Enforcement and Penalties

2024 – Senate Bill 301 (Portantino, Anthony), Vehicular Air Pollution: Zero-Emission Aftermarket Conversion Project (Vetoed)

Summary 

Would have required CARB to establish the Zero-Emission Aftermarket Conversion Project (ZACP) to provide an applicant with a rebate for the aftermarket conversion of a motor vehicle into a zero-emission vehicle (ZEV). This bill would have also required, upon appropriation by the Legislature in the annual Budget Act or at the discretion of CARB, to fund the program using funds available from a clean transportation program that is in effect on or after the date CARB establishes ZACP. The bill would have also required CARB’s guidelines to require that an eligible ZEV have a range of at least 100 miles and have completed an inspection of safety systems and components by a licensee of the Bureau of Automotive Repair, as provided.

View full bill text here

 

Governor’s Veto Message 

To the Members of the California State Senate:  

I am returning Senate Bill 301 without my signature.  

This bill would require the California Air Resources Board (CARB) to establish the Zero-Emission Aftermarket Conversion Project (ZACP) to provide an applicant with a financial rebate for converting a gasoline- or diesel-fueled vehicle into a zero-emission vehicle (ZEV).  

California is showing the world what's possible - fostering innovation and creating space for an industry to flourish as the sale of ZEVs reach record highs, with over 1 .8 million ZEVs now on California's roads. The state continues to invest billions of dollars in ZEV deployment and supporting infrastructure to achieve our ambitious climate and clean air goals.  

While I share the author's desire to further accelerate the state's transition to ZEVs, this bill creates a new program at a time when the state faces a $44.9 billion shortfall for the 2024-25 fiscal year. Additionally, there is no funding currently identified or available in the state budget to support this new program. 

For these reasons, I cannot sign this bill. 

Sincerely, 

Gavin Newsom 

View Governor’s veto message here 

 

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301

2024 – Assembly Bill 3219 (Sanchez, Kate), Advanced Clean Fleets Regulation: Local Governments (Dead)

Summary 

Would have provided an exemption to local governments purchasing a vehicle weighing more than 8,500 pounds from CARB’s Advanced Clean Fleets (ACF) Regulation if the price of the zero-emission version of a vehicle is more than an unspecified percentage of the price of a comparable internal combustion engine version of that vehicle. Was not heard in the Assembly Transportation Committee. 

View full bill text here 

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3219

2024 – Assembly Bill 3179 (Carrillo, Juan), Emergency Telecommunications Medium- and Heavy-duty Zero-Emission Vehicles (Vetoed)

Summary 

Would have exempted, until January 1, 2030, emergency telecommunications medium- and heavy-duty zero-emission vehicles (ZEVs) from CARB’s Advanced Clean Fleet (ACF) Regulation. This bill would have prohibited CARB from implementing the ACF Regulation that would require the procurement of ZEVs for entities that operate specified emergency telecommunications vehicles.   

View full bill text here

 

Governor’s Veto Message 

To the Members of the California State Assembly: 

I am returning Assembly Bill 3179 without my signature.  

This bill would exempt until January 1, 2030 emergency telecommunications vehicles from the California Air Resources Board's (CARB) Advanced Clean Fleets (ACF) regulation that requires the phased-in procurement of medium- and heavy-duty zero-emission vehicles.  

In 2020, I issued Executive Order (EO) N-79-20, which directed CARB, among other things, to develop strategies to transition to 100 percent medium- and heavy-duty zero-emission vehicles in the state by 2045, where feasible. Pursuant to this EO, CARB developed the Advanced Clean Trucks (ACT) regulation and its companion regulation, the ACF, to accelerate transportation sector emission reductions while providing safe, feasible, and flexible compliance options for affected fleet owners that have over 50 vehicles or over $50 million in gross annual revenue. Unfortunately, this bill undermines those efforts.  

California must work diligently to cut greenhouse gas emissions that contribute to our rapidly changing climate, and ensure that we maintain the capacity necessary to respond quickly to emergencies. To that end, I am directing CARB to implement the regulation and its exemptions so as to ensure there are feasible compliance pathways that allow providers to maintain the capacity to rapidly deploy and restore communication services during and after a natural or human-caused disaster. 

For these reasons, I cannot sign this bill.  

Sincerely, Gavin Newsom 

View Governor’s veto message here 

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3179

2024 – Assembly Bill 2626 (Dixon, Diane), Advanced Clean Fleets Regulations: Local Governments (Dead)

Summary 

Would have extended the compliance dates set for local governments and municipalities to meet CARB’s Advanced Clean Fleets (ACF) Regulation by ten years. This bill would have also prohibited CARB from taking enforcement action against a local government that violates the ACF Regulation if the violation occurs before January 1, 2025. Was not heard in the Assembly Transportation Committee. 

