BILL ANALYSIS
AB 2289
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Date of Hearing: May 12, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2289 (Eng) - As Amended: April 21, 2010
Policy Committee:
TransportationVote:8-3
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill authorizes the Department of Consumer Affairs (DCA) to
require smog check stations to use computerized onboard
diagnostic systems for new vehicles and provides DCA with
administrative and civil penalty authority. Specifically, this
bill:
1)Authorizes DCA to require Smog Check stations to use onboard
diagnostic (OBD) systems for vehicles model year 2000 and
newer.
2)Provides for an alternative Smog Check test system for
vehicles not equipped with second generation onboard
diagnostic systems (OBD II) and vehicles with emission
problems that may not be adequately detected by the vehicle's
OBD II, as determined by DCA and the Air Resources Board
(ARB).
3)Authorizes DCA to certify smog check stations that meet higher
standards and that may inspect and certify problematic or
especially polluting vehicles.
4)Allows DCA to impose an administrative fine, of no less than
$100 and no more than $5,000 per violation, against a
licensee, contractor, or fleet owner who violates Smog Check
requirements and provides for appeal. Directs revenues to the
High Polluter Repair or Removal Account (HPRRA) within the
Vehicle Inspection and Repair Fund (VIRF).
5)Allows law enforcement officials, acting on behalf of DCA, to
impose a civil penalty of not more than $5,000 for each day
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the violation occurs, and specifies that any person who
fraudulently attempts to obtain a certificate of compliance
will be subject to a civil penalty of not more than $5,000.
6)Requires DCA, in consultation with ARB, to collect and analyze
Smog Check data and make the analysis publicly available each
year.
FISCAL EFFECT
1) Annual costs to DCA, ranging from $350,000 to $450,000,
to develop new Smog Check standards, certify test stations
that meet higher standards, enforce compliance, and
collect, analyze and publish data (VIRF).
2) Minor, absorbable costs to ARB to consult with DCA.
COMMENTS
1)Rationale . The DCA and ARB (sponsors) contend this bill will
save consumers time and money, improve consumer protection and
reduce air pollution. This is because, according to the
sponsors, OBD II equipment is less costly than conventional
smog check equipment and allows, faster and more-accurate
testing of a vehicle's emissions. The sponsors also contend
the more-stringent standards for high performance Smog Check
stations will ensure older, higher polluting vehicles not
equipped with OBD II will receive accurate emissions testing
and repair and the enhanced enforcement provisions will better
guarantee program compliance, thereby reducing air pollution.
2)Background .
a) Smog Check . The Bureau of Automotive Repair (BAR)
within DCA administers California's Smog Check program,
which began in 1982. State law requires
California-registered gasoline-powered motor vehicles
registered in areas of the state suffering from high levels
of air pollution to have a Smog Check inspection every two
years. In addition, all cars must be tested for emissions
upon change of ownership and initial registration. BAR
licenses two types of Smog Check test centers-test only
centers, which cannot repair vehicles, and "gold shield"
centers, which can make repairs.
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California's Smog Check program includes two inspection
procedures for 1996 and newer model-year vehicles: a
tailpipe emission test and inspection of a vehicle's OBD II
system. Federal law requires all newer vehicles to include
an OBD II system, which monitors the performance of the
vehicle's emission control systems.
b) Effectiveness of OBD II. The Inspection and
Maintenance Review Committee (IMRC) is created in law as an
advisory body to review and evaluate the Smog Check program
and to recommend program improvements. According to IMRC:
i) The United States Environmental Protection Agency
and state authorities have generally found, when compared
to existing tailpipe testing procedures, OBD II systems
are more effective in detecting emission-related
malfunctions on in-use vehicles.
ii) Vehicles are more than twice as likely to fail an
OBD II-based inspection as the tailpipe emissions test.
iii) Nearly every state besides California that has a
smog check program relies exclusively on OBD II system
inspections for 1996 and newer vehicles.
c) Sierra Research-A Check on Smog Check . Operating under
a contract with ARB, Sierra Research, Inc. conducted an
analysis of the Smog Check program. Using data collected
from 2003 to 2006, Sierra observed roadside emission
inspection results for 1976-95 model year vehicles, which
are not equipped with OBD II. Sierra then compared these
results to inspection results for the same vehicles as
reported by Smog Check stations. Of the vehicles sampled,
19% passed a tailpipe inspection at a licensed Smog Check
station, but failed a roadside audit inspection within a
year. In addition, Sierra found 49% of vehicles sampled
that failed a roadside audit inspection had failed, and
then subsequently passed, a tailpipe inspection at a Smog
Check station within the past year. Sierra did not attempt
to explain the discrepancy between the roadside test
results and the Smog Check station test results. However,
Sierra noted that if Smog Check stations were to achieve
emissions test results in keeping with the observed
roadside test results, vehicle emissions avoided because of
the Smog Check program would increase by 30%.
3)Support . This bill is supported by ARB, BAR, and a numerous
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environmental health organizations, who contend it will reduce
costs to consumers and improve air quality.
4)Opposition . The bill is opposed by California Emissions
Testing Industries and several other industry groups. These
opponents contend this bill:
a) Causes the loss of over 5,000 jobs and millions of
dollars in economic activity.
b) Ends the separation of Smog Check testing from vehicle
repair, thereby threatening the livelihood of test-only
center operators whose specialize businesses are not
equipped to compete with full-service Smog Check centers.
c) Threatens the integrity of the Smog Check program
because of the unreliability of OBD II test results.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081