Florida Senate - 2009                             CS for SB 1994
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senator Constantine
       
       
       
       592-03357-09                                          20091994c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle emission standards;
    3         amending s. 316.2937, F.S.; ratifying a rule of the
    4         Department of Environmental Protection which adopts
    5         the California motor vehicle emission standards;
    6         providing conditions for future changes to the rule;
    7         requiring the Department of Environmental Protection
    8         and the Department of Highway Safety and Motor
    9         Vehicles to develop a proposal to implement the rule
   10         and report to the Legislature; providing an effective
   11         date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 316.2937, Florida Statutes, is amended
   16  to read:
   17         316.2937 Motor vehicle emissions standards.—Rule 62
   18  285.400, Florida Administrative Code, adopted by If the
   19  Department of Environmental Protection, as filed with the
   20  Secretary of State on January 26, 2009, is proposes to adopt the
   21  California motor vehicle emission standards, such standards
   22  shall not be implemented until ratified by the Legislature.
   23  However, no order or rule of the California Air Resources Board,
   24  its executive director, or any other non-Florida official’s
   25  determination of emissions standards or individual vehicle make
   26  and model emissions values shall be applicable or enforceable in
   27  Florida until ratified by the Legislature. In making these
   28  determinations to adopt standards and individual vehicle make
   29  and model emissions values, the Legislature shall consider the
   30  desirability of conformance with California standards and the
   31  consequences of deviation under the federal Clean Air Act, but
   32  shall ratify only such emissions standards or executive orders
   33  that are consistent with the purposes and standards expressed in
   34  chapter 403. If the department proposes to modify its rule
   35  adopting the California motor vehicle emission standards, such
   36  rule modifications may shall not be implemented until ratified
   37  by the Legislature. The Department of Environmental Protection
   38  and the Department of Highway Safety and Motor Vehicles shall
   39  jointly develop a proposal to implement the Florida Clean Car
   40  Emission rule which addresses methods for monitoring compliance
   41  with the rule, and shall submit the proposal to the President of
   42  the Senate and the Speaker of the House of Representatives by
   43  January 2, 2010.
   44         Section 2. This act shall take effect July 1, 2009.