BILL NUMBER: SB 435	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Pavley

                        FEBRUARY 26, 2009

   An act to amend  Section 44011   Sections
44010.5, 44011, and 44012  of, and to add Section 44012.5 to,
the Health and Safety Code,  and to amend Section 4000.1 of the
Vehicle Code,   relating to air pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 435, as amended, Pavley. Smog check program: motorcycles.

   Existing 
    (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 motor vehicles upon registration, biennially upon
renewal of registration, upon transfer of ownership, and in certain
other circumstances. Existing law exempts from biennial inspection
all motorcycles until the department implements test procedures
applicable to motorcycles. Violations of smog check requirements are
a crime.
   This bill would require the department to include  Class III
 model-year 2000 and newer motorcycles in the smog check program
beginning January 1, 2012.
   Because violations of smog checks for motorcycles would be a
crime, this bill would impose a state-mandated local program. 
   The bill would make various conforming, clarifying, and technical
changes to the smog check program. 
   (2) 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.
   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 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 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.
   (d) Vehicles that are  not   neither 
diesel-powered  nor motorcycles  in the enhanced program
area  which   and that  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  and motorcycles 
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.
   () 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 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.
   SECTION 1.   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 manufactured prior to the 2000 model-year.
 
   (1) All motorcycles not subject to inspection pursuant to Section
44012.5. 
   (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) All motor vehicles manufactured prior to the 1976 model-year.
   (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 or
motorcycles.
   (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   14,000
 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   14,001  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.
   SEC. 3.    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 require, at a minimum, for all vehicles that
are  not   neither  diesel-powered 
nor motorcycles  , 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) 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. 2.   SEC. 4.   Section 44012.5 is
added to the Health and Safety Code, to read:
   44012.5.   (a)    Beginning January 1, 2012, the
department shall include model-year 2000 and newer  Class III
 motorcycles, registered for on-road use in California, in the
inspection and maintenance program established pursuant to this
chapter. The department, in cooperation with the state board, shall
adopt regulations to implement this section, including prescribing
test procedures for motorcycles  ,  by July 1, 2011. 
   (b) Motorcycles subject to testing under this section shall be
inspected using appropriate procedures as determined by the
department in consultation with the state board.  
   (c) As used in this section, "Class III motorcycle" means a
motorcycle containing an engine with a displacement of 280 cubic
centimeters or greater. 
   SEC. 5.    Section 4000.1 of the   Vehicle
Code   is amended to read: 
   4000.1.  (a) Except as otherwise provided in subdivision (b), (c),
or (d) of this section, or subdivision (b) of Section 43654 of the
Health and Safety Code, the department shall require upon initial
registration, and upon transfer of ownership and registration, of any
motor vehicle subject to Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code, a valid certificate of
compliance or a certificate of noncompliance, as appropriate, issued
in accordance with Section 44015 of the Health and Safety Code.
   (b) With respect to new motor vehicles certified pursuant to
Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of
the Health and Safety Code, the department shall accept a statement
completed pursuant to subdivision (b) of Section 24007 in lieu of the
certificate of compliance.
   (c) For purposes of determining the validity of a certificate of
compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
   (d) Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
   (1) The initial application for transfer is submitted within the
90-day validity period of a smog certificate as specified in Section
44015 of the Health and Safety Code.
   (2) The transferor is the parent, grandparent, sibling, child,
grandchild, or spouse of the transferee.
   (3) A motor vehicle registered to a sole proprietorship is
transferred to the proprietor as owner.
   (4) The transfer is between companies the principal business of
which is leasing motor vehicles, if there is no change in the lessee
or operator of the motor vehicle or between the lessor and the person
who has been, for at least one year, the lessee's operator of the
motor vehicle.
   (5) The transfer is between the lessor and lessee of the motor
vehicle, if there is no change in the lessee or operator of the motor
vehicle.
   (6) The motor vehicle was manufactured prior to the 1976
model-year.
   (7)  Beginning January 1, 2005, the   The
 transfer is for a motor vehicle  that is  four
or less model-years old  that is neither diesel-powered nor a
motorcycle  . The department shall impose a fee of eight dollars
($8) on the transferee of a motor vehicle  that is four or
less model-years old   that is exempt from subdivision
(a) pursuant to this paragraph  . Revenues generated from the
imposition of that fee shall be deposited into the Vehicle Inspection
and Repair Fund.
   (e) The State Air Resources Board, under Part 5 (commencing with
Section 43000) of Division 26 of the Health and Safety Code, may
exempt designated classifications of motor vehicles from subdivision
(a) as it deems necessary, and shall notify the department of that
action.
   (f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the motor
vehicle.
   (g) For purposes of subdivision (a), any collector motor vehicle,
as defined in Section 259, is exempt from those portions of the test
required by subdivision (f) of Section 44012 of the Health and Safety
Code, 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   Bureau of Automotive Repair  .
   (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   Department of Consumer
Affairs  , and the motor vehicle passes a functional inspection
of the fuel cap and a visual inspection for liquid fuel leaks.
   SEC. 3.   SEC. 6.   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.