BILL NUMBER: AB 1340	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2003

INTRODUCED BY   Assembly Member Kehoe
    (Principal coauthor:  Senator Alpert) 

                        FEBRUARY 21, 2003

    An act to amend Section 27200 of the Vehicle Code,
relating to vehicles.   An act to add Section 25355 to
the Public Resources Code, relating to energy. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1340, as amended, Kehoe.   Vehicles:  noise limits
  Petroleum: information reports  . 
   Existing law establishes the State Energy Resources Conservation
and Development Commission in the Resources Agency, and specifies the
powers and duties of the commission with respect to energy resources
in the state. Existing law requires major oil producers, refiners,
major marketers, major oil transporters, and major oil storers to
supply to the commission each month certain designated information
regarding petroleum supplies, as specified.
   This bill would require an oil refiner, oil producer, gasoline
transporter, gasoline marketer, and storage facility operator to
submit a report to the energy commission each week providing
information, as required by the energy commission, on the inventory
level at a refinery, amount of gasoline imported and exported, and
amount of crude oil imported.  
   (1) Existing law prohibits a person from selling or offering for
sale a new motor vehicle, except an off-highway motor vehicle, that
violates specified noise restrictions.
   This bill would include used motor vehicles within this
prohibition. Because a violation of this prohibition would be a
crime, the bill would impose a state-mandated local program by
expanding the definition of a crime.
  (2) 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.
State-mandated local program:   yes   no  .


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

  
  SECTION 1.  Section 27200 of the Vehicle Code is amended 

  SECTION 1.  Section 25355 is added to the Public Resources Code, to
read:
   25355.  Beginning the first week after the effective date of this
section and each week thereafter, an oil refiner, oil producer,
gasoline transporter, gasoline marketer, and storage facility
operator shall submit a report to the commission in the form and
extent as the commission prescribes pursuant to this section.  A
report may include any of the following information:
   (a) Inventory level at a refinery.
   (b) Amount of gasoline imported.
   (c) Amount of gasoline exported.
   (d) Amount of crude oil imported.   to read:
   27200.  (a) The Department of Motor Vehicles may not register on a
dealer's report of sale a new or used motor vehicle, except an
off-highway motor vehicle subject to identification as provided in
Division 16.5 (commencing with Section 38000), that produces a
maximum noise exceeding the applicable noise limit at a distance of
50 feet from the centerline of travel under test procedures
established by the Department of the California Highway Patrol.
   (b) The Department of Motor Vehicles may accept a dealer's
certificate as proof of compliance with this article.
   (c) Test procedures for compliance with this article shall be
established by the Department of the California Highway Patrol,
taking into consideration the test procedures of the Society of
Automotive Engineers.
   (d)  A person may not sell or offer for sale a new or used motor
vehicle, except an off-highway motor vehicle subject to
identification as provided in Division 16.5 (commencing with Section
38000), that produces a maximum noise exceeding the applicable noise
limit specified in this article, and for which noise emission
standards or regulations have not been adopted by the Administrator
of the Environmental Protection Agency pursuant to the Noise Control
Act of 1972 (P.L. 92-574).
   (e)  A person may not sell or offer for sale a new or used motor
vehicle, except an off-highway motor vehicle subject to
identification as provided in Division 16.5 (commencing with Section
38000), that produces noise that exceeds or in any way violates the
noise emission standards or regulations adopted for the motor vehicle
by the Administrator of the Environmental Protection Agency pursuant
to the Noise Control Act of 1972 (P.L. 92-574).
   (f) As used in this section, the term "register" is equivalent to
the term "licensing" as used in Section 6(e)(2) of the Noise Control
Act of 1972 (P.L. 92-574; Title 42, United States Code, Section 4905
(e)(2)).
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.