2007 California Health and Safety Code Article 1. Low-emission Motor Vehicles

CA Codes (hsc:43800-43806)

43800.  As used in this article, "low-emission motor vehicle" means
a motor vehicle which has been certified by the state board to meet
all applicable emission standards and which meets at least one of the
following additional requirements:
   (a) Is capable of operating on methanol, as determined by the
state board, and will have an adverse impact on ambient ozone air
quality not greater than a vehicle which meets the requirements of
subdivision (c).
   (b) Is capable of operating on any available fuel other than
gasoline or diesel and, in the determination of the state board, will
have an adverse impact on ambient ozone air quality not greater than
a vehicle operating on methanol.
   (c) Operates exclusively on gasoline and is certified to meet a
hydrocarbon exhaust emission standard which is at least twice as
stringent as otherwise applicable to gasoline vehicles of the same
year and class.
   (d) Is capable, in the case of a heavy-duty diesel vehicle, of
meeting standards for either oxides of nitrogen or particulate matter
that are twice as stringent as otherwise applicable.



43800.  As used in this article, "low-emission motor vehicle" means
a motor vehicle which has been certified by the state board to meet
all applicable emission standards and which meets at least one of the
following additional requirements:
   (a) Is capable of operating on methanol, as determined by the
state board, and will have an adverse impact on ambient ozone air
quality not greater than a vehicle which meets the requirements of
subdivision (c).
   (b) Is capable of operating on any available fuel other than
gasoline or diesel and, in the determination of the state board, will
have an adverse impact on ambient ozone air quality not greater than
a vehicle operating on methanol.
   (c) Operates exclusively on gasoline and is certified to meet a
hydrocarbon exhaust emission standard which is at least twice as
stringent as otherwise applicable to gasoline vehicles of the same
year and class.
   (d) Is capable, in the case of a heavy-duty diesel vehicle, of
meeting standards for either oxides of nitrogen or particulate matter
that are twice as stringent as otherwise applicable.
   (e) Has been modified from its configuration, as originally
certified by the state board, by the use of an emissions retrofit
device approved for use on the vehicle, and which reduces the
combined emissions of ozone precursor chemicals from the vehicle by
at least 30 percent.
   (f) This section shall become inoperative five years from the date
determined pursuant to Section 32 of the act adding this
subdivision, and on the January 1 following that date is repealed.



43800.  As used in this article, "low-emission motor vehicle" means
a motor vehicle which has been certified by the state board to meet
all applicable emission standards and which meets at least one of the
following additional requirements:
   (a) Is capable of operating on methanol, as determined by the
state board, and will have an adverse impact on ambient ozone air
quality not greater than a vehicle which meets the requirements of
subdivision (c).
   (b) Is capable of operating on any available fuel other than
gasoline or diesel and, in the determination of the state board, will
have an adverse impact on ambient ozone air quality not greater than
a vehicle operating on methanol.
   (c) Operates exclusively on gasoline and is certified to meet a
hydrocarbon exhaust emission standard which is at least twice as
stringent as otherwise applicable to gasoline vehicles of the same
year and class.
   (d) Is capable, in the case of a heavy-duty diesel vehicle, of
meeting standards for either oxides of nitrogen or particulate matter
that are twice as stringent as otherwise applicable.
   (e) This section shall become operative five years from the date
determined pursuant to Section 32 of the act adding this section.



43801.  The Legislature finds and declares that emission of air
pollutants from motor vehicles is a major contributor to air
pollution within the State of California and, therefore, declares its
policy to encourage the development and testing of various types of
low-emission motor vehicles, which would contribute substantially to
achieving a pure and healthy atmosphere for the people of this state.




43802.  Low-emission motor vehicles shall be submitted to the state
board for testing to determine if such vehicle meets the standard set
forth in Section 43800.



