California 2015-2016 Regular Session Status: Enacted

AB 1685 — Vehicular air pollution: zero-emission vehicles: civil penalties.

Last action — Chaptered by Secretary of State - Chapter 604, Statutes of 2016.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 20, 2016. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law requires the State Air Resources Board to adopt and implement standards for the control of emissions from new motor vehicles that the state board finds to be necessary and technologically feasible. Existing law prohibits a new motor vehicle from being sold in the state that does not meet the emissions standards adopted by the state board. Existing law provides that a person who violates specified vehicular air pollution statutes or specified orders, rules, or regulations of the state board is subject to a civil penalty of up to $500 per vehicle. Existing law provides that any manufacturer who sells, attempts to sell, or causes to be offered for sale a new motor vehicle that fails to meet the applicable emission standards is subject to a civil penalty of $5,000 per violation. Existing law provides that a manufacturer or distributor who does not comply with the emission standards or the test procedures adopted by the state board is subject to a civil penalty of $50 per vehicle. This bill would increase those penalties to up to $37,500 per violation. The bill would require the state board to adjust those maximum penalties for inflation, as specified, and would exempt those adjustments from the Administrative Procedure Act. The bill would authorize the state board to require the payment of a penalty for the violation of specified vehicular air pollution statutes or specified orders, rules, or regulations of the state board, and making the products compliant with specified laws, as conditions for the continued sale of those products. This bill would authorize the state board to order a manufacturer of motor vehicles to bring the vehicles into compliance with the emissions configuration to which they were certified. The bill would authorize the state board to require the manufacturer to be in compliance with the state board's order as a condition for the continued sale of motor vehicles in the state. (2) Existing law prohibits a person who is a state resident or who operates an established place of business within the state from importing, delivering, purchasing, renting, leasing, acquiring, or receiving a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in the state unless the motor vehicle engine or new motor vehicle has been certified to meet specified emissions standards. Existing law provides that a person who violates specified provisions relating to transactions of new motor vehicles or new motor vehicle engines is subject to a civil penalty of up to $5,000 per vehicle. This bill instead would prohibit any person from offering for sale, introducing into commerce, importing, delivering, purchasing, renting, leasing, acquiring, or receiving a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in the state unless the motor vehicle engine or new motor vehicle has been certified to meet those specified emissions standards. This bill would increase the civil penalty to up to $37,500 per violation and up to $10,000 for a dealer, as defined, for violating those specified provisions relating to transactions of new motor vehicles or new motor vehicle engines. The bill would require the state board to adjust those maximum penalties for inflation, as specified, and would exempt those adjustments from the Administrative Procedure Act. The bill would authorize the state board to require the payment of the penalty, and making the motor vehicles compliant with specified laws, as conditions for the continued or further sale in the state of those motor vehicles. This bill would require the state board to limit to $5,000 a specified civil penalty imposed on a manufacturer who does not meet the requirements of specified regulations that require manufacturers to have a specified percentage of their new motor vehicle sales be zero-emission vehicles.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 604, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 28. Page 6436.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 13. Page 5343.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 28).

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 4.) (June 21). Re-referred to Com. on JUD.

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  15. From committee: Do pass and re-refer to Com. on T. & H. (Ayes 4. Noes 2.) (June 8). Re-referred to Com. on T. & H.

  16. Referred to Coms. on E.Q., T. & H. and JUD.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 29. Page 4774.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 14. Noes 6.) (May 4).

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 5.) (April 18). Re-referred to Com. on APPR.

  22. Re-referred to Com. on TRANS.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  24. Re-referred to Com. on TRANS.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  26. Referred to Com. on TRANS.

  27. From printer. May be heard in committee February 20.

  28. Read first time. To print.

Sponsors

  • Gomez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

  • Gomez

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1685 GOMEZ Concurrence in Senate Amendments

Passed 51 Yea · 28 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 462301
Democratic 5000
Republican 0500
Total 512801
% of votes cast 64%35%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bigelow — Nay
Brough — Nay
Brown — Yea
Low — Yea
Maienschein — Nay
Mathis — Nay
Medina — Yea
Mullin — Yea
Obernolte — Nay
Rendon — Yea
Rodriguez — Yea
Steinorth — Nay
Ting — Yea
Williams — Yea
Eggman — Yea
Chu — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Burke — Yea
Salas — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Harper — Nay
Holden — Yea
Lopez — Yea
Jones-Sawyer — Yea
Levine — Yea
Mayes — Nay
Atkins — Yea
McCarty — Yea
Melendez — Nay
Bloom — Yea
Campos — Yea
Chau — Yea
Chiu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Nay
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Gray — Nay
Hadley — Not Voting
Chang — Nay
Kim — Nay
Linder — Nay
Waldron — Nay
Wilk — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB1685 Gomez By Leno

