BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
2289 (Eng)
Hearing Date: 08/09/2010 Amended: 08/02/2010
Consultant: Mark McKenzie Policy Vote: BP&ED 5-2; T&H 7-2
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BILL SUMMARY: AB 2289 would revise procedures for the smog
check program to require testing of model year 2000 and newer
vehicles using onboard diagnostic systems (ODB-II) beginning
January 1, 2013, and provide for referee inspections for
vehicles that present prohibitive or unusual inspection
circumstances. The bill would require the Department of
Consumer Affairs (DCA) to establish inspection-based performance
standards that test-only and Gold Shield stations must meet to
issue certificates of compliance or non-compliance, and
prescribe a license suspension and appeals process for stations
not meeting the performance standards. The bill would also
revise enforcement provisions and penalties for smog check
stations and technicians who violate provisions of the smog
check program.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
DCA/ BAR regulations $75 $125 $50 Special*
BAR referee inspectionsall costs covered by inspection
feesSpecial*
Administrative penalties unknown, likely minor increase
in revenues Special**
ARB consultation minor and absorbable costs
Special**
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* Vehicle Inspection and Repair Fund (VIRF)
** High Polluter Repair or Removal Account in the VIRF
*** Air Pollution Control Fund
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STAFF COMMENTS:
The Bureau of Automotive Repair (BAR) within DCA administers
California's smog check program, which began in 1982. Existing
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. All vehicles 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. The smog check program requires both a tailpipe
emissions test and a visual inspection, which includes
inspection of a vehicle's OBD II system, for vehicles with a
model year of 1996 or newer. Federal law requires all newer
vehicles to include an OBD II system, which monitors the
performance of the vehicle's emission control systems. BAR
anticipates that OBD II-only testing will reduce the cost of
inspections from an average of about $48 today to around $20 for
consumers.
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AB 2289 (Eng)
This bill would require BAR and DCA to adopt regulations for
revised testing procedures that allow for OBD-II testing and
identifying vehicles that present prohibitive and unusual
inspection circumstances, to establish inspection-based
performance standards for evaluating testing stations, and for
the revised and expanded enforcement provisions. BAR indicates
that it has permanent staff in place to address any new
requirements for adopting regulations, and that any costs
related to updating or adopting regulations related to this bill
would be absorbable. Staff estimates, however that the new
workload created by this bill would impose staffing costs in the
range of $250,000 over several years, some of which may not be
absorbable. For instance, BAR would be required to have a "real
time" computer program in place by 2013 that would identify
irregularities and excessive variances in testing and adopt
procedures for handling those vehicles, BAR would be required to
establish performance-based inspection standards for evaluating
smog check stations and notify testing stations of those
standards by January 1, 2012, and BAR would need to adopt
regulations for the procedures and penalties related to the
revised enforcement provisions.
The California Air Resources Board would coordinate with BAR on
the adoption of revised testing procedures. ARB indicates that
any costs associated with coordination with BAR would be
absorbable, and consistent with its current level of
consultation.
The bill also requires an annual evaluation of the performance
of the smog check program by BAR, in cooperation with the ARB,
using data collected from a roadside audit program, beginning
July 1, 2011. BAR indicates that any costs to do the annual
report would be absorbable.
Any penalty revenue derived from enhanced administrative fines
would be deposited into the High-Polluter Repair or Removal
Account within the Vehicle Inspection and Repair Fund. These
revenues are not anticipated to be significant.