BILL NUMBER: SB 1549	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Florez

                        FEBRUARY 22, 2008

   An act to amend Section 44011 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1549, as introduced, Florez. Smog check program: San Joaquin
Valley Unified Air Pollution Control District.
   (1) Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs that provides for the inspection of all motor
vehicles, except those exempted from the program, upon registration,
biennially upon renewal of registration, upon transfer of ownership,
and in certain other circumstances. Motor vehicles manufactured prior
to the 1976 model-year are exempt from smog check requirements, as
provided.
   This bill would exclude from this exemption those motor vehicles
registered by a new owner at an address within the boundaries of the
San Joaquin Valley Unified Air Pollution Control District on or after
January 1, 2009.
   (2) Because violations by owners of motor vehicles currently
exempt from the smog check requirements would be a crime, the bill
would impose a state-mandated local program.
   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.
   (3) This bill would make findings and declarations regarding the
inapplicability of a general statute within the meaning of Section 16
of the California Constitution.
   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 44011 of the Health and Safety Code, as amended
by Section 2 of Chapter 739 of the Statutes of 2007, 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)  (A)    Any motor vehicle manufactured prior
to the 1976 model-year. 
   (B) The exemption in this paragraph does not apply to a motor
vehicle registered by a new owner at an address within the boundaries
of the San Joaquin Valley Unified Air Pollution Control District on
or after January 1, 2009. 
   (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. 2.  Section 44011 of the Health and Safety Code, as added by
Section 3 of Chapter 739 of the Statutes of 2007, 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 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)  (A)    All motor vehicles manufactured
prior to the 1976 model-year. 
   (B) The exemption in this paragraph does not apply to a motor
vehicle registered by a new owner at an address within the boundaries
of the San Joaquin Valley Unified Air Pollution Control District on
or after January 1, 2009. 
   (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. 3.  The Legislature finds and declares that, due to the unique
circumstances applicable to air quality in the San Joaquin Valley, a
statute of general applicability cannot be enacted within the
meaning of subdivision (b) of Section 16 of Article IV of the
California Constitution.
  SEC. 4.  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.