BILL NUMBER: AB 2289 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Eng
FEBRUARY 18, 2010
An act to amend Sections 44010, 44010.5, 44012, 44014, 44014.2,
44014.5, 44024.5, 44036, 44052, 44055, and 44056 of, to add Section
44001.1 to, to repeal Sections 44050.5, 44051.5, 44053, and 44054 of,
and to repeal and add Sections 44050 and 44051 of, the Health and
Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 2289, as introduced, Eng. Smog check program: testing:
penalties.
(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 other
circumstances, upon its initial registration, upon transfer of
ownership, and for vehicles registered in certain areas of the state,
biennially upon renewal of registration. Existing law 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.
This bill would authorize the department, in consultation with the
State Air Resources Board, to determine the appropriate test
procedures, as specified.
The bill would authorize the department to contract with one or
more entities that would assist the department to manage smog check
stations.
The bill would authorize the department to adopt, by regulation, a
process by which vehicles that present prohibitive or unusual
inspection circumstances are inspected by referees, as provided. A
referee would be authorized to charge a fee sufficient to cover the
costs of providing certain referee services.
The bill would authorize the department to issue performance
standards that stations would be required to meet to be eligible to
issue certificates of compliance or noncompliance for certain
vehicles.
The bill would make other changes to the department's authority
with respect to the smog check program, including requirements
relating to testing equipment and motor vehicle emission data.
(2) Existing law authorizes the Department of Consumer Affairs to
issue a citation to a smog check station or technician that may
specify certain civil penalties.
This bill would repeal this provision and related provisions
specifying the circumstances in which such a citation may be issued
and certain minimum and maximum amounts for civil penalties. It
would, instead, authorize the department to issue a citation to a
licensee, contractor, or fleet owner for a violation of smog check
requirements. The citation could contain an order of abatement or the
assessment of an administrative fine up to $5,000, or both, meeting
specified requirements. The bill would make other changes to smog
check penalty provisions, including authorizing civil penalties up to
$5,000 for a violation of smog check requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44001.1 is added to the Health and Safety Code,
to read:
44001.1. (a) The Legislature finds and declares that additional
reductions of motor vehicle emissions could be achieved by effective
repairs to motor vehicle emission control components.
(b) It is the intent of the Legislature that the department work
with the California Community Colleges and other training
institutions to encourage the development of innovative training
programs for motor vehicle technicians that focus on reducing air
pollution from vehicles needing repair and that increase the number
and skill level of motor vehicle technicians.
SEC. 2. Section 44010 of the Health and Safety Code is amended to
read:
44010. (a) The motor vehicle inspection
program shall provide for privately operated stations which shall be
referred to as smog check stations and are authorized pursuant to
Section 44015 to issue certificates of compliance or noncompliance to
vehicles which that meet the
requirements of this chapter.
(b) The department may contract with one or more entities to
provide assistance to the department to manage smog check stations.
If the implementation of this subdivision reduces state costs, the
department shall reduce the fee described in subdivision (c) of
Section 44060, as appropriate.
SEC. 3. 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 United States
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. Vehicles selected for testing pursuant to this
section shall include vehicles equipped without second generation
on-board diagnostic systems (OBD II) and vehicles with emission
problems that may not be adequately detected by the vehicle's OBD II,
as determined by the department in consultation with the state
board.
(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.
( l ) 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 United States
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. 4. 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. The test at the smog check stations shall be performed in
accordance with procedures prescribed by the department ,
pursuant to Section 44013, and shall
may 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 , testing
utilizing a vehicle's on-board diagnostic system, or other
appropriate test procedures as determined by the department in
consultation with the state board . The department shall ensure
all of , as appropriate to the test method,
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. 5. Section 44014 of the Health and Safety Code is amended to
read:
44014. (a) Except as otherwise provided in this chapter, the
testing and repair portion of the program shall be conducted by smog
check stations licensed by the department, and by smog check
technicians who have qualified pursuant to this chapter.
(b) (1) A smog check station
may be licensed by the department as a smog check test-only station
and, when so licensed, need not comply with the requirement for
onsite availability of current service and adjustment procedures
specified in paragraph (3) of subdivision (b) of Section 44030. A
smog check technician employed by a smog check test-only station
shall be qualified in accordance with this section.
(2) The department may authorize the placement of referees in
qualified test-only stations to provide referee services as a matter
of convenience to the public. The
(c) (1) The
department shall supply those referees directly or through
a contractor a network of referees .
