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.