View full bill text here

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2626

2024 – Assembly Bill 1372 (Alvarez, David), Vehicular Air Pollution: Medium- and Heavy-duty Vehicles: Land Ports of Entry (Dead)

Summary 

Would have prohibited CARB, by January 1, 2026, from enforcing any regulation requiring the purchase and use of zero-emission trucks that have greater than 8,500 pounds gross vehicle weight rating operating at land ports of entry, which the bill defined as land ports of entry on the California-Mexico border within a commercial zone. This bill would have also required CARB, after January 1, 2026, if enforcing regulations requiring the purchase and use of zero-emission trucks with greater than 8,500 pounds gross vehicle weight rating operating at a land port of entry within a commercial zone, to have the burden of proof that a regulated fleet operator has reasonable access to an economically feasible charging or fueling infrastructure. This bill would have also provided a number of exemptions to heavy-duty truck electrification regulations. Was not heard in the Assembly Transportation Committee. 

View full bill text here 

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Bill Number
1372

2024 – Assembly Bill 2418 (Patterson, Jim), Vehicular Air Pollution: Heavy-duty Trucks (Dead)

Summary 

Would have provided an exemption for 2024 and subsequent model heavy-duty trucks, provided they meet federal exhaust emission standards, from CARB's emissions standards and test procedures. Was not heard in the Assembly Transportation Committee. 

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2418

2024 – Assembly Bill 2188 (Ta, Tri), Vehicles: Pollution Control Devices (Dead)

Summary 

Would have created an exception to the prohibition of any action that alters or modifies a vehicle’s catalytic converter by allowing for a new aftermarket catalytic converter that has been approved for sale and use by the United States Environmental Protection Agency. Was not heard in the Assembly Transportation Committee. 

View full bill text here

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2188

2024 – Assembly Bill 637 (Jackson, Corey), Zero-Emission Vehicles: Fleet Owners: Rental Vehicles (Vetoed)

Summary 

Would have required CARB, if CARB requires a fleet owner to acquire zero-emission vehicles (ZEVs) as part of its fleet, to authorize the rental of a ZEV or vehicles for a cumulative total of 260 days in a calendar year to be deemed ownership of one ZEV for purposes of meeting that obligation. This provision would have resulted in the exemption of any vehicles rented less than 260 days as not a part of the “owned fleet,” thereby reducing the fleet’s compliance obligation under CARB’s Advanced Clean Fleets (ACF) Regulation.  

View full bill text here 

 

Governor’s Veto Message 

To the Members of the California State Assembly:  

I am returning Assembly Bill 637 without my signature.  

 

This bill would require the California Air Resources Board (CARB) to authorize a fleet owner's rental of a zero-emission vehicle (ZEV) for a cumulative total of 260 days per year to be considered ownership of one ZEV for the purpose of complying with the Advanced Clean Fleets (ACF) regulation.  

 

In 2020, I issued Executive Order (EO) N-79-20, which directed CARB, among other things, to develop strategies to transition in-state sales of new passenger vehicles and trucks to 100 percent zero-emission by 2035, where feasible. Pursuant to this EO, CARB developed the ACF to accelerate transportation sector emission reductions while providing safe, feasible, and flexible compliance options for affected fleet owners that have over 50 vehicles or over $50 million in gross annual revenue.  

 

This bill would allow rental vehicle companies to circumvent the ACF regulations, and the flexible and balanced compliance mechanisms CARB has already created, with a new and unclear compliance mechanism. I am concerned this will jeopardize our clean air goals at a time when the state awaits action on its Clean Air Act waiver by the United States Environmental Protection Agency.  

 

With that, I encourage the rental vehicle companies to work toward meeting the ACF regulations, and if there are insurmountable challenges, to work with CARB to explore practical and alternative compliance pathways through the existing regulatory process.  

 

For these reasons, I cannot sign this bill.  

 

Sincerely,  

Gavin Newsom 

View Governor’s veto message here 

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637

2024 - Assembly Bill 1894 (Ta, Tri), Nonvehicular Air Pollution: Civil Penalties (Dead)

Summary

Would have required a district to provide a small business, as defined, with a period of not less than 30 days to rectify a violation before the small business could be subject to specified civil penalties for air violations. Was not heard in the Assembly Natural Resources Committee.

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1894

2024 - Assembly Bill 1465 (Wicks, Buffy), Nonvehicular Air Pollution: Civil Penalties (Chaptered)

Summary

Allows specified civil penalties, such as for strict liability, negligence, and willful and intentional violations, to be multiplied by a factor of not more than three under the following conditions:  (1) the emission is from a source regulated under Title V of the federal Clean Air Act, and (2) the emission contains one or more air contaminants, as identified by CARB as a toxic air contaminant, and as defined as a “air contaminant” or “air pollutant,” or a pollutant that has a California ambient air quality standard, as specified. The bill directs the court or the local air district when assessing penalties to consider health impacts, community disruptions, the timeliness and accuracy of the notifications from the violator, and other circumstances related to the violation.

View full bill text here

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