The Legislature finds and declares as follows:
(a) The emission of air pollutants from motor vehicles is the primary cause of air pollution in many parts of the state.
(b) The control and elimination of those air pollutants is of prime importance for the protection and preservation of the public health and well-being, and for the prevention of irritation to the senses, interference with visibility, and damage to vegetation and property.
(c) The state has a responsibility to establish uniform procedures for compliance with standards which control or eliminate those air pollutants.
(d) Vehicle emission standards applied to new motor vehicles, and to used motor vehicles equipped with motor vehicle pollution control devices, are standards with which all motor vehicles shall comply.
(e) Dependence on petroleum based fuels in motor vehicles not only contributes to substantial degradation of air quality and risk to public health, but also impedes the state's progress toward the petroleum use reduction goal prescribed in Section 25000.5 of the Public Resources Code.
Added Stats 1975 ch 957 § 12. Amended Stats 1981 ch 1185 § 1; Stats 1991 ch 900 § 1 (SB 1214).
Amendments:
1981 Amendment: (1) Substituted “those” for “such” after “elimination of” in subd (b); (2) deleted former subd (d) which read: “(d) That the California goal for pure air quality is the achievement, by 1975, of an atmosphere with no significant detectable adverse effect from motor vehicle air pollution on property and on health, welfare, and the quality of life.”; (3) redesignated former subd (e) to be subd (d); and (4) substituted “motor” for “such” after “which all” in subd (d).
1991 Amenment: (1) Added “as follows” in the introductory clause; (2) deleted “That” at the beginning of subds (a)-(d); (3) substituted “those” for “such” after “eliminate” in subd (c); and (4) added subd (e).
Historical Derivation: (a) Former H & S C § 39081, as added Stats 1968 ch 764 § 8.
(b) Original H & S C § 39080, as added Stats 1967 ch 1545 § 5.
Cross References: Air pollutant: H & S C § 39013.
Motor vehicle pollution control device: H & S C § 39040.
New motor vehicle: H & S C § 39042.
Licenses for official motor vehicle pollution control device installation and inspection stations: B & P C §§ 9887.1-9889.10.
Certificates of compliance with vehicle pollution emission regulations: B & P C §§ 9889.17, 9889.18; Veh C §§ 27158, 27158.5.
Mandatory vehicle emission inspection and testing program: B & P C §§ 9889.50 et seq.
Standards and certification respecting mobile internal combustion engines affecting health and safety of employees: Lab C §§ 6701-6703.
Adherence to standards in the implementation of correctional education program that increases inmate assignments through adoption of pilot cell study program: Pen C § 2053.3.
Prohibition against person operating or maintaining in condition of readiness for operation any off-highway motor vehicle unless equipped with required pollution control device under this part: Veh C § 38390.
Requesting or permitting operation of vehicle not in compliance with this part as unlawful: Veh C § 40001.
Collateral References: Witkin & Epstein, Criminal Law (2d ed) § 1079.
8 Witkin Summary (10th ed) Constitutional Law § 1074.
12 Witkin Summary (10th ed) Real Property §§ 898, 901.
NOTES OF DECISIONS
In accordance with the rule that an administrative agency's construction of a statute which it is charged with enforcing is entitled to great weight, the construction of former H & S C §§ 39000 et seq. and H & S C §§ 39080 et seq. by the California Air Resources Board that its authority as to vehicle emission standards is limited to the use of a special device or a change in the combustion process, and does not include a change in the composition of the fuel burned, is entitled to great weight. Environmental Defense Fund v. California Air Resources Bd. (1973) 30 Cal App 3d 829, 106 Cal Rptr 598, 1973 Cal App LEXIS 1208.