BILL NUMBER: AB 1237	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 27, 2009

   An act to amend Section 44012 of the Health and Safety Code,
relating to vehicle emissions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1237, as introduced, Garrick. Air resources: vehicle emissions:
smog checks.
   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 as specified, upon registration, biennally, upon
transfer of ownership, and in certain other circumstances.
   Existing law requires that tests at smog check stations require,
for all vehicles that are not diesel-powered, loaded dynamometer
testing in enhanced program areas, as defined, and 2-speed testing in
all other program areas, as defined.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44012 of the Health and Safety Code, as added
by Section 5 of Chapter 739 of the Statutes of 2007, is amended to
read:
   44012.   (a)    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) 
    (1)  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) 
    (2)  Motor vehicles are preconditioned to ensure
representative and stabilized operation of the vehicle's emission
control system. 
   (c) 
    (3)  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) 
    (4)  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) 
    (5)  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) 
    (6)  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) 
    (7)  A determination  is made  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) 
    (b)  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) 
    (c)  This section shall become operative on January 1,
2010.