BILL NUMBER: AB 1488 CHAPTERED
BILL TEXT
CHAPTER 739
FILED WITH SECRETARY OF STATE OCTOBER 14, 2007
APPROVED BY GOVERNOR OCTOBER 14, 2007
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 12, 2007
AMENDED IN SENATE SEPTEMBER 6, 2007
AMENDED IN SENATE AUGUST 20, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
INTRODUCED BY Assembly Member Mendoza
FEBRUARY 23, 2007
An act to amend Section 44010.5 of, and to amend, repeal, and add
Sections 44011 and 44012 of, the Health and Safety Code, relating to
air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1488, Mendoza. Air pollution: smog check program:
diesel-powered vehicles.
(1) 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
exempts diesel-powered vehicles from these requirements, unless the
department determines that the inclusion of those vehicles is
technologically and economically feasible, and, if the department
makes that determination, requires a visual inspection of emission
control devices and the diesel-powered vehicle's exhaust emissions,
and authorizes the testing of emissions of specified pollutants and
the measurement of emissions of smoke or particulates, or both.
Violations of smog check requirements are a crime.
This bill would, starting January 1, 2010, include diesel-powered
vehicles manufactured after the 1997 model-year that have a gross
vehicle weight rating of less than 8,501 pounds in the biennial smog
check program, as provided.
The bill would authorize diesel-powered vehicle smog check testing
to include on-board diagnostic testing.
Because violations of these requirements would be a crime, this
bill would impose a state-mandated local program.
(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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44010.5 of the Health and Safety Code is
amended to read:
44010.5. (a) The department shall implement a program with the
capacity to commence, by January 1, 1995, the testing at test-only
facilities, in accordance with this chapter, of 15 percent of that
portion of the total state vehicle fleet consisting of vehicles
subject to inspection each year in the biennial program and that are
registered in the enhanced program area, as established pursuant to
paragraph (1) of subdivision (a) of Section 44003.
(b) (1) The department shall increase the capacity of the program
so that the capacity exists to commence, by January 1, 1996, the
testing at test-only facilities of that portion of the state vehicle
fleet that is subject to inspection and is registered in the enhanced
program area, which is sufficient to meet the emission reduction
performance standards established by the Environmental Protection
Agency in regulations adopted pursuant to the Clean Air Act
Amendments of 1990, taking into account the results of the pilot
demonstration program established pursuant to Section 44081.6.
(2) Upon increasing the capacity of the program pursuant to
paragraph (1), the department shall afford smog check stations that
are licensed and certified pursuant to Sections 44014 and 44014.2 the
initial opportunity to perform the required inspections. The
department shall adopt, by regulation, the requirements to provide
that initial opportunity.
(3) If the department determines that there is an insufficient
number of licensed test-only smog check stations operating in an
enhanced area to meet the increased demand for test-only inspections,
the department may increase the capacity of the program by utilizing
existing contracts.
(c) The program shall utilize the testing procedures described in
Section 44012.
(d) Vehicles that are not diesel-powered in the enhanced program
area which are not subjected to the program established by this
section may be tested at smog check stations licensed pursuant to
Section 44014 that use loaded mode dynamometers. Diesel-powered
vehicles in the enhanced program area that are not subjected to the
program established by this section may be tested at smog check
stations licensed pursuant to Section 44014 using appropriate testing
procedures as determined by the department.
(e) (1) The department may implement the program established
pursuant to subdivision (a) through a network of privately operated
test-only facilities established pursuant to contracts to be awarded
pursuant to this section.
(2) The initial contracts awarded pursuant to this section shall
terminate not later than seven years from the date that the contracts
were executed.
(f) No person shall be a contractor of the department for
test-only facilities in all air basins, exclusively, where the
enhanced program is in effect unless the department determines, after
a public hearing, that there is not more than one qualified
contractor. The South Coast Air Basin shall have at least two
contractors, and the combined enhanced program area that includes
Bakersfield, Fresno, and Sacramento shall have at least two
contractors. The department may operate test-only facilities on an
interim basis while contractors are being sought.
(g) (1) In awarding contracts under this section, the department
shall request bids through the issuance of a request for proposal.
(2) The department shall first determine which bidders are
qualified, and then award the contract to the qualified bidder,
giving priority to the test cost and convenience to motorists.
(3) The department shall provide a contractual preference, as
determined by the department, not to exceed 10 percent of the total
proposal evaluation score, based on the following factors:
(A) Up to 5 percent to bidders providing firm commitments to
employ businesses that are licensed or otherwise substantially
participating in the smog check program after January 1, 1994.
