BILL NUMBER: SB 1615 CHAPTERED
BILL TEXT
CHAPTER 701
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2004
APPROVED BY GOVERNOR SEPTEMBER 23, 2004
PASSED THE SENATE AUGUST 10, 2004
PASSED THE ASSEMBLY AUGUST 4, 2004
AMENDED IN ASSEMBLY JULY 2, 2004
AMENDED IN ASSEMBLY JUNE 16, 2004
INTRODUCED BY Senator Denham
FEBRUARY 20, 2004
An act to amend Sections 43843 and 44004 of the Health and Safety
Code, and to amend Sections 4000.1 and 4000.2 of, the Vehicle Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 1615, Denham. Air pollution: smog check: out-of-state
vehicles.
Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs and the State Air Resources Board, that provides for
the inspection of all motor vehicles, except those specifically
exempted from the program, upon registration, biennially upon renewal
of registration, upon transfer of ownership, and in certain other
circumstances. Existing law also establishes an enhanced motor
vehicle inspection and maintenance program (smog check II) in each
urbanized area of the state, any part of which is classified by the
United States Environmental Protection Agency as a serious, severe,
or extreme nonattainment area for specified air contaminants.
Existing law also requires the smog tests to include, at minimum,
loaded mode dynamometer testing in enhanced areas, and 2-speed
testing in all other program areas, and a visual or functional check
of emission control devices specified by the department. Existing
law exempted from those requirements, until January 1, 2003, any
motor vehicle manufactured prior to the 1974 model-year, and after
that date, exempts any motor vehicle that is 30 or more model-years
old. Existing law requires the Department of Motor Vehicles to
require that, upon registration of a motor vehicle subject to the
smog check program that was previously registered outside this state,
a person obtain a valid certificate of compliance or noncompliance.
This bill would repeal that provision requiring a person to obtain
a certificate of smog check compliance upon the registration of a
motor vehicle that was previously registered outside this state and
would instead make those motor vehicles subject to the same
requirements as in-state motor vehicles. The bill would make related
conforming changes and delete obsolete references from existing law,
and would provide that the deletions of obsolete references from
existing law would only become operative if AB 2683 does not become
operative, as specified.
Under existing law, 1965 or older model vehicles previously
registered outside this state, with certain exceptions, are exempt
from existing requirements for obtaining a certificate of smog check
compliance or certificate of noncompliance, as appropriate, as a
condition of registration of the vehicle in this state.
This bill would revise the exemption to apply instead to the
registration of vehicles previously registered outside this state
that are 30 or more model years old, unless Assembly Bill 2683 is
also enacted, and both bills become effective on or before January 1,
2005, in which case this bill would revise existing law, operative
April 1, 2005, to make the exemption applicable to the registration
of 1976 and earlier model year vehicles that have been previously
registered outside this state.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 43843 of the Health and Safety Code is amended
to read:
43843. (a) The state board, in consultation with the State Energy
Resources Conservation and Development Commission, shall establish
and conduct, until January 1, 1988, an experimental program in which
fleet vehicles may utilize gasoline into which methanol has been
blended.
(b) In order to participate in the methanol-gasoline experimental
vehicle fleet program, all of the following information shall be
submitted to the state board for each vehicle proposed for
participation in the program:
(1) The make, model, vehicle identification number, and license
number of each vehicle.
(2) A description of the fuel to be used in the vehicle.
(3) Evidence that the vehicle's emissions using the
methanol-gasoline blend will be no higher than the vehicle's
emissions using gasoline which complies with the volatility standard
established pursuant to Section 43830. Evidence may be based on
emission tests or a combination of emission tests and engineering
evaluation.
(4) A description of any modifications to the vehicle necessary to
comply with paragraph (3).
(5) A valid certificate of compliance issued pursuant to Section
4000.1 or 4000.3 of the Vehicle Code.
(c) Within 60 days of receipt of a request to participate in the
program, the state board, in consultation with the State Energy
Resources Conservation and Development Commission, shall approve or
deny the request. Approval shall be granted if adequate evidence is
provided that use of the fuel will not cause or contribute to an
increase in vehicle emissions when using the methanol-gasoline blend.
(d) The state board may periodically test vehicles enrolled in the
program for compliance. Failure to meet state emission standards
shall not result in imposition of any fine or penalty if there are no
violations of Section 27156 of the Vehicle Code, and the vehicle is
restored to conform to applicable emission standards at the end of
the experimental program.
(e) All of the following records shall be maintained on each
vehicle and shall be made available to the state board upon request:
(1) Fuel economy.
(2) Maintenance and repair.
(3) Driveability.