A referee shall have no ownership interest in the facility
at which the referee is located , or business or
economic interest with, a smog check station . Referees
shall be solely responsible for issuing may
issue repair cost waivers, certificates of compliance or
noncompliance, and hardship extensions, in accordance with
regulations adopted by the department, and for issuing
issue exhaust system certificates of compliance
in accordance with Section 27150.2 of the Vehicle Code. Referees
shall make inspections of specially constructed vehicles pursuant to
Section 44017.4 and Section 9565 of the Vehicle Code.
The
(2) The department may adopt
regulations to establish qualification standards and any special
administrative, operational, and licensure standards that the
department determines to be necessary for test-only stations
that perform the provision of referee services.
(3) The department may adopt, by regulation, a process by which
vehicles that present prohibitive or unusual inspection circumstances
are inspected by referees, including, but not limited to, the
inspection of vehicles in which the manufacturer's physical or
operational design presents inspection incompatibilities, vehicles
equipped with emission control configurations that do not match
United States Environmental Protection Agency or state board
certified configurations, including direct import vehicles and
vehicles with engine changes, and vehicles equipped with retrofit
alternative fuel conversion kits.
(4) (A) A referee may charge a fee sufficient to cover the costs
of providing referee services for inspections of specially
constructed vehicles pursuant to Section 44017.4 and Section 9565 of
the Vehicle Code, inspections pursuant to Section 27150.2 of the
Vehicle Code, and other appropriate categories of referee services as
determined by the department. Requirements applicable to the fee,
including its amount, shall be established by the department by
regulation and the amount may be adjusted to reflect changes in the
Consumer Price Index, as published by the United States Bureau of
Labor Statistics. The fee may be collected by either a contracted
referee or by the department, if the department is providing the
referee service.
(B) If the fee is imposed and collected by a contracted referee,
the contracted referee shall deposit the fees collected from the
vehicle owner into a separate trust account that the referee shall
account for and manage in accordance with generally accepted
accounting practices.
(C) If the fee is imposed and collected by the department, the
fees shall be deposited into the Vehicle Inspection and Repair Fund.
(c)
(d) A smog check station may also be licensed as a
repair-only station, and if so licensed, may perform repairs to
reduce excessive emissions on vehicles which have failed the smog
check test. Repair procedures and equipment requirements shall be
established by the department. Technicians employed by a smog check
repair-only station shall be qualified in accordance with this
section.
(d)
(e) Smog check technicians are qualified to test and
repair only those classes and categories of vehicles for which they
have passed a qualification test administered by the department. The
department shall provide for smog check technicians to be qualified
for different categories of motor vehicle inspection based on vehicle
classification and model-year.
(e)
(f) The consumer protection-oriented quality assurance
portion of the program , including the provision of referee
services, may be conducted by one or more private entities
pursuant to contracts with the department.
SEC. 6. Section 44014.2 of the Health and Safety Code is amended
to read:
44014.2. (a) The department shall develop a program for the
voluntary certification of licensed smog check stations, or the
department may accept a smog check station certification program
proposed by accredited industry representatives. The certification
program, which may be called a "gold shield" program, shall be for
the purpose of providing consumers, whose vehicles fail an emissions
test at a test-only facility, an option of services at a single
location to prevent the necessity for additional trips back to the
test-only facility for vehicle certification. The department may
establish performance standards for stations certified under this
program that the stations would be required to meet to be eligible to
issue certificates of compliance or noncompliance for
vehicles selected pursuant to Sections 44010.5 and 44014.7, or
vehicles identified by the department as gross polluters.
(b) As soon as is practicable, but not later than January
1, 2004, the The department shall adopt
regulations that apply to all enhanced areas of the state, including
those areas subject to the enhanced program pursuant to Section
44003.5, that permit both of the following:
(1) Any vehicle that fails a required smog test at a test-only
facility may be repaired, retested, and certified at a facility
licensed pursuant to Section 44014, and certified pursuant to
subdivision (a).
(2) Any vehicle that is identified as a gross polluter may be
repaired, retested, and certified at a facility licensed pursuant to
Section 44014, and certified pursuant to subdivision (a).
(c) Smog check stations that seek voluntary certification under
this section shall enter into an agreement with the department to
provide repair services pursuant to Section 44062.1.
(d) An agreement made pursuant to this section shall not be deemed
to be a contract subject to the requirements of Part 2 (commencing
with Section 10100) of Division 2 of the Public Contract Code.
SEC. 7. Section 44014.5 of the Health and Safety Code is amended
to read:
44014.5. (a) The enhanced program shall provide for the testing
and retesting of vehicles in accordance with Sections 44010.5 and
44014.2 and this section.