(B) Up to 5 percent to bidders based on the extent to which
bidders maximize the potential economic benefit of the smog check
program on this state over the term of the contract. That potential
economic benefit shall include the percentage of work performed by
California-based firms, the potential of the total project workforce
who will be California residents, and the percentage of subcontracts
that will be awarded to California-based firms.
(4) Any contract executed by the department for the operation of a
test-only facility shall expressly require compliance with this
chapter and any regulations adopted by the department pursuant to
this chapter.
(h) The department shall ensure that there is a sufficient number
of test-only facilities, and that they are properly located, to
ensure reasonable accessibility and convenience to all persons within
an enhanced program area, and that the waiting time for consumers is
minimized. The department may operate test-only facilities on an
interim basis to ensure convenience to consumers. The department
shall specify in the request for proposal the minimum number of
test-only facilities that are required for the program. Any contracts
initially awarded pursuant to this section shall ensure that the
contractors are capable of fulfilling the requirements of subdivision
(a).
(i) Any data generated at a test-only facility shall be the
property of the state, and shall be fully accessible to the
department at any time. The department may set contract
specifications for the storage of that data in a central data storage
system or facility designated by the department.
(j) The department shall ensure an effective transition to the new
program by implementing an effective public education program and
may specify in the request for proposal a dollar amount that bidders
are required to include in their bids for public education
activities, to be implemented pursuant to Section 44070.5.
(k) The department shall ensure the effective management of the
test-only facilities and shall specify in the request for proposal
that a manager be present during all hours of station operation.
() The department shall ensure and facilitate the effective
transition of employees of businesses that are licensed or otherwise
substantially participating in the smog check program and may specify
in the request for proposal that test-only facility management be
Automotive Service Excellence (ASE) certified, or be certified by a
comparable program as determined by the department.
(m) As part of the contracts to be awarded pursuant to subdivision
(e), the department may require contractors to perform functions
previously undertaken by referee stations throughout the state, as
determined by the department, at some or all of the affected stations
in enhanced areas, and at additional stations outside enhanced areas
only to the extent necessary to provide appropriate access to
referee functions.
(n) Notwithstanding any other provision of law, to avoid delays to
the program implementation timeline required by this chapter or the
Clean Air Act, the Department of General Services, at the request of
the department, may exempt contracts awarded pursuant to this section
from existing laws, rules, resolutions, or procedures that are
otherwise applicable, including, but not limited to, restrictions on
awarding contracts for more than three years. The department shall
identify any exemptions requested and granted pursuant to this
subdivision and report thereon to the Legislature.
(o) The department shall implement the program established in this
section only in urbanized areas classified by the Environmental
Protection Agency as a serious, severe, or extreme nonattainment area
for ozone or a moderate or serious nonattainment area for carbon
monoxide with a design value greater than 12.7 ppm, and shall not
implement the program in any other area.
(p) If existing smog check stations, in order to participate in
the enhanced program, have been required to make additional
investments of more than ten thousand dollars ($10,000), the
department shall submit recommendations to the Governor and the
Legislature for any appropriate mitigation measures.
SEC. 2. Section 44011 of the Health and Safety Code is amended to
read:
44011. (a) All motor vehicles powered by internal combustion
engines that are registered within an area designated for program
coverage shall be required biennially to obtain a certificate of
compliance or noncompliance, except for all of the following:
(1) Every motorcycle, and every diesel-powered vehicle, until the
department, pursuant to Section 44012, implements test procedures
applicable to motorcycles or to diesel-powered vehicles, or both.
(2) Any motor vehicle that has been issued a certificate of
compliance or noncompliance or a repair cost waiver upon a change of
ownership or initial registration in this state during the preceding
six months.
(3) Any motor vehicle manufactured prior to the 1976 model-year.
(4) (A) Except as provided in subparagraph (B), any motor vehicle
four or less model-years old.
(B) Beginning January 1, 2005, any motor vehicle six or less
model-years old, unless the state board finds that providing an
exception for these vehicles will prohibit the state from meeting the
requirements of Section 176(c) of the federal Clean Air Act (42
U.S.C. Sec. 7401 et seq.) or the state's commitments with respect to
the state implementation plan required by the federal Clean Air Act.
(C) Any motor vehicle excepted by this paragraph shall be subject
to testing and to certification requirements as determined by the
department, if any of the following apply:
(i) The department determines through remote sensing activities or
other means that there is a substantial probability that the vehicle
has a tampered emission control system or would fail for other cause
a smog check test as specified in Section 44012.