43802.  (a) At the time of certification pursuant to Article 1
(commencing with Section 43100) of Chapter 2 of this part, the state
board shall identify those motor vehicles which qualify as
low-emission vehicles as defined in Section 39037.05.  As part of the
identification process, the state board shall require qualifying
vehicles to be clearly labeled as low-emission vehicles.  Labeling
shall include a statement of the incremental cost, determined
pursuant to Section 43804.3, exempted from sales and use tax pursuant
to subdivision (a) of Section 6356.5 of the Revenue and Taxation
Code. For motor vehicles identified as low-emission motor vehicles by
the board, the standards specified in Section 39037.05 shall be the
applicable emission standards for Chapter 2 (commencing with Section
43100) of this part.  No later than October 1, 1990, and at least
annually thereafter, the state board shall submit a listing of
certified low-emission motor vehicles to the Department of General
Services.  Certification determinations for all vehicle and fuel
types shall be based solely on vehicle emissions and shall not be
based on emissions from the production, compressing, refining, or
transportation of fuel.
   (b) Each time a resolution is granted pursuant to Section 27156 of
the Vehicle Code, the state board shall identify those motor vehicle
control devices and applications which convert conventional vehicles
into low-emission vehicles as identified in  Section 39037.05.  As
part of the identification process, the state board shall require
identified devices to be clearly labeled as such for purposes of
those applications specified by the state board.  Labeling shall
include a statement that the device is exempt from sales and use tax
pursuant to subdivision (b) of Section 6356.5 of Revenue and Taxation
Code.
   (c) For purposes of this section, "device" means physical
equipment to be installed on a vehicle.



43803.  For each vehicle identified by the state board as a
low-emission motor vehicle, the Department of General Services, in
consultation with the state board and the State Energy Resources
Conservation and Development Commission, shall determine if the
low-emission motor vehicle meets all of the following requirements:
   (a) The vehicle can be manufactured or obtained in sufficient
numbers for the  purpose of proper evaluation.
   (b) The vehicle meets the performance needs for state vehicles.
   (c) The cost of the vehicle does not exceed by more than 100
percent the average cost of comparable state vehicles purchased in
the preceding fiscal year.
   (d) If the vehicle is purchased by the state, there would be a
sufficient number of servicing and maintenance outlets.
   (e) The average operating and maintenance costs for the vehicle
are comparable to the average operating and maintenance costs for all
other state passenger vehicles.  In no event, however, shall the
average operating and maintenance costs for the vehicle exceed the
average costs of operating and maintaining all other state vehicles
by more than 50 percent.



43804.  (a) If a low-emission motor vehicle meets the requirements
of this chapter and the performance, cost, service, and maintenance
requirements adopted by the Department of General Services for such
motor vehicles, and if funds are appropriated for the purpose of
purchasing motor vehicles, the state shall purchase, beginning with
the next fiscal year, as many of such low-emission motor vehicles as
the Department of General Services determines are reasonable and
available to meet state needs.
   (b) If a sufficient number of low-emission motor vehicles are
available, the percentage of all such motor vehicles to be purchased
in that year shall not be less than 25 percent of all motor vehicles
purchased by the state in the preceding fiscal year.  In purchasing
vehicles pursuant to this section, the state shall seek to acquire a
mix of least polluting and least cost qualifying low-emission motor
vehicles.


43805.  The provisions of this chapter shall not apply to the
following motor vehicles:
   (a) Patrol cars of the Department of the California Highway
Patrol.
   (b) Any motor vehicle classified as a special-purpose vehicle by
the Department of General Services.



43806.  On or before January 1, 1993, the state board shall adopt
emission standards and procedures applicable to new engines used in
publicly owned and privately owned public transit buses, and shall
make the standards and procedures effective on or before January 1,
1996.  The standards shall consider the engine and fuel as a system
and shall reflect the use of the best emission control technologies
expected to be available at the time the standards and procedures
become effective.  In adopting standards, the state board shall
consider the projected costs and availability of cleaner burning
alternative fuels and low-emission vehicles compared with other air
pollution control measures.