Passed 26 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241200
Democratic 2100
Total 261300
% of votes cast 67%33%0%0%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Hertzberg — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Fuller — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Cannella — Nay
Hancock — Yea
Hernandez — Yea
Hill — Yea
Bates — Nay
Block — Yea
Huff — Nay
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Glazer — Yea
Hall — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

AB 1685 GOMEZ Assembly Third Reading

Passed 48 Yea · 29 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 432403
Democratic 5000
Republican 0500
Total 482903
% of votes cast 60%36%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Levine — Yea
Low — Yea
Mathis — Nay
Melendez — Nay
O'Donnell — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Nay
Williams — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Campos — Yea
Gatto — Yea
Bonilla — Yea
Medina — Yea
Rendon — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Lopez — Yea
Harper — Nay
Jones-Sawyer — Not Voting
Atkins — Yea
Kim — Nay
Linder — Nay
Salas — Nay
Burke — Not Voting
Maienschein — Nay
Gray — Nay
Mayes — Nay
McCarty — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Nay
Olsen — Nay
Baker — Nay
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Democratic 2000
Republican 0200
Total 14600
% of votes cast 70%30%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Nay
McCarty — Yea
Obernolte — Nay
Quirk — Yea
Eggman — Yea
Chang — Nay
Daly — Yea
Wagner — Nay
Bonilla — Yea
Bloom — Yea
Holden — Yea
Santiago — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Total 10501
% of votes cast 63%31%0%6%
How each member voted (16)
Member Party Vote
Bloom — Yea
Brown — Yea
Mathis — Nay
Frazier — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Chu — Yea
Daly — Yea
Dodd — Yea
Baker — Nay
Kim — Nay
Linder — Nay
Melendez — Nay
Gomez — Yea
Eduardo Garcia — Not Voting

Official roll call →

Subjects

environment transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1685 do?
(1) Existing law requires the State Air Resources Board to adopt and implement standards for the control of emissions from new motor vehicles that the state board finds to be necessary and technologically feasible. Existing law prohibits a new motor vehicle from being sold in the state that does not meet the emissions standards adopted by the state board. Existing law provides that a person who violates specified vehicular air pollution statutes or specified orders, rules, or regulations of the state board is subject to a civil penalty of up to $500 per vehicle. Existing law provides that any manufacturer who sells, attempts to sell, or causes to be offered for sale a new motor vehicle that fails to meet the applicable emission standards is subject to a civil penalty of $5,000 per violation. Existing law provides that a manufacturer or distributor who does not comply with the emission standards or the test procedures adopted by the state board is subject to a civil penalty of $50 per vehicle. This bill would increase those penalties to up to $37,500 per violation. The bill would require the state board to adjust those maximum penalties for inflation, as specified, and would exempt those adjustments from the Administrative Procedure Act. The bill would authorize the state board to require the payment of a penalty for the violation of specified vehicular air pollution statutes or specified orders, rules, or regulations of the state board, and making the products compliant with specified laws, as conditions for the continued sale of those products. This bill would authorize the state board to order a manufacturer of motor vehicles to bring the vehicles into compliance with the emissions configuration to which they were certified. The bill would authorize the state board to require the manufacturer to be in compliance with the state board's order as a condition for the continued sale of motor vehicles in the state. (2) Existing law prohibits a person who is a state resident or who operates an established place of business within the state from importing, delivering, purchasing, renting, leasing, acquiring, or receiving a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in the state unless the motor vehicle engine or new motor vehicle has been certified to meet specified emissions standards. Existing law provides that a person who violates specified provisions relating to transactions of new motor vehicles or new motor vehicle engines is subject to a civil penalty of up to $5,000 per vehicle. This bill instead would prohibit any person from offering for sale, introducing into commerce, importing, delivering, purchasing, renting, leasing, acquiring, or receiving a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in the state unless the motor vehicle engine or new motor vehicle has been certified to meet those specified emissions standards. This bill would increase the civil penalty to up to $37,500 per violation and up to $10,000 for a dealer, as defined, for violating those specified provisions relating to transactions of new motor vehicles or new motor vehicle engines. The bill would require the state board to adjust those maximum penalties for inflation, as specified, and would exempt those adjustments from the Administrative Procedure Act. The bill would authorize the state board to require the payment of the penalty, and making the motor vehicles compliant with specified laws, as conditions for the continued or further sale in the state of those motor vehicles. This bill would require the state board to limit to $5,000 a specified civil penalty imposed on a manufacturer who does not meet the requirements of specified regulations that require manufacturers to have a specified percentage of their new motor vehicle sales be zero-emission vehicles.
Who sponsors AB 1685?
AB 1685 is sponsored by Gomez.
What is the current status of AB 1685?
This bill has been enacted into law. Introduced January 20, 2016. Enacted.
Where can I track AB 1685?
Track AB 1685 free on One Click Politics — get push/email alerts when it moves.

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