(b) The repair of vehicles at test-only facilities shall
be is prohibited, except that the minor repair
of components damaged by station personnel during inspection at the
station, any minor repair that is necessary for the safe operation of
a vehicle while at a station, or other minor repairs, such as the
reconnection of hoses or vacuum lines, may be undertaken at no charge
to the vehicle owner or operator if authorized in advance in writing
by the department.
(c) The department shall provide for the distribution to consumers
by test-only facilities of a list, compiled by region, of smog check
stations licensed to make repairs of vehicular emission control
systems. A test-only facility may not refer a vehicle owner to any
particular provider of vehicle repair services.
(d) (1) The department shall establish
standards for training, equipment, performance, or data collection
for test-only facilities.
(2) (A) The department may establish performance standards that
test-only stations would be required to meet to be eligible to issue
certificates of compliance or noncompliance for vehicles selected
pursuant to Section 44010.5 or 44014.7, or vehicles identified by the
department as gross polluters. Failure at any time to meet these
standards shall result in an automatic suspension by operation of law
of the certification to test these vehicles granted by the
department. A test-only station not meeting the performance standards
may continue to issue certificates of compliance and noncompliance
for other vehicles. The department shall adopt measures to ensure the
requirements of this subparagraph are met, including through the use
of the computer database and computer network authorized by Section
44037.1.
(B) The department shall provide the test-only station with
notice, written or electronic, of the suspension pursuant to
subparagraph (A) within 24 hours of the suspension.
(C) A test-only station whose certification has been suspended
pursuant to subparagraph (A) may apply to the department for a
hearing to contest the evidence supporting the certification
suspension. The application for a hearing shall be in writing and
shall be received by the department within 30 days after the date of
suspension. The department shall set the matter for a hearing within
30 days of receipt of the written request. The hearing requirements
of Section 44072 shall not apply.
(e) The department shall prohibit test-only facilities from
engaging in other business activities that represent a conflict of
interest, as determined by the department.
(f) The test-only facility may charge a fee, established by the
department, sufficient to cover the facility's cost to perform the
tests or services, including, but not limited to, referee services
and the issuance of waivers and hardship extensions required by this
chapter. In addition, the station shall charge and collect the
certificate fee established pursuant to Section 44060. This
subdivision shall apply only to facilities contracted for pursuant to
subdivision (e) of Section 44010.5.
(g) The department shall ensure that there is a sufficient number
of test-only facilities to provide convenient testing for the
following vehicles:
(1) All vehicles identified and confirmed as gross polluters
pursuant to Section 44081 and Section 27156 of the Vehicle Code.
(2) (A) Vehicles initially identified as gross polluters by a smog
check station licensed as a test-and-repair station may be issued a
certificate of compliance by a test-only facility or by a licensed
smog check station certified pursuant to Section 44014.2.
(B) For purposes of this section, the department shall implement a
program that allows vehicles initially identified as gross polluters
to be repaired and issued a certificate of compliance by a facility
licensed and certified pursuant to Section 44014.2.
(3) All vehicles designated by the department pursuant to Sections
44014.7 and 44020.
(4) Vehicles issued an economic hardship extension in the previous
biennial inspection of the vehicle.
(h) The department shall provide a sufficient number of test-only
facilities authorized to perform referee functions to provide
convenient testing for those vehicles that are required to report to,
and receive a certificate of compliance from, a test-only facility
by this chapter, including all of the following:
(1) All vehicles seeking to utilize state-operated financial
assistance or inclusion in authorized scrap programs.
(2) All vehicles unable to obtain a certificate of compliance from
a licensed smog check station pursuant to subdivision (c) of Section
44015.
(3) Any other vehicles that may be designated by the department.
(i) Gross polluters shall be referred to a test-only facility, or
a test-and-repair station that is both licensed and certified
pursuant to Sections 44014 and 44014.2, for a postrepair inspection
and retest pursuant to subdivision (g). Simply passing
Passing the emissions test shall
is not be a sufficient
condition for receiving a certificate of compliance. A certificate of
compliance shall only be issued to a vehicle that does not have any
defects with its emission control system or any defects that could
lead to damage of its emission control system, as provided in
regulations adopted by the department.
SEC. 8. Section 44024.5 of the Health and Safety Code is amended
to read:
44024.5. (a) The department shall compile and maintain
statistical and emissions profiles of and
data from motor vehicles that are subject to the motor vehicle
inspection program. The department may use data from any source,
including remote sensing data , in use data, and other
motor vehicle inspection program data, to develop and confirm the
validity of the profiles , to evaluate the program, and to
assess the
performance of smog check stations. The department shall undertake
these requirements directly or seek a qualified vendor for these
services .
