SB795 - Air pollution: gasoline vapor control systems: ethanol blends.

Enrolled September 04, 2026 Passed IN Senate August 31, 2026 Passed IN Assembly August 31, 2026 Amended IN Assembly August 28, 2026 Amended IN Assembly June 18, 2026 Amended IN Assembly May 18, 2026 Amended IN Senate January 05, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 795 Introduced by Senator Archuleta (Coauthor: Assembly Member Solache) February 21, 2025 An act to add Section 41954.2 to, and to add and repeal Sections 25299.9, 41954.1, and 41958.5 of, the Health and Safety Code, and to add and repeal Section 147.7 of the Labor Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST SB 795, Archuleta. Air pollution: gasoline vapor control systems: ethanol blends. (1) Existing law requires the State Air Resources Board to adopt and implement motor vehicle fuel specifications for the control of air contaminants and sources of air pollution. Existing law authorizes blends of gasoline containing 10.5% to 15% ethanol by volume to be sold in the state for use as a transportation fuel until specified actions are taken by the California Environmental Policy Council and the state board. Existing law requires the state board to adopt performance standards for gasoline vapor control systems during gasoline marketing operations and to certify any gasoline vapor control system that meets those performance standards and other specified requirements. Existing law also requires the State Fire Marshal, the Division of Occupational Safety and Health, and the Division of Measurement Standards to adopt rules and regulations on various aspects of gasoline vapor control systems and components and to certify compliance of those systems and components with their respective rules and regulations. This bill would authorize, until January 1, 2029, vapor control systems and their components at gasoline dispensing facilities that are certified or approved by the state agencies listed above for use with gasoline and ethanol blends containing 10% ethanol to also be used with gasoline and ethanol blends containing more than 10% and up to 15% ethanol if the manufacturer of the equipment submits a statement of compatibility, signed under penalty of perjury, to each of those state agencies. The bill would require the service station dispensing an ethanol blend containing more than 10% and up to 15% ethanol to comply with certain labeling required by the State Fire Marshal. By expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would require, on or before December 31, 2026, the State Fire Marshal to adopt regulations governing the labeling and safe use of gasoline and ethanol blends containing more than 10% and up to 15% ethanol with vapor control systems and their components that have been authorized for use pursuant to the above-described provisions. (2) Existing law generally regulates the storage of hazardous substances in underground storage tanks and requires underground storage tanks that are used to store hazardous substances to meet certain requirements. Existing law requires the State Water Resources Control Board and the State Air Resources Board to certify that the equipment that meets certain requirements for enhanced vapor recovery systems at gasoline dispensing facilities also meets the underground storage tank laws, as specified. This bill would require, until January 1, 2029, that any enhanced vapor control system at gasoline dispensing facilities suitable for gasoline and ethanol blends containing 10% ethanol be deemed certified or approved for the use of gasoline and ethanol blends containing more than 10% ethanol and up to 15% ethanol if the manufacturer of the equipment submits the aforementioned statement of compatibility. (3) Existing law establishes in the Department of Industrial Relations, the Occupational Safety and Health Standards Board and authorizes the board to adopt, amend, or repeal occupational safety and health standards and orders. Existing law imposes various requirements on occupational safety and health standards, including that those standards be at least as effective as federal standards, as specified. This bill would require, until January 1, 2029, that any device used for dispensing flammable liquids with an ethanol content of up to 10% be deemed approved for purposes of occupational safety and health standards and orders for the use of gasoline and ethanol blends containing more than 10% ethanol and up to 15% ethanol if the manufacturer of the equipment submits the aforementioned statement of compatibility. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 25299.9 is added to the Health and Safety Code, immediately following Section 25299.8, to read: 25299.9. (a) Notwithstanding any requirement of this chapter, any enhanced vapor control system at gasoline dispensing facilities suitable for gasoline blends and ethanol blends containing 10 percent ethanol, for which the manufacturer of the system has submitted a statement of compatibility pursuant to subdivision (a) of Section 41954.1, shall be deemed certified for the use of gasoline and ethanol blends containing more than 10 percent and up to 15 percent ethanol without the need for certification pursuant to this section by the board or the State Air Resources Board. