BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 1858           Hearing Date:    6/28/2016
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          |Author:   |Santiago                                              |
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          |Version:  |5/27/2016                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Erin Riches                                           |
          |:         |                                                      |
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          SUBJECT:  Automobile dismantling:  task force


            DIGEST:  This bill requires the state Department of Motor  
          Vehicles (DMV) to establish an Unlicensed Automobile Dismantling  
          Task Force to investigate occurrences of unlicensed automobile  
          dismantling.

          ANALYSIS:
          
          Existing law:

          1)Defines an automobile dismantler as a person who dismantles  
            three or more personal vehicles within any 12-month period.  

          2)Requires a person to have an established place of business,  
            and have procured a license or temporary permit from the DMV,  
            prior to acting as a dismantler.

          3)Requires an applicant for an automobile dismantler license to  
            provide to the DMV, along with the application, information  
            relating to the applicant's "character, honesty, integrity,  
            and reputation, as the department may consider necessary."  

          4)Requires an applicant to provide identification numbers  
            related to the Board of Equalization (BOE), California  
            Environmental Protection Agency (Cal EPA), and Franchise Tax  
            Board, as well as indication of whether stormwater and other  
            specified permits are required and have been acquired. 








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          5)Requires a licensed automobile dismantler to meet certain  
            requirements, such as mailing a notice of acquisition of a  
            vehicle to the Department of Justice and not commencing to  
            dismantle the vehicle until 10 calendar days after this notice  
            has been mailed.  

          6)Requires the California Highway Patrol to inspect vehicles  
            previously declared a total loss during the dismantling  
            process when such vehicles are later presented to the DMV for  
            registration after reconstruction.

          This bill:

          1)Requires DMV to establish an Unlicensed Automobile Dismantling  
            Task Force (Task Force) comprised of representatives of the  
            DMV, the BOE, and Cal EPA.  

          2)Requires the Task Force to collaborate to investigate  
            occurrences of unlicensed automobile dismantling, including  
            resulting tax evasion and environmental damage.  

          3)Requires the Task Force to submit a report to the Legislature  
            by March 1, 2018, including:

              a)    The number of leads or complaints investigated by the  
                Task Force
              b)    The number of complaints investigated and the number  
                resulting in a civil action or criminal prosecution
              c)    Recommendations for modifying, eliminating, or  
                continuing Task Force activities
              d)    Recommendations for statutory or regulatory changes,  
                or both, needed to better allow for enforcement against  
                unlicensed dismantlers

          4)Sunsets the provisions of this bill on January 1, 2019.

          COMMENTS:

          1)Purpose.  The author states that the licensed automobile  
            dismantling industry estimates that at least 30% of the 1.2  
            million end-of-life vehicles in California each year are  
            acquired by unlicensed and unregulated dismantlers.  These  
            360,000 vehicles represent nearly two million tires and two  
            million gallons of hazardous fluids.  The author states that  
            California has lost approximately 40 licensed dismantlers per  








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            year for the past four years.  This is representative of a  
            historical decline over the past decade that is attributed to  
            the growing costs and regulatory advantage that unlicensed  
            dismantlers enjoy over licensed dismantlers, forcing good  
            actors to either go out of business or go "underground" and  
            operate on an unlicensed basis.  The author states that this  
            bill is a first step toward addressing this issue by requiring  
            three agencies to work together to find a solution.

          2)Addressing a growing problem.  The State of California Auto  
            Dismantlers Association (SCADA), co-sponsor of this bill,  
            states that licensed dismantlers must meet a variety of  
            requirements, such as operating in proper structures,  
            obtaining appropriate permits, maintaining expensive  
            depolluting equipment, and tracking hazardous materials.   
            According to SCADA, unlicensed dismantlers commit activities  
            that violate a variety of laws, regulations, and tax rules on  
            a daily basis, including illegal dumping and disposal, paying  
            employees in cash, violating vehicle export laws, and  
            transporting stolen property, among others.  SCADA states that  
            this bill will help put pressure on unlicensed dismantlers and  
            potentially make them "second-guess whether it's worth the  
            consequences of getting caught."  The BOE, also a co-sponsor  
            of this bill, states that combining efforts with the DMV and  
            Cal EPA will enable the BOE to benefit from those agencies'  
            unique perspectives and help BOE develop new methods to  
            investigate and reduce tax evasion by this specific segment of  
            the underground economy.

          3)Future amendments.  The author's office is working with Cal  
            EPA and other stakeholders to fine-tune the language of this  
            bill to more specifically detail the duties of the Task Force.  
             Negotiations were not complete as of this writing so the  
            author plans to amend the bill when it reaches the  
            Appropriations Committee to address stakeholder concerns.

          Assembly Votes:
               Floor:78-0
               Appr:20-0
               Trans:16-0
          
          Related Legislation:
          
          AB 576 (V. Manuel Perez, Chapter 614, Statutes of 2013) -  
          established a pilot program to create the Revenue Recovery and  








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          Collaborative Enforcement Team, comprised of specified agencies,  
          to collaborate in combating criminal tax evasion associated with  
          the underground economy.

          AB 805 (Fuentes, Chapter 475, Statutes of 2009) - required the  
          DMV to investigate and verify all information submitted on an  
          application for an automobile dismantler's original or renewal  
          license.  

          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          June 22, 2016.)
          SUPPORT:  

          State Board of Equalization (co-sponsor)
          State of California Auto Dismantlers Association (co-sponsor)
          Association of Deputy District Attorneys
          Association of Los Angeles Deputy Sheriffs
          Auto Dismantlers of Southern California
          Automotive Recyclers Association
          California Association of Code Enforcement Officers
          California Association of Environmental Health Administrators 
          California Coastkeeper Alliance
          Californians Against Waste
          Coalition for Clean Air
          IKQ Corporation
          Institute of Scrap Recycling Industries, West Coast Chapter
          Los Angeles Police Protective League
          Pick-N-Pull
          Riverside Sheriffs Association
          San Diego County Auto Recyclers Association
          Schnitzer Steel Industries 
          Valley Auto Dismantlers Association

          OPPOSITION:

          None received

          
          









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