(b) The department, in cooperation with the state board, shall
perform periodic analyses of the
statistical and emissions profiles created data
collected pursuant to subdivision (a) and report the
results to the public annually, beginning no later than July 1, 2011
. The report shall include, at a minimum, all of the
following:
(1) An independent validation of the
evaluation methods, findings, and conclusions presented in the
report.
(2) The percentage of vehicles that initially passed a smog check
inspection and then failed a subsequent inspection as indicated by
the data collected pursuant to subdivision (a).
(3) The percentage of vehicles that initially failed a smog check
inspection and then failed a subsequent inspection as indicated by
the data collected pursuant to subdivision (a).
(4) An estimate of excessive emissions resulting from vehicles
identified in paragraphs (2) and (3).
(c) The department and the state
board, in consultation with the Inspection and Maintenance Review
Committee, may determine that, in addition to the vehicles excepted
pursuant to Section 44011, certain other motor vehicles may be
excepted from the biennial certification requirements of this chapter
without significantly compromising the emission reduction objectives
set forth in the State Implementation Plan (SIP).
(c)
(d) The department may conduct a pilot program to
except from the biennial certification requirement those vehicles
that may be jointly determined by the department and the state board,
after consultation with the Inspection and Maintenance Review
Committee, to warrant exception. The department shall provide written
notification to the Legislature specifying the number of vehicles to
be exempted as well as the geographic location and duration of the
pilot program not less than 30 days prior to the implementation of
the pilot program. The department shall submit the results of the
pilot program to the state board and the Inspection and Maintenance
Review Committee for review. Subject to the approval of the United
States Environmental Protection Agency as an amendment to the SIP,
the department may establish the exception program as a permanent
program.
(d)
(e) For vehicles four model years old or less, the
department shall use test data generated pursuant to Section 44014.7
to develop statistical and emissions profiles. The department may use
data from any source, including remote sensing data, warranty repair
and recall data, and other motor vehicle inspection program data, to
develop and confirm the validity of the data. If the department and
state board jointly determine that the emissions from a class of
motor vehicles would potentially compromise the emission reduction
objectives set forth in the SIP, the state board shall consider
appropriate corrective action, including, but not limited to, recall
pursuant to Section 43105.
SEC. 9. Section 44036 of the Health and Safety Code is amended to
read:
44036. (a) The consumer protection-oriented quality assurance
portion of the motor vehicle inspection program shall ensure uniform
and consistent tests and repairs by all qualified smog check
technicians and licensed smog check stations throughout the state,
and shall include a number of stations providing referee functions
available to consumers.
(b) (1) All licensed smog check stations
shall utilize original equipment and replacement parts that are
certified by the department. The department may enter into a
contract for the supply or service of certified equipment
with the manufacturers and service providers of this equipment. The
department shall afford to the smog check station the option to
purchase the equipment or service directly from the contractor or any
other provider of certified equipment or service, as determined by
the department. A contract executed pursuant to this paragraph may
authorize compensation to the contractor as provided in subdivision
(c) of Section 44037.2.
(2) The department shall charge a
fee for certification testing of the equipment or the replacement
parts. The fee for certification testing of equipment shall be fixed
by the department based upon its actual costs of certification
testing, shall be calculated from the time that the equipment is
submitted for certification testing until the time that the
certification testing is complete, and shall not exceed ten thousand
dollars ($10,000). The fee for certification testing of replacement
parts shall be determined by the department based upon its actual
costs of certification testing, shall be calculated from the time
that the replacement part is submitted for certification testing
until the time that the certification testing is complete, and shall
not exceed two thousand five hundred dollars ($2,500). The
(3) The department shall adopt,
and may revise, standards for certification and decertification of
the equipment, which that may include a
device for testing of emissions of oxides of nitrogen. As
expeditiously as possible, the The department
shall adopt , and update as necessary, equipment standards
that may include a test analyzer system containing
any or all of the following components :
(1)
(A) A microprocessor to control test sequencing,
selection of proper test standards, the automatic pass or fail
decision, and the format for the test report and the recorded data
file. The microprocessor shall be capable of using a standardized
programming language specified by the department.
(2)
(B) An exhaust gas analysis portion with an analyzer
for hydrocarbons, carbon monoxide, and carbon dioxide that is
designed to accommodate an optional oxides of nitrogen analyzer. An
oxides of nitrogen analyzer shall be required in the enhanced program
areas.
(3)
(C) Equipment necessary to perform visual and
functional tests of emission control devices required by the
department.