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. SEC. 2. Section 41954.1 is added to the Health and Safety Code, to read: 41954.1. (a) Notwithstanding any other law, all vapor control systems and their components at gasoline dispensing facilities that have been certified and approved pursuant to this article by the state board, the Division of Occupational Safety and Health, the Division of Measurement Standards, or the State Fire Marshal for use with gasoline and ethanol blends containing 10 percent ethanol shall be deemed certified or approved, as applicable, for use with gasoline and ethanol blends containing more than 10 percent and up to 15 percent ethanol, provided that the manufacturer of the equipment has submitted to each of those state agencies a statement of compatibility, signed under penalty of perjury, attesting that the manufacturer has determined that the equipment is safe to use with those blends. The state board shall compile and publish on its internet website a list of manufacturers who have submitted a statement of compatibility for their systems, equipment, or components. (b) (1) A service station dispensing a gasoline and ethanol blend containing more than 10 percent and up to 15 percent ethanol shall comply with the labeling requirements prescribed by the State Fire Marshal pursuant to Section 41954.2. (2) Paragraph (1) does not apply to systems, or components of those systems, certified by the State Fire Marshal pursuant to Section 41956. (c) A gasoline dispensing facility that meets the requirements of subdivisions (a) and (b) shall not be required to obtain a new or amended certification, listing, permit, or approval from any state agency solely on the basis of dispensing gasoline and ethanol blends containing more than 10 percent and up to 15 percent ethanol. (d) This section does not preclude a manufacturer from seeking certification or approval for equipment for use with gasoline and ethanol blends containing more than 10 percent ethanol through another process established by law. (e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. SEC. 3. Section 41954.2 is added to the Health and Safety Code, to read: 41954.2. (a) (1) On or before December 31, 2026, the State Fire Marshal shall adopt regulations governing the labeling and safe use of gasoline and ethanol blends containing more than 10 percent and up to 15 percent ethanol with vapor control systems and their components that have been deemed certified or approved pursuant to subdivision (a) of Section 41954.1. (2) Regulations adopted pursuant to this section shall be consistent with federal labeling standards in effect at the time of adoption. (b) (1) Regulations adopted pursuant to this section shall be adopted by the Office of the State Fire Marshal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (2) The initial adoption of regulations pursuant to this section shall be deemed to be an emergency and considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the State Fire Marshal. (3) Regulations adopted pursuant to this section, or any amendments to those regulations, shall not be considered major regulations as defined in Section 11342.548 of the Government Code. (4) Regulations adopted pursuant to this section, or any amendments to those regulations, are exempt from the requirements of Section 11346.3 of the Government Code. (c) (1) The State Fire Marshal shall review the California Fire Code (Part 9 of Title 24 of the California Code of Regulations) to ensure consistency with this section and shall propose any necessary conforming changes to the California Building Standards Commission, which shall adopt those conforming changes as emergency regulations. (2) Regulations adopted by the California Building Standards Commission pursuant to paragraph (1) are exempt from the requirements of Sections 18929.1, 18930, and 18942. SEC. 4. Section 41958.5 is added to the Health and Safety Code, to read: 41958.5. (a) Section 41958 does not apply to systems or their components for which a manufacturer has submitted a statement of compatibility pursuant to subdivision (a) of Section 41954.1, unless the manufacturer has voluntarily certified the system or component with the State Fire Marshal. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. SEC. 5. Section 147.7 is added to the Labor Code, immediately following Section 147.6, to read: 147.7. (a) Notwithstanding any requirement of this chapter, any device used for dispensing flammable liquids with an ethanol content of up to 10 percent, for which a manufacturer of the equipment has submitted a statement of compatibility pursuant to subdivision (a) of Section 41954.1 of the Health and Safety Code, shall be deemed approved for purposes of this chapter for use with gasoline and ethanol blends containing more than 10 percent and up to 15 percent ethanol. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.