BILL NUMBER: AB 1858 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
INTRODUCED BY Assembly Member Santiago
FEBRUARY 10, 2016
An act to add and repeal Section 11545 of the Vehicle Code,
relating to vehicle dismantling.
LEGISLATIVE COUNSEL'S DIGEST
AB 1858, as amended, Santiago. Automobile dismantling: task force.
Existing law establishes the Department of Motor Vehicles, the
State Board of Equalization, and the California Environmental
Protection Agency, and prescribes the powers and duties of those
state agencies. Under existing law, it is unlawful for any person to
act as an automobile dismantler without having an established place
of business, meeting specified requirements, and having a current,
valid license or temporary permit issued by the Department of Motor
Vehicles.
This bill would, until January 1, 2019,
2020, require the department to establish an
Unlicensed Automobile Dismantling Task Force comprised of
representatives of the department, the State Board of Equalization,
and the California Environmental Protection Agency. The bill would
require the task force to collaborate to investigate the occurrences
of unlicensed vehicle dismantling in violation of those provisions,
including resulting tax evasion and environmental damage.
collaborate with the State Board of Equalization, the California
Environmental Protection Agency, the Department of Toxic Substances
Control, the State Water Resources Control Board, the Department of
Resources Recycling and Recovery, and the State Air Resources Board
to review and coordinate enforcement and compliance activity related
to unlicensed, unregulated, and underground automobile dismantling,
including resulting tax evasion, environmental impacts, and public
health impacts. The bill would require the task force,
department, in consultation with those agencies,
on or before March 1, 2018, January 1,
2019, to submit a report to the Legislature including specified
information pertaining to the task force's activities.
information. The bill would state related
findings and declarations of the Legislature.
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. The Legislature finds and declares the following:
(a) Automobile dismantlers are occupationally licensed by the
Department of Motor Vehicles to provide an essential service that
directly addresses society's increasing challenge of what to do with
end-of-life vehicles.
(b) Automobile dismantlers face an array of costly yet necessary
requirements to properly process end-of-life vehicles, including, but
not limited to, safely removing and recycling unused gasoline, brake
fluid, engine oil, transmission fluid, antifreeze, catalytic
converters, tires, mercury switches, lead acid
batteries, and freon.
(c) Automobile dismantlers are small and medium sized businesses
regulated by over a dozen state, local, and federal agencies with
jurisdiction over water quality, hazardous materials, air quality,
worker safety, payment of taxes, and vehicle titling requirements.
(d) Unlicensed automobile dismantlers operate in the
underground economy and do not face the same
comply with the licensing requirements, environmental
regulatory requirements, insurance obligations, workplace safety
requirements, and tax liability as required by law for
that licensed automobile dismantlers.
dismantlers comply with.
(e) The impact of unlicensed and unregulated automobile
dismantling and limited enforcement activity has led to alack of
compliance with dismantler laws, environmental requirements, and
payment of taxes.
(f)
(e) It is the intent of the Legislature to enact
legislation to establish a multiagency task force
require state agencies to collaborate in combating
unlicensed and unregulated unlicensed,
unregulated, and underground automobile dismantling for the
purposes of investigating environmental quality issues and tax
evasion that are occurring as a result of this activity and the lack
of enforcement.
SEC. 2. Section 11545 is added to the Vehicle Code, to read:
11545. (a) The department shall establish an Unlicensed
Automobile Dismantling Task Force comprised of representatives of the
department, the State Board of Equalization, and the California
Environmental Protection Agency. collaborate with the
State Board of Equalization, the California Environmental Protection
Agency, the Department of Toxic Substances Control, the State Water
Resources Control Board, the Department of Resources Recycling and
Recovery, and the State Air Resources Board to review and coordinate
enforcement and com pliance activity related to
unlicensed, unregulated, and underground automobile
dismantling, including resulting tax evasion, environmental impacts,
and public health impacts.
(b) The task force shall collaborate to investigate the
occurrences of unlicensed automobile dismantling in violation of this
chapter, including resulting tax evasion and environmental damage.
(b) The State Board of Equalization, the California Environmental
Protection Agency, the Department of Toxic Substances Control, the
State Water Resources Control Board, the Department of Resources
Recycling and Recovery, and the State Air Resources Board shall
provide enforcement and the necessary resources to the department for
the investigation and reporting of the activities outlined in this
section.
(c) The department, along with the agencies listed in subdivision
(a), may collaborate with and solicit information from district
attorneys, certified unified program agencies, code enforcement
agencies, and any other federal, state, or local agencies with
jurisdictions over unlicensed, unregulated, and underground
automobile dismantlers to achieve the purposes of this section.
(d) The department, in consultation with the agencies listed in
subdivision (a), shall establish a public outreach effort for
soliciting referrals from the public, including, but not limited to,
an advertised telephone hotline lead, referral form, and other
methods to identify and report unlicensed activity.
(c)
(e) (1) On or before March 1, 2018, the task
force January 1, 2019, the department, in
collaboration with the State Board of Equalization, the California
Protection Agency, the Department of Toxic Substances Control, the
State Water Resources Control Board, the Department of Resources
Recycling and Recovery, and the State Air Resources Board,
shall submit a report to the Legislature including the
following information: including, but not limited to,
the following:
(A) The number of leads or complaints received by the task force.
(B)
(A) The number of complaints
unlicensed dismantlers investigated and complaints
the number of investigations that resulted in
an administrative enforcement action, a civil
action enforcement action, or criminal
prosecution.
(B) Any identified statutory or regulatory gaps for investigating
and prosecuting unlicensed automobile dismantlers.
(C) Information on how vehicles are acquired by unlicensed
dismantlers, places where unlicensed activity is suspected or known
to occur, and the types of facilities where unlicensed activity tends
to occur.
(D) A summary of the barriers to adequate and efficient
enforcement of environmental, tax, and licensing statutes and
regulations against unlicensed dismantlers.
(E) Proposed strategies for bringing unlicensed dismantlers into
compliance through compliance assistance, education and training, or
other identified methods.
(C)
(F) Recommendations for modifying, eliminating, or
continuing the task force's activities.
coordinated enforcement and compliance activities pursuant to this
section.
(D)
(G) Recommendations for statutory or regulatory
changes, or both, needed to better allow for enforcement against
unlicensed automobile dismantlers.
(2) The report required by this subdivision shall be submitted to
the Legislature pursuant to Section 9795 of the Government Code.
(d)
(f) This section shall remain in effect only until
January 1, 2019, 2020, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2019, 2020, deletes
or extends that date.