(4)
(D) A device to accept and record motor vehicle
identification information, including a device capable of reading bar
code information pursuant to regulations of the state board. The
device shall have the ability to identify, with the cooperation of
the Department of Motor Vehicles, smog inspections performed on
vehicles sold by used car dealers.
(5)
(E) A device to provide a printed record of the test
process and diagnostic information for the motorist.
(6)
(F) A mass storage device capable of storing not less
than the minimum amount of program software and data specified by the
department.
(7)
(G) A device to provide for the periodic modification
of all program and data files contained on the mass storage device,
using a standardized form of removable media conforming to
specifications of the department.
(8)
(H) A device that provides for the storage of test
records on a standardized form of removable media conforming to
specifications of the department.
(9)
(I) One or more communications ports conforming to the
specifications established by the department as necessary to provide
real time communication, or communication that is consistent with
maintaining a superior quality assurance program and efficient
information transfer, between the test equipment and the centralized
computer data base through the computer network maintained by the
department pursuant to Section 44037.1.
(10)
(J) An interface capable of monitoring equipment used
with loaded mode testing, idle testing, on board diagnostic testing,
or other tests prescribed by the department.
(11)
(K) Any other features that the department determines
are necessary to increase the effectiveness of the program,
including, but not limited to, a loaded mode dynamometer for purposes
of oxides of nitrogen detection, and other equipment necessary to
detect nonexhaust-related volatile organic compound emissions, such
as those found in fuel system evaporative emissions and crankcase
ventilation emissions.
(c) The department shall require in regulation the date by
which all smog check stations to are
required to use equipment meeting the requirements
of subdivision (b) as soon as possible, but not later than
January 1, 1996 . However, the department may defer the
requirement for any equipment, external to the chassis of the test
analyzer system, needed to read bar code information, until a
substantial portion of the vehicles subject to this chapter are
equipped with bar code labels. Prior to the imposition of a
requirement for equipment meeting the requirements of subdivision
(b), every smog check station shall use equipment meeting the
specifications of the department in effect on January 1,
1988 1996 .
(d) The quality assurance portion shall provide for inspections of
licensed smog check stations, data collection and forwarding,
equipment accuracy checks, operation of referee stations, and other
necessary functions. If the services are contracted for pursuant to
subdivision (e) of Section 44014, the department shall prepare
detailed specifications and solicit bids from private entities for
the implementation of the quality assurance functions.
(e) The department may revise the specifications for equipment
annually if the cost thereof is less than 20 percent of the total
system cost. A more comprehensive revision to the specifications may
be required not more often than every five years.
(f) (1) Equipment manufacturers shall furnish to the department,
and shall install, software and hardware updates as specified by the
department. The department shall allow equipment manufacturers six
months, from the date the department issues its proposed
specifications for periodic software and hardware updates, to obtain
department approval that the updates meet the proposed specifications
and to install the updates in all equipment subject to the updates.
During the first 30 days of the six-month period, the manufacturers
shall be permitted to review and to comment upon the proposed
specifications. However, notwithstanding any other provision of this
section, the department may order manufacturers to install software
and hardware changes in a shorter period of time upon a finding by
the department that a previously installed update does not meet
current specifications.
(2) The department may establish hardware specifications,
performance standards, and operational requirements for the
certification and continuing certification of the equipment specified
in subdivision (b).
(3) A manufacturer's failure to furnish or install required
software updates or to meet the specifications, standards, or
requirements established pursuant to paragraph (2), is cause for the
department to decertify the manufacturer's test analyzer system or to
issue a citation to the manufacturer. The citation shall specify the
nature of the violation and may specify a civil penalty not to
exceed one thousand dollars ($1,000) for each day the manufacturer
fails to furnish or install the specified software updates by the
specified period. In assessing a civil penalty pursuant to this
paragraph, the department shall give due consideration, in
determining the appropriateness of the amount of the civil penalty,
to factors such as the gravity of the violation, the good faith of
the manufacturer, and the history of previous violations.
(4) The citations shall be served pursuant to subdivision (c) of
Section 11505 of the Government Code. The manufacturer may request a
hearing in accordance with Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code. A request
for a hearing shall be submitted in writing within 30 days of service
of the citation, and shall be delivered to the office of the
department in Sacramento. Hearings and related procedures under this
paragraph shall be conducted in the same manner as proceedings for
adjudication of an accusation under that Chapter 5, except as
otherwise specified in this article.
(5) If within 30 days from the date of service of the citation,
the manufacturer fails to request a hearing, the citation shall be
deemed the final order of the department.
