Vehicles: pollution control devices.
AB 2046
California Bills
20250AB__204699INT INTRODUCED 2026-02-17 2025 AB INT Introduced by Assembly Member Ransom (Principal coauthor: Assembly Member Soria) (Coauthors: Assembly Members Ahrens, Ávila Farías, Flora, Jeff Gonzalez, Mark González, Hadwick, Hoover, Irwin, Petrie-Norris, Michelle Rodriguez, Blanca Rubio, Wallis, and Wilson) LEAD_AUTHOR ASSEMBLY Ransom PRINCIPAL_COAUTHOR ASSEMBLY Soria COAUTHOR ASSEMBLY Ahrens COAUTHOR ASSEMBLY Ávila Farías COAUTHOR ASSEMBLY Flora COAUTHOR ASSEMBLY Jeff Gonzalez COAUTHOR ASSEMBLY Mark González COAUTHOR ASSEMBLY Hadwick COAUTHOR ASSEMBLY Hoover COAUTHOR ASSEMBLY Irwin COAUTHOR ASSEMBLY Petrie-Norris COAUTHOR ASSEMBLY Michelle Rodriguez COAUTHOR ASSEMBLY Blanca Rubio COAUTHOR ASSEMBLY Wallis COAUTHOR ASSEMBLY Wilson
An act to amend
Section of the Vehicle Code, relating to vehicles. vehicles Vehicles: pollution control devices. Existing law prohibits a person from operating or leaving standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device or any other certified motor vehicle pollution control device, as specified, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition, and prohibits a person from disconnecting, modifying, or altering that device.
Existing law also prohibits a person from installing, selling, offering for sale, or advertising any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.
Existing law exempts from these provisions an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to not reduce the effectiveness of a required motor vehicle pollution control device or to result in emissions from the modified or altered vehicle that comply with existing state or federal standards, as specified. A violation of these provisions is a crime.
This bill would additionally exempt from the above-described provisions an alternative fuel retrofit system for a light-duty or medium-duty gasoline-fueled vehicle that converts the vehicle to a dual-fueled vehicle that can utilize gasoline or E85 fuel if the alternative fuel retrofit system has been certified by the United States Environmental Protection Agency as a clean alternative fuel conversion system, as specified, and would prohibit the State Air Resources Board from requiring state certification, executive order approval, or any additional testing or demonstration for such an alternative fuel retrofit device.
MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following: (
a) Low-carbon transportation fuels are an important element of the state's greenhouse gas emissions reduction policy. (
b) E85 is a low-carbon transportation fuel typically constituted in California of percent ethanol and percent gasoline. (
c) The use of E85 enables the state to utilize more low-carbon fuels and facilitates the fulfillment of state policy objectives, including greenhouse gas emissions reduction, petroleum use reduction, fuel diversification, cost savings to consumers, and a reduction in the carbon intensity of transportation fuels. (
d) Over the past decade, E85 has been consistently less costly per gallon than petroleum gasoline with an average discount of $1.50 to $2.00 per gallon, and has provided substantial cost savings to flexible fuel vehicles (FFV) drivers who use E85 on a cost per mile basis. (
e) FFVs are manufactured to run on conventional gasoline, E85, or any blend of conventional gasoline and ethanol up to a maximum ethanol concentration of percent. (
f) California has supported the use of FFVs as a measure to reduce greenhouse gas emissions and dependence on petroleum. (
g) E85 can also be utilized in gasoline vehicles that have relatively simple and low-cost alternative fuel retrofit systems installed. (
h) Through the Clean Transportation Program (Article 2 (commencing with
Section 44272) of
Chapter 8.9 of Part of Division of the Health and Safety Code), the state has awarded grant money to develop a robust network of E85 fueling stations that supply E85 to FFVs. (
i) This network of E85 fueling stations has proven economically sustainable, continues to expand, and delivers significant greenhouse gas emissions and petroleum reductions to the state and significant cost savings to consumers. (
j) This network of E85 fueling stations increased sales of E85 over the ten-year period between and by a factor of times, while the number of FFVs in the state remained relatively constant, demonstrating that E85 has great potential to deliver additional greenhouse gas emissions and petroleum use reductions while reducing costs to E85 users, particularly when gasoline prices are highest. (
k) This network of E85 fueling stations includes many stations located in disadvantaged communities, where E85 is currently providing greenhouse gas emissions reductions locally at significant cost savings compared to conventional gasoline. (
l) Due to the lack of an integrated E85 and FFV policy, United States automakers are currently phasing down the sale of FFV models in California.
SEC. 2.
Section of the Vehicle Code is amended to read: 27156. (
a) A person shall not operate or leave standing upon a highway a motor vehicle that is a gross polluter, as defined in
Section 39032.5 of the Health and Safety Code. (
b) A person shall not operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under
Part 5 (commencing with
Section 43000) of Division of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. Secs. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. A person shall not disconnect, modify, or alter any such required device. (
c) A person shall not install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system. (
d) If the court finds that a person has willfully violated this section, the court shall impose the maximum fine that may be imposed in the case, and no part of the fine may be suspended. (e) “Willfully,” as used in this section, has the same meaning as the meaning of that word prescribed in
Section of the Penal Code. (
f) A person shall not operate a vehicle after notice by a traffic officer that the vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device. (
g) The notice to appear issued or complaint filed for a violation of this
section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to
Section or proof of exemption pursuant to
Section 4000.1 or 4000.2. (
h) This
section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following:
(1) Not to reduce the effectiveness of a required motor vehicle pollution control device.
(2) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted. (i)
(1) This
section shall not apply to an alternative fuel retrofit system for a light-duty or medium-duty gasoline-fueled vehicle that converts the vehicle to a dual-fueled vehicle that can utilize gasoline or E85 fuel if the alternative fuel retrofit system has been certified by the United States Environmental Protection Agency as a clean alternative fuel conversion system that complies with the requirements of
Section of the federal Clean Air Act (42 U.S.C.
Sec. 7522).
(2) Certification by the United States Environmental Protection Agency as an approved clean alternative fuel conversion system shall constitute compliance with this
section for purposes of an alternative fuel retrofit device described in this subdivision.
(3) The State Air Resources Board shall not require state certification, executive order approval, or any additional testing or demonstration for an alternative fuel retrofit device described in this subdivision. A person who installs an alternative fuel retrofit device, as described in this subdivision, shall not be deemed to have installed an unlawful emissions-related device solely on the basis that the device has not been approved by the State Air Resources Board.
(4) Notwithstanding any other law, a person or entity that sells, dispenses, transports, or offers for sale E85 fuel shall not be subject to civil, administrative, or criminal liability under this
section or any other provision of law solely for supplying E85 fuel to a vehicle equipped with an alternative fuel retrofit device, as described in this subdivision. (i)</xhtml:p>"?> (
j) Aftermarket and performance parts with valid State Air Resources Board Executive Orders may be sold and installed concurrent with a motorcycle’s transfer to an ultimate purchaser. (j)</xhtml:p>"?> (
k) This
section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.