CALIFORNIA LEGISLATURE    2021   2022 REGULAR SESSION

Assembly Bill
No. 905


Introduced by Assembly Member Quirk
(Coauthors: Assembly Members Bauer-Kahan, Berman, Flora, and Grayson)

February  17,  2021


An act to amend Sections 41950 and 41962 of, and to add Section 39618.5 to, the Health and Safety Code, relating to vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 905, as introduced, Quirk. Mobile fueling on-demand tank vehicles: performance standards.
(1)  Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law makes a violation of a rule or regulation of the state board a misdemeanor.
This bill would require the state board to regulate a mobile fueling on-demand tank vehicle, as defined, as a mobile source, and, contingent upon an appropriation by the Legislature for this purpose, to adopt regulations on or before a specified date to control emissions attributable to mobile fueling on-demand tank vehicles and to certify equipment for those vehicles, as provided. The bill would authorize the state board to allow the use of onboard refueling vapor recovery (ORVR) systems to achieve or maintain the standards and procedures adopted in those regulations for the control of gasoline vapors resulting from the motor vehicle fueling operations of a mobile fueling on-demand tank vehicle. Because a violation of those regulations would be a crime, the bill would impose a state-mandated local program.
The bill would prohibit a person from operating, or allowing the operation of, a mobile fueling on-demand tank vehicle, unless it is equipped with a vapor recovery system that is certified by the state board, or that meets permeation and spillage performance standards determined by the state board, and is installed, operated, and maintained in compliance with the state board   s requirements for certification.
The bill would require the state board to assess a fee on mobile fueling on-demand tank vehicles to recover the reasonable costs of implementing these provisions, and would require the fee to be deposited in the Air Pollution Control Fund and to be available for expenditure upon appropriation by the Legislature. The bill would require that the fee be adjusted annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(2)  Existing law prohibits a person from installing or maintaining a stationary gasoline tank with a capacity of 250 gallons or more that is not equipped for loading through a permanent submerged fill pipe, unless the tank is a pressure tank, as specified, or is equipped with a vapor recovery system, as specified, or with a floating roof, as specified, or unless the tank is equipped with other apparatus of equal efficiency that has been approved by the air pollution control officer in whose district the tank is located.
This bill would allow a person to install or maintain a mobile fueling on-demand tank vehicle, or a system on that vehicle, that is certified by the state board and meets certain requirements and that is not equipped for loading through a permanent submerged fill pipe, even if the tank is a pressure tank, as specified, or is not equipped with a vapor recovery system, as specified, or does not have a floating roof, as specified, or if the tank is not equipped with other apparatus of equal efficiency that has been approved by the air pollution control officer in whose district the tank is located.
The bill would require that a mobile fueling on-demand tank vehicle be loaded exclusively through bottom loading equipment certified by the state board, unless the vehicle includes a vapor recovery system that is certified by the state board.
(3)  Existing law requires the state board to adopt performance standards to ensure that systems for the control of gasoline vapors resulting from motor vehicle fueling operations do not cause excessive gasoline liquid spillage when used in a proper manner. Existing law requires the state board to adopt test procedures to determine the compliance with vapor emission standards of vapor recovery systems of cargo tanks on tank vehicles used to transport gasoline, as provided. Existing law prohibits an air district from adopting test procedures for, or requiring certification of, cargo tank vapor recovery system and from imposing fees on, or requiring a permit of, tank vehicles with vapor recovery systems, but provides that an air district is not prohibited from inspecting and testing cargo tank vapor recovery systems on tank vehicles for specified purposes.
This bill would provide that an air district is additionally not prohibited from inspecting and testing emissions control systems on mobile fueling on-demand tank vehicles for those same purposes.
(4)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY     Appropriation: NO     Fiscal Committee: YES     Local Program: YES    

The people of the State of California do enact as follows:


SECTION 1.

 Section 39618.5 is added to the Health and Safety Code, to read:

39618.5.
 (a)  A mobile fueling on-demand tank vehicle, as defined in paragraph (2) of subdivision (c) of Section 41950, shall be regulated by the state board as a mobile source. Contingent upon an appropriation by the Legislature for this purpose, the state board shall adopt regulations on or before January 1 of the year following the date on which the appropriation is provided to control emissions attributable to mobile fueling on-demand tank vehicles and to certify equipment for those vehicles pursuant to this section and Section 41962.
(b)  The state board may authorize the use of onboard refueling vapor recovery (ORVR) systems to achieve or maintain the standards and procedures adopted in regulations pursuant to this section for the control of gasoline vapors resulting from the motor vehicle fueling operations of a mobile fueling on-demand tank vehicle.
(c)  (1)  The state board shall assess a fee on mobile fueling on-demand tank vehicles to recover the reasonable costs of implementing this section and paragraph (2) of subdivision (g) of Section 41962.
(2)  The fee imposed pursuant to paragraph (1) shall be adjusted annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(3)  All fees collected by the state board pursuant to this subdivision shall be deposited in the Air Pollution Control Fund and shall be available for expenditure upon appropriation by the Legislature.

SEC. 2.