(6) Any failure to comply with the final order of the department
for payment of a civil penalty, or to pay the amount specified in any
settlement executed by the licensee and the Director of Consumer
Affairs, is cause for decertification of the manufacturer's test
analyzer system.
SEC. 10. Section 44050 of the Health and Safety Code is repealed.
44050. (a) If, upon investigation, the department has probable
cause to believe that a licensed smog check station, a test-only
station contractor, or a fleet owner licensed under Section 44020 has
violated this chapter, or any regulation adopted pursuant to this
chapter, the department may issue a citation to the licensee,
contractor, or fleet owner. The citation shall specify the nature of
the violation and may specify a civil penalty assessed by the
department pursuant to Section 44051 or 44051.5.
(b) If, upon investigation, the department has probable cause to
believe that a qualified smog check technician has violated Section
44012, 44015, 44016, or 44032, or any regulation of the department
adopted pursuant to this chapter, the department may issue a citation
to the technician. The citation shall specify the nature of the
violation and, in addition, whichever of the following applies:
(1) For a first citation, the smog check technician shall
successfully complete one or more retraining courses prescribed by
the department pursuant to subdivision (c) of Section 44031.5.
(2) For a second citation, the smog check technician shall
successfully complete one or more retraining courses prescribed by
the department pursuant to subdivision (c) of Section 44031.5 and the
technician shall perform inspections or repairs pursuant to this
chapter under the direction of a technician in good standing, as
defined by the department.
(3) For a third citation, the smog check technician shall
successfully complete an advanced retraining course prescribed by the
department and shall perform no inspection or repair pursuant to
this chapter until that completion.
(4) For a fourth citation, the smog check technician's
qualification may be permanently revoked.
(c) The citation shall be served pursuant to subdivision (c) of
Section 11505 of the Government Code.
SEC. 11. Section 44050 is added to the Health and Safety Code, to
read:
44050. (a) In addition to or in lieu of any other remedy or
penalty, the department may issue a citation to a licensee,
contractor, or fleet owner for a violation of the requirements of
this chapter or a regulation adopted pursuant to this chapter. The
citation may contain an order of abatement or the assessment of an
administrative fine, or both.
(b) An administrative fine issued pursuant to this section shall
not exceed five thousand dollars ($5,000) for each violation. The
department shall base its assessment of the administrative fine on
all of the following:
(1) The nature and seriousness of the violation.
(2) The persistence of the violation.
(3) The good faith of the violator.
(4) The history of previous violations by that violator, including
the commission of numerous and repeated violations.
(5) The failure to perform work for which money was received.
(6) The making of any false or misleading statement in order to
induce a person to authorize repair work or pay money.
(7) The failure to make restitution to consumers affected by the
violation.
(8) The extent to which the violator has mitigated or attempted to
mitigate any damage or injury caused by the violation.
(9) The purposes and goals of this chapter.
(c) An order of abatement issued pursuant to this section shall
fix a reasonable time for abatement of the violation. An order of
abatement may require any or all of the following:
(1) The licensee, contractor, or fleet owner to whom the citation
is issued to demonstrate how future compliance with this chapter, and
regulations adopted pursuant to this chapter, will be accomplished.
This demonstration may include, but is not limited to, submission of
a corrective action plan.
(2) The smog check technician to successfully complete one or more
retraining courses prescribed by the department pursuant to
subdivision (c) of Section 44031.5, or successfully complete one or
more advanced retraining courses prescribed by the department, or
both.
(3) The smog check technician to perform no inspection or repair
pursuant to this chapter until training courses prescribed by the
department are successfully completed.
(d) A citation issued pursuant to this section shall be in writing
and shall describe the nature of the violation and the specific
provision of law determined to have been violated. The citation shall
inform in writing the licensee, contractor, or fleet owner of the
right to request a hearing, as described in Section 44051. If a
hearing is not requested, payment of the administrative fine shall
not constitute an admission of the violation charged. If a hearing is
requested, the department shall provide a hearing in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, except insofar as those provisions
are inconsistent with the provisions of this article. Payment of the
administrative fine shall be due 30 days after the citation was
issued if a hearing is not requested, or when a final order is
entered if a hearing is requested. The department may enforce the
administrative fine as if it were a money judgment pursuant to Title
9 (commencing with Section 680.010) of Part 2 of the Code of Civil
Procedure.
(e) Failure to comply with an order of abatement or payment of an
administrative fine issued by the department pursuant to this section
is grounds for suspension or revocation of the license, or placing
the licensee on probation.