(ii) The vehicle was previously registered outside this state and
is undergoing initial registration in this state.
(iii) The vehicle is being registered as a specially constructed
vehicle.
(iv) The vehicle has been selected for testing pursuant to Section
44014.7 or any other provision of this chapter authorizing
out-of-cycle testing.
(5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (b) of Section 44024.5. It is the intent of the
Legislature that the department, pursuant to the authority granted by
this paragraph, exempt at least 15 percent of the lowest emitting
motor vehicles from the biennial smog check inspection.
(6) Any motor vehicle that the department determines would present
prohibitive inspection or repair problems.
(7) Any vehicle registered to the owner of a fleet licensed
pursuant to Section 44020 if the vehicle is garaged exclusively
outside the area included in program coverage, and is not primarily
operated inside the area included in program coverage.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
(c) For purposes of subdivision (a), any collector motor vehicle,
as defined in Section 259 of the Vehicle Code, is exempt from those
portions of the test required by subdivision (f) of Section 44012 if
the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model-years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model-year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
(d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed.
SEC. 3. Section 44011 is added to the Health and Safety Code, to
read:
44011. (a) All motor vehicles powered by internal combustion
engines that are registered within an area designated for program
coverage shall be required biennially to obtain a certificate of
compliance or noncompliance, except for the following:
(1) All motorcycles until the department, pursuant to Section
44012, implements test procedures applicable to motorcycles.
(2) All motor vehicles that have been issued a certificate of
compliance or noncompliance or a repair cost waiver upon a change of
ownership or initial registration in this state during the preceding
six months.
(3) All motor vehicles manufactured prior to the 1976 model-year.
(4) (A) Except as provided in subparagraph (B), all motor vehicles
four or less model-years old.
(B) Beginning January 1, 2005, all motor vehicles six or less
model-years old, unless the state board finds that providing an
exception for these vehicles will prohibit the state from meeting the
requirements of Section 176(c) of the federal Clean Air Act (42
U.S.C. Sec. 7401 et seq.) or the state's commitments with respect to
the state implementation plan required by the federal Clean Air Act.
(C) All motor vehicles excepted by this paragraph shall be subject
to testing and to certification requirements as determined by the
department, if any of the following apply:
(i) The department determines through remote sensing activities or
other means that there is a substantial probability that the vehicle
has a tampered emission control system or would fail for other cause
a smog check test as specified in Section 44012.
(ii) The vehicle was previously registered outside this state and
is undergoing initial registration in this state.
(iii) The vehicle is being registered as a specially constructed
vehicle.
(iv) The vehicle has been selected for testing pursuant to Section
44014.7 or any other provision of this chapter authorizing
out-of-cycle testing.
(D) This paragraph does not apply to diesel-powered vehicles.
(5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (b) of Section 44024.5. It is the intent of the
Legislature that the department, pursuant to the authority granted by
this paragraph, exempt at least 15 percent of the lowest emitting
motor vehicles from the biennial smog check inspection.
(6) All motor vehicles that the department determines would
present prohibitive inspection or repair problems.
(7) Any vehicle registered to the owner of a fleet licensed
pursuant to Section 44020 if the vehicle is garaged exclusively
outside the area included in program coverage, and is not primarily
operated inside the area included in program coverage.
(8) (A) All diesel-powered vehicles manufactured prior to the 1998
model-year.
(B) All diesel-powered vehicles that have a gross vehicle weight
rating of 8,501 to 10,000 pounds, inclusive, until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
(C) All diesel-powered vehicles that have a gross vehicle weight
rating from 10,001 pounds to 13,999 pounds, inclusive, until the
state board and the Department of Motor Vehicles determine the best
method for identifying these vehicles, and until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
(D) All diesel-powered vehicles that have a gross vehicle weight
rating of 14,000 pounds or greater.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
(c) For purposes of subdivision (a), a collector motor vehicle, as
defined in Section 259 of the Vehicle Code, is exempt from those
portions of the test required by subdivision (f) of Section 44012 if
the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model-years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model-year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
(d) This section shall become operative on January 1, 2010.
SEC. 4. Section 44012 of the Health and Safety Code is amended to
read:
44012. The test at the smog check stations shall be performed in
accordance with procedures prescribed by the department, pursuant to
Section 44013, and shall require, at a minimum, for all vehicles that
are not diesel-powered, loaded mode dynamometer testing in enhanced
areas, and two-speed testing in all other program areas. The
department shall ensure all of the following:
(a) Emission control systems required by state and federal law are
reducing excess emissions in accordance with the standards adopted
pursuant to subdivisions (a) and (c) of Section 44013.
