39940-39944

HEALTH AND SAFETY CODE
SECTION 39940-39944




39940.  (a) The state board shall implement a pilot program to
determine emissions from locomotives, using wayside remote sensing
devices. The objectives of the pilot program are to determine whether
remote sensing devices can accurately and replicably determine, with
a reasonable level of precision:
   (1) The levels of nitrogen oxides, particulate matter, and carbon
monoxide emissions from locomotives.
   (2) Whether a locomotive is subject to tier 0, 1, or 2 federal
certification standards.
   (3) Whether the measured results can be calibrated to determine
whether the locomotive emissions are above or below the applicable
federal emissions certification levels.
   (b) The state board shall design and implement the pilot program
in consultation with the advisory group established pursuant to
Section 39941.
   (c) The pilot program shall collect sufficient data to ensure that
a representative sample of locomotives operating in the state are
tested, so that there is a sufficient basis for the state board to
meet the objectives and to make the determinations that are set forth
in subdivision (a). Data collection shall, at a minimum, be
performed under representative conditions in northern and southern
California.



39941.  The state board shall establish an advisory group to make
recommendations to the state board regarding the design and
implementation of the pilot program.
   (a) The advisory group shall consist of an even number of members,
not to exceed 14, as determined by the boards of the South Coast Air
Quality Management District and the Sacramento Metropolitan Air
Quality Management District.
   (b) The advisory group shall consist of recognized experts in the
field of remote sensing and locomotive engine technology, and
representatives of citizen community groups, representatives of the
South Coast Air Quality Management District, and representatives of
the Sacramento Metropolitan Air Quality Management District. The
advisory committee may also include representatives of the Union
Pacific Railroad and the Burlington Northern Santa Fe Railway.
   (c) The advisory group shall be appointed by the South Coast Air
Quality Management District and the Sacramento Metropolitan Air
Quality Management District. If the Union Pacific Railroad and
Burlington Northern Santa Fe Railway choose to participate, 50
percent of the members of the advisory group shall be appointed by
the Union Pacific Railroad and Burlington Northern Santa Fe Railway
and 50 percent shall be appointed by the South Coast Air Quality
Management District and the Sacramento Metropolitan Air Quality
Management District.



39942.  The state board may contract with an independent entity to
conduct the pilot program specified in Section 39940, and shall
oversee the work of the independent entity. The state board shall
implement the pilot program in consultation with the advisory group
established pursuant to Section 39941 to review the design of the
pilot program and to ensure quality control in collection, reporting,
and evaluation of data.



39943.  (a) On or before December 31, 2006, the state board shall
submit a report to the Legislature that includes both of the
following:
   (1) A summary of data acquired through the pilot program.
   (2) The state board's determination as to whether the remote
sensing devices can meet the objectives of the pilot program stated
in Section 39940.
   (b) If the state board determines that remote sensing devices can
be expected to meet objectives of the pilot program stated in Section
39940 to an extent reasonably sufficient to allow the state board to
make the following projections and recommendations, the report shall
also include both of the following:
   (1) To the extent feasible, a projection of the amount, location,
and timing of emission reductions that could be expected from the use
of remote sensing devices to identify locomotives to be repaired or
maintained.
   (2) A projection of the cost to deploy, maintain, and use data
from, a system of remote sensing devices in areas of high priority in
the state, as determined by the state board, recommendations
regarding the funding of such a program, and the expected
cost-effectiveness of such a program compared to other opportunities
for air quality improvement in the covered areas.



39944.  The South Coast Air Quality Management District, the Union
Pacific Railroad, and the Burlington Northern Santa Fe Railway shall
each reimburse the state board for its costs of implementing the
pilot program established pursuant to this chapter. The Union Pacific
Railroad and the Burlington Northern Santa Fe Railway shall
reimburse the state board for 25 percent of those costs, but the
reimbursement shall not to exceed a total of two hundred thousand
dollars ($200,000) for both railroads. The South Coast Air Quality
Management District shall reimburse the state board for the balance
of the costs of implementing the pilot program, but the reimbursement
shall not exceed a total of three hundred thousand dollars
($300,000). Funds provided by the Union Pacific Railroad and
Burlington Northern Santa Fe Railway shall be used only to reimburse
the state board for the costs of planning, implementing, evaluating,
and reporting the results of, the pilot program as it relates to the
testing of locomotives operated by those railroads.