(f) The state board may exempt the vehicles in any fleet
participating in the program from the requirements of subdivision (b)
until July 1, 1985. The exemption shall be granted if the applicant
demonstrates that the evidence required pursuant to paragraph (3) of
subdivision (b) is not available, that there is likelihood that it
will become available within the exemption period, and that the
facility at which the fleet vehicle is normally refueled does not
have provisions for the distribution of more than one type of fuel.
SEC. 2. Section 44004 of the Health and Safety Code is amended to
read:
44004. (a) The motor vehicle inspection program provided by this
chapter, when implemented in a district, shall supersede and replace
any other program for motor vehicle emission inspection in the
district.
This chapter shall not apply to any vehicle permanently located on
an island in the Pacific Ocean located 20 miles or more from the
mainland coast.
(b) The motor vehicle inspection program provided by this chapter
shall be in accordance with Sections 4000.1 and 4000.3 of the Vehicle
Code.
SEC. 3. Section 4000.1 of the Vehicle Code is amended to read:
4000.1. (a) Except as otherwise provided in subdivision (b), (c),
or (d) of this section, or subdivision (b) of Section 43654 of the
Health and Safety Code, the department shall require upon initial
registration, and upon transfer of ownership and registration, of any
motor vehicle subject to Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code, and upon registration of a
motor vehicle previously registered outside this state that is
subject to those provisions of the Health and Safety Code, a valid
certificate of compliance or a certificate of noncompliance, as
appropriate, issued in accordance with Section 44015 of the Health
and Safety Code.
(b) With respect to new vehicles certified pursuant to Chapter 2
(commencing with Section 43100) of Part 5 of Division 26 of the
Health and Safety Code, the department shall accept a statement
completed pursuant to subdivision (b) of Section 24007 in lieu of the
certificate of compliance.
(c) For purposes of determining the validity of a certificate of
compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
(d) Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
(1) The initial application for transfer is submitted within the
90-day validity period of a smog certificate as specified in Section
44015 of the Health and Safety Code.
(2) The transferor is either the parent, grandparent, sibling,
child, grandchild, or spouse of the transferee.
(3) A vehicle registered to a sole proprietorship is transferred
to the proprietor as owner.
(4) The transfer is between companies whose principal business is
leasing vehicles, if there is no change in the lessee or operator of
the vehicle or between the lessor and the person who has been, for at
least one year, the lessee's operator of the vehicle.
(5) The transfer is between the lessor and lessee of the vehicle,
if there is no change in the lessee or operator of the vehicle.
(6) The motor vehicle is 30 or more model-years old.
(e) The State Air Resources Board, under Part 5 (commencing with
Section 43000) of Division 26 of the Health and Safety Code, may
exempt designated classifications of motor vehicles from subdivision
(a) as it deems necessary, and shall notify the department of that
action.
(f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the vehicle.
SEC. 4. Section 4000.2 of the Vehicle Code is amended to read:
4000.2. (a) Except as otherwise provided in subdivision (b) of
Section 43654 of the Health and Safety Code, and, except for motor
vehicles 30 or more model-years old, the department shall require
upon registration of a motor vehicle subject to Part 5 (commencing
with Section 43000) of Division 26 of the Health and Safety Code,
previously registered outside this state, a valid certificate of
compliance or a certificate of noncompliance, as appropriate, issued
in accordance with Section 44015 of the Health and Safety Code.
(b) For the purposes of determining the validity of a certificate
of compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
SEC. 4.5. Section 4000.2 of the Vehicle Code is amended to read:
4000.2. (a) Except as otherwise provided in subdivision (b) of
Section 43654 of the Health and Safety Code, and, commencing on April
1, 2005, except for 1976 or earlier model-year motor vehicles, the
department shall require upon registration of a motor vehicle subject
to Part 5 (commencing with Section 43000) of Division 26 of the
Health and Safety Code, previously registered outside this state, a
valid certificate of compliance or a certificate of noncompliance, as
appropriate, issued in accordance with Section 44015 of the Health
and Safety Code.
(b) For the purposes of determining the validity of a certificate
of compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
SEC. 5. Section 3 of this bill shall not become operative if
Assembly Bill No. 2683 of the 2003-04 Regular Session becomes
operative and amends Section 4000.1 of the Vehicle Code.
SEC. 6. The amendments to Section 4002.2 of the Vehicle Code
proposed by Section 4.5 of this bill, shall only become operative on
April 1, 2005, if (1) this bill and Assembly Bill 2683 are both
enacted, (2) both bills amend Section 4002.2 of the Vehicle Code, and
(3) both bills become effective on or before January 1, 2005, in
which case the amendments to Section 4000.2 of the Vehicle Code
proposed by Section 4 of this bill shall not become operative.