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 ----------------------------------------------------------------- |Author: |Santiago | |----------+------------------------------------------------------| |Version: |5/27/2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Erin Riches | |: | | ----------------------------------------------------------------- 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. AB 1858 (Santiago) Page 2 of ? 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 AB 1858 (Santiago) Page 3 of ? 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 AB 1858 (Santiago) Page 4 of ? 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 AB 1858 (Santiago) Page 5 of ? -- END --