(f) Administrative fines collected pursuant to this section shall
be deposited in the High Polluter Repair or Removal Account within
the Vehicle Inspection and Repair Fund.
SEC. 12. Section 44050.5 of the Health and Safety Code is
repealed.
44050.5. In assessing a civil penalty pursuant to Section 44050
against a person who has not previously been cited for a violation of
the same statute or regulation, the department shall fix the penalty
at an amount within the minimum and maximum penalties specified in
Section 44051 or 44051.5, as the case may be, for each violation.
SEC. 13. Section 44051 of the Health and Safety Code is repealed.
44051. The civil penalty for a violation of the specified
provisions of this chapter is as follows:
Short Description Civil Penalty
Section of Violation Minimum Maximum
Smog check
44002 estimates and $ 50 $ 500
invoices
No emission control
system
inspection, no
44012 emissions 250 1,500
test, or inspection
test
procedures
Unlicensed smog
44014 check 250 1,500
station
Improper issuance
of
certificate,
44015 including 150 1,000
economic hardship
extension
certificate
Failure to follow
44016 established 150 1,000
repair procedures
Cost limit or
economic
44017 150 1,000
hardship extension
requirement
Test/repair by
unlicensed
smog check station
44031.5 or 250 1,500
nonqualified smog
check
technician
Qualified smog
44032 check 250 500
technician required
Smog check station
requirement, test
on
44033 condition of 250 1,500
mandatory
repair, written
estimate
requirements
Smog check station
certified
44036 150 1,500
equipment
requirement
Sale, transfer, or
purchase
of certificate,
including
economic hardship
44060 250 1,500
extension
certificate, and
certificate or
economic
hardship extension
charges
SEC. 14. Section 44051 is added to the Health and Safety Code, to
read:
44051. (a) If a person cited pursuant to Section 44050 wishes to
contest the citation, that person shall, within 30 days after service
of the citation, file in writing a request for an administrative
hearing to the chief of the bureau or a designee.
(b) (1) In addition to, or instead of, requesting an
administrative hearing pursuant to subdivision (a), the person cited
pursuant to Section 44050 may, within 30 days after service of the
citation, contest the citation by submitting a written request for an
informal citation conference to the chief of the bureau or a
designee.
(2) Upon receipt of a written request for an informal citation
conference, the chief of the bureau or a designee shall, within 60
days of the request, hold an informal citation conference with the
person requesting the conference. The cited person may be accompanied
and represented by an attorney or other authorized representative.
(3) If an informal citation conference is held, the request for an
administrative hearing shall be deemed withdrawn and the chief of
the bureau, or designee, may affirm, modify, or dismiss the citation
at the conclusion of the informal citation conference. If so affirmed
or modified, the citation originally issued shall be considered
withdrawn and an affirmed or modified citation, including reasons for
the decision, shall be issued. The affirmed or modified citation
shall be mailed to the cited person and that person's counsel, if
any, within 10 days of the date of the informal citation conference.
(4) If a cited person wishes to contest a citation affirmed or
modified pursuant to paragraph (3), the person shall, within 30 days
after service of the modified or affirmed citation, contest the
affirmed or modified citation by submitting a written request for an
administrative hearing to the chief of the bureau or a designee. An
informal citation conference shall not be held on affirmed or
modified citations.
SEC. 15. Section 44051.5 of the Health and Safety Code is
repealed.
44051.5. The civil penalty for a violation of the specified
sections of Title 16 of the California Code of Regulations is as
follows:
Short Description Civil Penalty
Section of Violation Minimum Maximum
Unlicensed operation of
3340.10 smog $250 $1,500
check station
Smog check station
3340.15 general 100 500
requirements
Smog check station
3340.16 equipment 150 1,000
and testing procedures
Smog check station
3340.16.5 equipment 150 1,000
and testing procedures
Smog check station
equipment
3340.17 150 1,000
maintenance and
calibration
Smog check station sign
3340.22 100 500
requirement
3340.22.1 Sign restrictions 100 500
3340.23 Smog check cease 250 1,500
operations
3340.25 Licensed inspector 150 1,000
requirement
Qualified mechanic's
training
3340.30 100 500
and certification
requirement
Certification of
compliance and
3340.35 250 1,500
noncompliance
requirement
NOx device/sticker
3340.37 100 500
requirement
3340.41 Inspection/test/repair 150 1,000
requirement
3340.41.3 Invoice requirements 100 500
Inspection standards,
test
3340.42 100 500
procedures, and exhaust
emissions requirement
SEC. 16. Section 44052 of the Health and Safety Code is amended to
read:
44052. (a) When If a citation lists
more than one violation, the amount of the civil penalty or
administrative fine assessed shall be stated separately for
each statute and regulation violated.
