plan compliance.
(2)
As part of the study, the state board shall make recommendations to the Legislature on additional or different mechanisms for achieving those goals while recognizing the financial investments made by the effected entities. In developing the study, the state board shall take into account the report required in Section 38531 of the Health and Safety Code.
(3)
The state board
shall hold at least one public workshop prior to the completion of the study.