BILL NUMBER: AB 550	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Waldron

                        FEBRUARY 23, 2015

   An act to  amend Section 44002 of   add
Section 44011.7 to  the Health and Safety Code, relating to
vehicular air pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 550, as amended, Waldron. Smog  check.  
check: exemption: fee.  
   Existing law establishes a motor vehicle inspection and
maintenance program, commonly known as smog check, that is
administered by the Department of Consumer Affairs. The smog check
program requires inspection of motor vehicles upon initial
registration, biennially upon renewal of registration, upon transfer
of ownership, and in certain other circumstances. Existing law
exempts specified vehicles from being inspected biennially upon
renewal of registration, including, among others, all motor vehicles
manufactured prior to the 1976 model-year. Existing law establishes
an annual smog abatement fee for specified motor vehicles exempt from
being inspected biennially upon renewal of registration.  
   Existing law establishes the Air Quality Improvement Program that
is administered by the State Air Resources Board for the purposes of
funding projects related to, among other things, reduction of
criteria air pollutants and improvement of air quality. Existing law
requires, until January 1, 2024, that a portion of the registration
fees for motor vehicles and vessels be deposited into the Air Quality
Improvement Fund and, upon appropriation, be expended for the
implementation of the program. Existing law specifies the types of
projects that are eligible to receive funding under the program.
 
   This bill would allow an owner of a motor vehicle that is subject
to the smog check program to pay a $200 smog abatement fee in lieu of
passing a smog test if the motor vehicle meets specified criteria.
The bill would require the fee to be deposited in the Air Quality
Improvement Fund. 
   Existing law establishes a motor vehicle inspection and
maintenance (smog check) program that is administered by the
Department of Consumer Affairs. The smog check program requires
inspection of motor vehicles upon initial registration, biennially
upon renewal of registration, upon transfer of ownership, and in
certain other circumstances. Existing law vests with the department
the sole and exclusive authority within the state for developing and
implementing the smog check program, as specified.  

   This bill would make technical, nonsubstantive changes to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 44011.7 is added to the 
 Health and Safety Code   , to read:  
   44011.7.  (a) The owner of a motor vehicle that is required to
obtain a certificate of compliance pursuant to Section 44011 may
elect to pay a smog abatement fee of two hundred dollars ($200) if
the motor vehicle meets all of the following criteria:
   (1) Is 30 or more model-years old.
   (2) Was manufactured during or after the 1976 model-year.
   (3) Fails a smog test required pursuant to this chapter.
   (4) Fails a subsequent smog test after necessary repairs were
made.
   (b) Payment of the smog abatement fee established pursuant to this
section shall be made to the Department of Motor Vehicles at the
time of the registration of the motor vehicle.
   (c) Fees collected pursuant to this section shall be deposited in
the Air Quality Improvement Fund created by Section 44274.5. 

  SECTION 1.    Section 44002 of the Health and
Safety Code is amended to read:
   44002.  (a) The department shall have the sole and exclusive
authority within the state for developing and implementing the motor
vehicle inspection program in accordance with this chapter.
    (b) For the purposes of the administration and enforcement of
this chapter, the department, and the director, officers, and
employees of the department, shall have all the powers and authority
granted under Division 1 (commencing with Section 100) and Division
1.5 (commencing with Section 475) and Chapter 20.3 (commencing with
Section 9880) of Division 3 of the Business and Professions Code and
under Division 33 (commencing with Section 3300) of Title 16 of the
California Code of Regulations. Inspections and repairs performed
pursuant to this chapter, in addition to meeting the specific
requirements imposed by this chapter, shall also comply with all
requirements imposed pursuant to Division 1 (commencing with Section
100) and Division 1.5 (commencing with Section 475) and Chapter 20.3
(commencing with Section 9880) of Division 3 of the Business and
Professions Code and Division 33 (commencing with Section 3300) of
Title 16 of the California Code of Regulations.