Cal. Health & Saf. Code § 43212

Current through the 2023 Legislative Session.
Section 43212 - Failure to comply with emission standards or test procedures; civil penalty
(a)
(1) A manufacturer or distributor who does not comply with the emission standards or the test procedures adopted by the state board shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each vehicle that does not comply with the standards or procedures and that is first sold in this state. The payment of those penalties to the state board and making the vehicles compliant with applicable emission control laws and test procedures may be required by the executive officer of the state board as conditions for the further sale in this state of those motor vehicles.
(2) The state board shall adjust the maximum penalty specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b) Any penalty recovered pursuant to this section shall be deposited into the Air Pollution Control Fund.

Ca. Health and Saf. Code § 43212

Amended by Stats 2017 ch 561 (AB 1516),s 123, eff. 1/1/2018.
Amended by Stats 2016 ch 604 (AB 1685),s 5, eff. 1/1/2017.