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, 2020, require the department to 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 tobegin delete unlicensed, unregulated, and undergroundend deletebegin insert unlicensed and unregulatedend insert automobile dismantling, including resulting tax evasion, environmental impacts, and public health impacts. The bill would require the department, in consultation with those agencies, on or before January 1, 2019, to submit a report to the Legislature including specified 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:
The Legislature finds and declares the following:
2(a) Automobile dismantlers are occupationally licensed by the
3Department of Motor Vehicles to provide an essential service that
4directly addresses society’s increasing challenge of what to do
5with end-of-life vehicles.
6(b) Automobile dismantlers face an array of costly yet necessary
7requirements to properly process end-of-life vehicles, including,
8but not limited to, safely removing and recycling unused gasoline,
9brake fluid, engine oil, transmission fluid, antifreeze, catalytic
10converters, tires, mercury switches, lead acid batteries, and
freon.
11(c) Automobile dismantlers arebegin delete small and medium sizedend deletebegin insert small-
12and medium-sizedend insert businesses regulated by over a dozen state, local,
13and federal agencies with jurisdiction over water quality, hazardous
14materials, air quality, worker safety, payment of taxes, and vehicle
15titling requirements.
16(d) Unlicensed automobile dismantlers operate in the
17underground economy and do not comply with the licensing
18requirements, environmental regulatory requirements, insurance
19obligations, workplace safety requirements, and tax liability that
20licensed automobile dismantlers comply with.
21(e) It is the intent of the Legislature to enact legislation to require
22state agencies to collaborate in combatingbegin delete unlicensed, unregulated, begin insert
unlicensed and unregulatedend insert automobile
23and undergroundend delete
24dismantling for the
purposes of investigating environmental quality
25issues and tax evasion that are occurring as a result of this activity
26and the lack of enforcement.
Section 11545 is added to the Vehicle Code, to read:
(a) The department shall collaborate with the State
29Board of Equalization, the California Environmental Protection
P3 1Agency, the Department of Toxic Substances Control, the State
2Water Resources Control Board, the Department of Resources
3Recycling and Recovery, and the State Air Resources Board to
4review and coordinate enforcement and compliance activity related
5tobegin delete unlicensed, unregulated, and undergroundend deletebegin insert unlicensed and
6unregulatedend insert automobile dismantling, including resulting tax
7evasion, environmental impacts, and public health impacts.
8(b) The State Board of Equalization, the California
9Environmental Protection Agency, the Department of Toxic
10Substances Control, the State Water Resources Control Board, the
11Department of Resources Recycling and Recovery, and the State
12Air Resources Board shall provide enforcement and the
necessary
13resources to the department for the investigation and reporting of
14the activities outlined in this section.
15(c)
end delete
16begin insert(bend insertbegin insert)end insert The department, along with the agencies listed in subdivision
17(a), may collaborate with and solicit information from district
18attorneys, certified unified program agencies, code enforcement
19agencies, and any other federal, state, or local agencies with
20jurisdictions overbegin delete unlicensed, unregulated, and undergroundend delete
21begin insert
unlicensed and unregulatedend insert automobile dismantlers to achieve the
22purposes of this section.
23(d) The department, in consultation with the agencies listed in
24subdivision (a), shall establish a public outreach effort for soliciting
25referrals from the public, including, but not limited to, an advertised
26telephone hotline lead, referral form, and other methods to identify
27and report unlicensed activity.
28(e)
end delete
29begin insert(end insertbegin insertc)end insert (1) On or before January 1, 2019, the department, in
30collaboration with the State Board of Equalization, the California
31begin insert Environmentalend insert Protection Agency, the Department of Toxic
32Substances Control, the State Water Resources Control Board, the
33Department of Resources Recycling and Recovery, and the State
34Air Resources Board, shall submit a report to the Legislature
35including, but not limited to, the following:
36(A) The number of unlicensed dismantlers investigated and the
37number of investigations that resulted in an administrative
38enforcement action, a civil enforcement action, or criminal
39prosecution.
P4 1(B) Any identified statutory or regulatory gaps
for investigating
2and prosecuting unlicensed automobile dismantlers.
3(C) Information on how vehicles are acquired by unlicensed
4dismantlers, places where unlicensed activity is suspected or known
5
to occur, and the types of facilities where unlicensed activity tends
6to occur.
7(D) A summary of the barriers to adequate and efficient
8enforcement of environmental, tax, and licensing statutes and
9regulations against unlicensed dismantlers.
10(E) Proposed strategies for bringing unlicensed dismantlers into
11compliance through compliance assistance, education and training,
12or other identified methods.
13(F) Recommendations for modifying, eliminating, or continuing
14the coordinated enforcement and compliance activities pursuant
15to this section.
16(G) Recommendations for statutory or regulatory changes, or
17both, needed to better allow for enforcement
against unlicensed
18automobile dismantlers.
19(2) The report required by this subdivision shall be submitted
20to the Legislature pursuant to Section 9795 of the Government
21Code.
22(f)
end delete
23begin insert(end insertbegin insertd)end insert This section shall remain in effect only until January 1,
2020,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before January 1, 2020, deletes or extends that date.
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