Bill Text: CA AB28 | 2009-2010 | Regular Session | Amended

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Bill Title: Natural gas engines: water movement: emissions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB28 Detail]

Download: California-2009-AB28-Amended.html

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BILL NUMBER: AB 28	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Jeffries

                        DECEMBER 1, 2008

   An act to add Section 40722 to the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 28, as amended, Jeffries. Natural gas engines: water 
pumps.   movement: emissions limitation requirements.

   Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources. 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
districts and air quality management districts with the primary
responsibility for the control of air pollution from all sources
other than vehicular sources.
   This bill would  prohibit air pollution control districts
and air quality management districts from restricting the use of
engines powered by natural gas by a city, county, or special
district, including a water district, to operate water pumps
  require any requirement imposed by an air pollution
control district, an air quality management district, or other local
agency or local regulatory body relating to emissions limitations on,
or imposing monitoring, testing, inspection, maintenance, or
reporting requirements relating to emissions caused by, the use of a
natural gas engine, as defined, to comply with prescribed
requirements  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 40722 is added to the Health and Safety Code,
to read: 
   40722.  A district shall not restrict the use of engines powered
by natural gas by a city, county, or special district, including a
water district, to operate water pumps. 
    40722.    (a) For purposes of this section, "natural
gas engine" means a natural gas engine that meets both of the
following requirements:  
   (1) Is used in the movement of any type of water, including, but
not limited to, wastewater, sewage, or recycled water.  
   (2) Is owned, operated, or contracted for operation by a city,
county, city and county, special district, including, but not limited
to, a water district, or an urban water supplier, as defined in
Section 10617 of the Water Code, or agricultural water supplier, as
defined in Section 531 of the Water Code.  
   (b) Any requirement imposed by a district or other local agency or
local regulatory body relating to emission limitations on, or
imposing monitoring, testing, inspection, maintenance, or reporting
requirements relating to emissions caused by, the use of a natural
gas engine shall comply with all of the following requirements, as
applicable:  
   (1) It shall not require an operator of the natural gas engine to
conduct emissions testing for oxides of nitrogen (NOx), carbon
monoxide, or volatile organic compounds more than once for every
8,760 operating hours.  
   (2) It shall not require emissions testing of natural gas engines
for NOx, carbon monoxide, and oxygen by use of a portable NOx, carbon
monoxide, and oxygen analyzer.  
   (3) It shall not require the installation of a continuous emission
monitoring system for a natural gas engine having a rating of less
than 1000 brake horsepower, regardless of the location of the natural
gas engine with respect to any other engine.  
   (4) It shall not require an operator of a natural gas engine to
submit reports listing occurrences of breakdowns or malfunctions
resulting in emissions in excess of applicable emission limits more
than once per year.  
   (5) It shall not require any natural gas engine to be removed from
service, replaced, or retrofitted within five years of the date of
the adoption of the requirement.  
   (6) If the requirement of the district, local agency, or local
regulatory body requires the operator of the natural gas engine to
submit an inspection and maintenance plan for purposes of regulating
emissions, the district, local agency, or local regulatory body shall
permit the operator to self-certify the plan in lieu of requiring
formal submission of the plan to, and approval of the plan by, the
district, local agency, or local regulatory body.