(b) When If a citation lists more
than one violation arising from a single motor vehicle inspection or
repair, the total penalties assessed shall not exceed two
thousand five hundred dollars ($2,500) five thousand
dollars ($5,000) .
SEC. 17. Section 44053 of the Health and Safety Code is repealed.
44053. (a) Any person issued a citation pursuant to Section
44050 may request a hearing in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code. A request for a hearing shall be submitted in
writing within 30 days of service of the citation, and shall be
delivered to the office of the department in Sacramento. Hearings and
related procedures under this section shall be conducted
in the same manner as
proceedings for adjudication of an accusation under that Chapter 5,
except as otherwise specified in this article.
(b) If, within 30 days from service of the citation, the licensee
or fleet owner licensed pursuant to Section 44020 or qualified
mechanic fails to request a hearing, the citation shall be deemed the
final order of the department.
(c) As it applies to this article, the service required in
Section 11505 of the Government Code includes service personally, by
registered mail, or by courier with receipt of delivery.
SEC. 18. Section 44054 of the Health and Safety Code is repealed.
44054. In assessing a civil penalty pursuant to a citation issued
pursuant to Section 44050, the director shall give due consideration
to the gravity of the violation, including, but not limited to, a
consideration of whether any of the following apply to the licensee:
(a) A failure to perform work for which money was received.
(b) The making of any false or misleading statement in order to
induce a person to authorize repair work or pay money.
(c) The commission of numerous or repeated violations.
(d) A failure to make restitution to customers affected by the
licensee's violation.
SEC. 19. Section 44055 of the Health and Safety Code is amended to
read:
44055. (a) Any failure by an applicant for a license or for the
renewal of a license, or by any partner, officer, or director
thereof, to comply with the final order of the department for the
payment of civil penalties an administrative
fine , or to pay the amount specified in a settlement executed
by the applicant and the Director of the Department of Consumer
Affairs, shall result in denial of a license or of the renewal of the
license. The department shall not allow the issuance of any
certificate of compliance or noncompliance by a licensee until all
civil penalties and administrative fines which have become
final, or amounts agreed to in a settlement, have been paid by the
licensee.
(b) The department may deny an application for the renewal of a
test station or repair station license if the applicant, or any
partner, officer, or director thereof, has failed to pay any civil
penalty or administrative fine in accordance with this
article.
SEC. 20. Section 44056 of the Health and Safety Code is amended to
read:
44056. (a) Except as otherwise provided in Sections
44051 and 44051.5, any In addition to an
administrative fine pursuant to Section 44050, any person who
violates this chapter, or any order, rule, or regulation of the
department adopted pursuant to this chapter, is liable for a civil
penalty of not less than one hundred fifty dollars ($150)
and not more than two thousand five hundred
dollars ($2,500) five thousand dollars ($5,000)
for each day in which each violation occurs. Any action to recover
civil penalties shall be brought by the Attorney General in the name
of the state on behalf of the department, or may be brought by any
district attorney, city attorney, or attorney for a district.
(b) The penalties specified in subdivision (a) do not apply to an
owner or operator of a motor vehicle, except an owner or operator who
does any of the following:
(1) Obtains, or who attempts to obtain, a certificate of
compliance or noncompliance, a repair cost waiver, or an economic
hardship extension without complying with Section 44015.
(2) Obtains, or attempts to obtain, a certificate of compliance, a
repair cost waiver, or an economic hardship extension by means of
fraud, including, but not limited to, offering or giving any form of
financial or other inducement to any person for the purpose of
obtaining a certificate of compliance for a vehicle that has not been
tested or has been tested improperly.
(3) Registers a motor vehicle at an address other than the owner's
or operator's residence address for the purpose of avoiding the
requirements of this chapter.
(4) Obtains, or attempts to obtain, a certificate of compliance by
other means when required to report to the test-only facility after
being identified as a tampered vehicle or gross polluter pursuant to
Section 44015 or 44081.
(c) Any person who obtains or attempts to obtain a repair cost
waiver, or economic hardship extension pursuant to this chapter by
falsifying information shall be subject to a civil penalty of
not less than one hundred fifty dollars ($150) and
not more than one thousand dollars ($1,000)
five thousand dollars ($5,000) , and shall be made ineligible
for receiving any repair assistance of any kind pursuant to this
chapter.
(d) Any person who obtains or attempts to obtain a certificate of
compliance pursuant to this chapter by falsifying information shall
be subject to a civil penalty of not more than five thousand dollars
($5,000).