 Section 41950 of the Health and Safety Code is amended to read:

41950.
 (a)  Except as provided in subdivisions (b) and (e), no subdivision (b), a person shall not install or maintain any a stationary gasoline tank with a capacity of 250 gallons or more which that is not equipped for loading through a permanent submerged fill pipe, unless such the tank is a pressure tank as described in Section 41951, or is equipped with a vapor recovery system as described in Section 41952 or with a floating roof as described in Section 41953, or unless such the tank is equipped with other apparatus of equal efficiency which that has been approved by the air pollution control officer in whose district the tank is located.
(b)  Subdivision (a) shall not apply to any stationary tanks installed prior to December 31, 1970. of the following:
(1)  A stationary tank installed before December 31, 1970.
(2)  A stationary tank that is used primarily for the fueling of implements of husbandry.
(3)  (A)  A mobile fueling on-demand tank vehicle, or system on that vehicle, that is certified by the state board and meets the applicable requirements in this paragraph and Sections 39618.5, 41954, and 41962.
(B)  A mobile fueling on-demand tank vehicle shall be loaded exclusively through bottom loading equipment certified by the state board, and shall not be loaded in any other manner, including, but not limited to, top loading or splash loading, unless the vehicle includes a vapor recovery system that is certified by the state board.
(c)  For the purpose purposes of this section,    gasoline    the following definitions apply:
(1)     Gasoline    means any petroleum distillate having a Reid vapor pressure of four pounds or greater.
(2)  (A)     Mobile fueling on-demand tank vehicle    means a tank truck or trailer, as defined by the state board in its standards and procedures adopted pursuant to subdivision (a) of Section 39618.5, that is equipped with an onboard cargo tank system designed to load, transport, and transfer gasoline directly from the onboard cargo tank into a motor vehicle fuel tank.
(B)  The state board shall determine the tank capacity of a mobile fueling on-demand tank vehicle that will be subject to the regulations adopted pursuant to subdivision (a) of Section 39618.5.
(d)  For the purpose purposes of this section,    submerged fill pipe    means any a fill pipe which that has its discharge opening entirely submerged when the liquid level is six inches above the bottom of the tank.    Submerged fill pipe,    when applied to a tank which that is loaded from the side, means any a fill pipe which that has its discharge opening entirely submerged when the liquid level is 18 inches above the bottom of the tank.

(e)Subdivision (a) shall not apply to any stationary tank which is used primarily for the fueling of implements of husbandry.

SEC. 3.

 Section 41962 of the Health and Safety Code is amended to read:

41962.
 (a)  Notwithstanding Section 34002 of the Vehicle Code, the state board shall adopt test procedures to determine the compliance of vapor recovery systems of cargo tanks on tank vehicles used to transport gasoline with vapor emission standards which that are reasonable and necessary to achieve or maintain any applicable ambient air quality standard. The performance standards and test procedures adopted by the state board shall be consistent with the regulations adopted by the Commissioner of the California Highway Patrol and the State Fire Marshal pursuant to Division 14.7 (commencing with Section 34001) 34000) of the Vehicle Code.
(b)  The state board may test, or contract for testing, the vapor recovery system of any a cargo tank of any a tank vehicle used to transport gasoline. The state board shall certify the cargo tank vapor recovery system upon its determination that the system, if properly installed and maintained, will meet the requirements of subdivision (a). The state board shall enumerate the specifications used for issuing such the certification. After a cargo tank vapor recovery system has been certified, if circumstances beyond the control of the state board cause the system to no longer meet the required specifications, the certification may be revoked or modified.
(c)  Upon verification of certification pursuant to subdivision (b), which shall be done annually, the state board shall send a verified copy of the certification to the registered owner of the tank vehicle, which copy shall be retained in the tank vehicle as evidence of certification of its vapor recovery system. For each system certified, the state board shall issue a nontransferable and nonremovable decal to be placed on the cargo tank where the decal can be readily seen.
(d)  With respect to any a tank vehicle operated within a district, the state board, upon request of the district, shall send to the district, free of charge, a certified copy of the certification and test results of any a cargo tank vapor recovery system on the tank vehicle.
(e)  The state board may contract with the Department of the California Highway Patrol to carry out the responsibilities imposed by subdivisions (b), (c), and (d).
(f)  The state board shall charge a reasonable fee for certification, not to exceed its estimated costs therefor. of certification. Payment of the fee shall be a condition of certification. The fees may be collected by the Department of the California Highway Patrol and deposited in the Motor Vehicle Account in the State Transportation Fund. The Department of the California Highway Patrol shall transfer to the Air Pollution Control Fund the amount of those fees necessary to reimburse the state board for the costs of administering the certification program.

(g)No

(g)  (1)  A person shall not operate, or allow the operation of, a tank vehicle transporting gasoline and that is required to have a vapor recovery system, unless the system thereon has been certified by the state board and is installed and maintained in compliance with the state board   s requirements for certification. Tank vehicles used exclusively to service gasoline storage tanks which that are not required to have gasoline vapor controls are exempt from the certification requirement.
(2)  A person shall not operate, or allow the operation of, a mobile fueling on-demand tank vehicle, unless it is equipped with a vapor recovery system that is certified by the state board, or that meets permeation and spillage performance standards determined by the state board, and is installed, operated, and maintained in compliance with the state board   s requirements for certification pursuant to this section and Sections 39618.5 and 41954.
(h)  Performance standards of any a district for cargo tank vapor recovery systems on tank vehicles used to transport gasoline shall be identical with to those adopted by the state board therefor and