Hydrocarbons create smog and cause cancer in humans. Carbon monoxide is a poisonous gas that limits the flow of oxygen to the brain and the body. Nitrogen oxides damage lung tissue and cause acid rain. Fine airborne particulate matter causes lung damage and cancer.[2] 

Hydrocarbons, nitrogen oxides, and fine airborne particulate matter aggravate respiratory diseases, such as asthma.

  

 

Infants and young children tend to breathe through their mouths, which allows polluted air to bypass filtering mechanisms in the nasal passages. They also breathe more rapidly than adults and spend more time outdoors—especially in the summer, when smog levels are highest. Children’s airways are smaller, which makes airborne particles more damaging. Damage sustained during childhood can severely affect development of the nervous, immune and respiratory systems, and can increase the risk of developing cancer and other diseases later in life.[3]

  

 

A Harvard University study conducted with the American Public Health Association (APHA) showed that low-income and minority groups in the inner cities experience significantly higher rates of harm than other groups. The highest incidence of asthma in children is found among low-income and African American toddlers, who predominantly live in urban areas. Researchers in the Harvard/APHA study point out that global warming caused by increased emissions also causes pollen seasons to arrive earlier, which further contributes to poor respiratory health among vulnerable populations.[4]

  

 

Carbon dioxide produced by vehicles accounts for 26 percent of greenhouse gas emissions in the United States. Our nation’s transportation sector alone emits more carbon dioxide than any entire country except China, which has four times the U.S. population.[5]

 

Greenhouse gases absorb sunlight that reflects off the Earth’s surface to create a blanket of heated gas in the atmosphere. A rapid increase in greenhouse gases has caused climate change around the world, including global warming, changed weather patterns, and more cases of severe weather.[6]

  

 

All new vehicles for sale in the U.S. must meet federal emissions standards set by the Environmental Protection Agency (EPA). The EPA standards limit the amount of hydrocarbons, carbon monoxide, nitrogen oxides, and fine airborne particulate matter that can come from a vehicle’s tailpipe and leak from its fuel system. Vehicles sold in California, Massachusetts and New York must meet the stringent emissions standards established by the California Air Resources Board. The California standards promote the sale of zero-emission vehicles—typically electric cars—as well as low-emission hybrids. The Board has voted to strengthen its emissions standards for the 2009 model year, although the auto industry is challenging the new regulations. Federal law prohibits states from setting their own independent emissions standards, but they can adopt the California standards if pollution levels in any county in the state exceed any of the EPA’s National Ambient Air Quality Standards (NAAQS). Thirty-three states (AL, AZ, CO, CT, DE, GA, ID, IL, IN, KY, LA, ME, MD, MA, MN, MO, MT, NV, NH, NJ, NM, NY, OH, OR, PA, RI, TX, UT, VT, VA, WA, WI, WY) and the District of Columbia are eligible to adopt California’s standards using the NAAQS measure.[7]

  

States have adopted the California standards by both legislation and regulation.

In 2005, Washington adopted California’s emissions standards through legislation and Oregon adopted them by executive order. Altogether, sixteen states (AZ, CA, CO, CT, FL, MA, MD, ME, NJ, NY, NM, OR, RI, UT, VT, WA) have adopted or are in the process of adopting California’s tailpipe emission standards.[8] . Standards in some states have not yet taken effect.

  

This policy brief relies in large part on information from the State Environmental Resource Center, a project of Defenders of Wildlife.

 

Summary: The Low Emission Vehicle Act adopts the California vehicle emission rules (commonly known as LEV II), which set a stricter standard than the U.S. Environmental Protection Agency’s National Low Emission Vehicle (NLEV) standard.
 

SECTION 1. SHORT TITLE

This Act shall be called the “Low Emission Vehicle Act.”
 

SECTION 2. FINDINGS AND PURPOSE

 

(A) FINDINGS—

The legislature finds that:

 

1. Air pollution from cars and trucks is dangerous to the health of [State] residents.

2. Motor vehicles are a major source of pollution in [State], and contribute to greenhouse gases that cause worldwide climate change.

3. Technology can significantly reduce dangerous emissions from motor vehicles.

 

(B) PURPOSE—

This law is enacted to protect the health and safety of [State] residents.

 

SECTION 3. LOW EMISSION VEHICLES

After section XXX, the following new section XXX shall be inserted:

(A) The Department of [Environmental Protection] shall implement Phase II of the California Low Emission Vehicle program in this State beginning in the 2009 automobile model year. “Phase II of the California Low Emission Vehicle program” means the second phase of the low emission vehicle program implemented in California, pursuant to the requirements of the federal Clean Air Act, 42 U.S.C. Section 7401 et seq.

(B) The Department of [Environmental Protection] shall promulgate such regulations as are necessary to implement this section.
 

SECTION 4. EFFECTIVE DATE

This Act shall take effect on July 1, 2006.

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