(b) Motor vehicles are preconditioned to ensure representative and
stabilized operation of the vehicle's emission control system.
(c) For other than diesel-powered vehicles, the vehicle's exhaust
emissions of hydrocarbons, carbon monoxide, carbon dioxide, and
oxides of nitrogen in an idle mode or loaded mode are tested in
accordance with procedures prescribed by the department. In
determining how loaded mode and evaporative emissions testing shall
be conducted, the department shall ensure that the emission reduction
targets for the enhanced program are met.
(d) For other than diesel-powered vehicles, the vehicle's fuel
evaporative system and crankcase ventilation system are tested to
reduce any nonexhaust sources of volatile organic compound emissions,
in accordance with procedures prescribed by the department.
(e) For diesel-powered vehicles, if the department determines that
the inclusion of those vehicles is technologically and economically
feasible, a visual inspection is made of emission control devices and
the vehicle's exhaust emissions are tested in accordance with
procedures prescribed by the department, that may include, but are
not limited to, on-board diagnostic testing. The test may include
testing of emissions of any or all of the pollutants specified in
subdivision (c) and, upon the adoption of applicable standards,
measurement of emissions of smoke or particulates, or both.
(f) A visual or functional check is made of emission control
devices specified by the department, including the catalytic
converter in those instances in which the department determines it to
be necessary to meet the findings of Section 44001. The visual or
functional check shall be performed in accordance with procedures
prescribed by the department.
(g) A determination as to whether the motor vehicle complies with
the emission standards for that vehicle's class and model-year as
prescribed by the department.
(h) The test procedures may authorize smog check stations to
refuse the testing of a vehicle that would be unsafe to test, or that
cannot physically be inspected, as specified by the department by
regulation. The refusal to test a vehicle for those reasons shall not
excuse or exempt the vehicle from compliance with all applicable
requirements of this chapter.
(i) This section shall remain in effect only until January 1,
2010, and as of that date is repealed.
SEC. 5. Section 44012 is added to the Health and Safety Code, to
read:
44012. The test at the smog check stations shall be performed in
accordance with procedures prescribed by the department, pursuant to
Section 44013, and shall require, at a minimum, for all vehicles that
are not diesel-powered, loaded mode dynamometer testing in enhanced
areas, and two-speed testing in all other program areas. The
department shall ensure all of the following:
(a) Emission control systems required by state and federal law are
reducing excess emissions in accordance with the standards adopted
pursuant to subdivisions (a) and (c) of Section 44013.
(b) Motor vehicles are preconditioned to ensure representative and
stabilized operation of the vehicle's emission control system.
(c) For other than diesel-powered vehicles, the vehicle's exhaust
emissions of hydrocarbons, carbon monoxide, carbon dioxide, and
oxides of nitrogen in an idle mode or loaded mode are tested in
accordance with procedures prescribed by the department. In
determining how loaded mode and evaporative emissions testing shall
be conducted, the department shall ensure that the emission reduction
targets for the enhanced program are met.
(d) For other than diesel-powered vehicles, the vehicle's fuel
evaporative system and crankcase ventilation system are tested to
reduce any nonexhaust sources of volatile organic compound emissions,
in accordance with procedures prescribed by the department.
(e) For diesel-powered vehicles, a visual inspection is made of
emission control devices and the vehicle's exhaust emissions are
tested in accordance with procedures prescribed by the department,
that may include, but are not limited to, on-board diagnostic
testing. The test may include testing of emissions of any or all of
the pollutants specified in subdivision (c) and, upon the adoption of
applicable standards, measurement of emissions of smoke or
particulates, or both.
(f) A visual or functional check is made of emission control
devices specified by the department, including the catalytic
converter in those instances in which the department determines it to
be necessary to meet the findings of Section 44001. The visual or
functional check shall be performed in accordance with procedures
prescribed by the department.
(g) A determination as to whether the motor vehicle complies with
the emission standards for that vehicle's class and model-year as
prescribed by the department.
(h) The test procedures may authorize smog check stations to
refuse the testing of a vehicle that would be unsafe to test, or that
cannot physically be inspected, as specified by the department by
regulation. The refusal to test a vehicle for those reasons shall not
excuse or exempt the vehicle from compliance with all applicable
requirements of this chapter.
(i) This section shall become operative on January 1, 2010.
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.