BILL NUMBER: AB 616 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Jones FEBRUARY 21, 2007 An act to add Section 44012.5 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 616, as introduced, Jones. Smog check: annual inspection. (1) Existing law establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs. The smog check program provides for the inspection of a motor vehicle, among in other circumstances, upon its registration, upon transfer of ownership, and for vehicles registered in certain areas of the state, biannually. The department is required to charge a fee to a smog check station for each motor vehicle inspection, as provided. Violations of the smog check constitute a criminal violation of law. Existing law creates the High Polluter Repair or Removal Account, and makes available, upon appropriation by the Legislature, all money in the account to the State Air Resources Board and the department to establish and implement a program for the repair or replacement of high polluting motor vehicles. This bill would require the department to incorporate annual inspection of motor vehicles 15 or greater model years old into the motor vehicle inspection and maintenance program by July 1, 2008, and would require funds generated through additional inspection fees to be deposited into the High Polluter Repair or Removal Account. Because violations of the smog check program are a crime, the bill would impose a state-mandated local program. The bill would exempt all motor vehicles not subject to annual inspection, and would require the department to develop a methodology to exempt vehicles or classes of vehicles likely to pass annual inspection. (2) 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 44012.5 is added to the Health and Safety Code, to read: 44012.5. (a) The department shall incorporate annual inspection of motor vehicles 15 or greater model years old into the motor vehicle inspection and maintenance program by July 1, 2008. (b) All funds generated through additional inspection fees shall be deposited into the High Polluter Repair or Removal Account created by Section 44091. (c) (1) All motor vehicles not subject to biannual inspection shall also be exempt from annual inspection. (2) The department shall develop a methodology to exempt vehicles or classes of vehicles likely to pass annual inspection. SEC. 2. 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.