BILL ANALYSIS Ó AB 1858 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1858 (Santiago) As Amended August 15, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(June 1, 2016) |SENATE: |39-0 |(August 17, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: TRANS. SUMMARY: Requires the Department of Motor Vehicles (DMV) to collaborate with the State Board of Equalization (BOE), the California Environmental Protection Agency (CalEPA), 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 automobile dismantling, as specified, and to report specified findings to the Legislature by January 1, 2019. The Senate amendments: 1)Delete the requirement that DMV establish an Unlicensed Automobile Dismantling Task Force and instead require DMV to collaborate with the above named agencies to investigate unlicensed automobile dismantling. AB 1858 Page 2 2)Authorize DMV and the above named agencies to 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 and unregulated automobile dismantlers to achieve the purposes of this bill. 3)Delete the requirement that DMV report on the number of leads or complaints received and instead report on the following: the number of unlicensed dismantlers investigated and the number of investigations that resulted in enforcement action or criminal prosecution; any identified statutory or regulatory gaps for investigating and prosecuting unlicensed dismantlers; information on how vehicles are acquired by unlicensed dismantlers and places where unlicensed activity occurs; a summary of the barriers to the adequate and efficient enforcement of environmental, tax, and licensing statutes and regulations against unlicensed dismantlers; and proposed strategies for bringing unlicensed dismantlers into compliance. 4)Extend the date DMV is required to report to the Legislature to January 1, 2019. 5)Make other minor and technical changes. EXISTING LAW: 1)Defines an "automobile dismantler," as a person who dismantles three or more personal vehicles within any 12-month period, and prohibits any person from acting as an automobile dismantler without first having procured a license or temporary permit issued by DMV. 2)Requires an applicant for an auto dismantler's license to AB 1858 Page 3 provide DMV with information as to his or her character, honesty, integrity, and reputation, as DMV may consider necessary. 3)Requires an applicant for a new license or the renewal of a license to submit certain BOE, CalEPA, and Franchise Tax Board identification numbers and other specific environmental and taxation-related information as part of the application, if the applicant is required by other provisions of law to have those specific permits, numbers, or plans. FISCAL EFFECT: According to the Assembly Appropriations Committee: 1)The DMV indicates it would redirect three investigative/supervisory staff to prepare and execute cases, receive training, oversee the task force, and report to the Legislature. BOE and CalEPA would similarly redirect existing investigative staff. 2)To the extent the task force reduces unlicensed dismantler activity, there would be increased state and local tax revenues. COMMENTS: Existing law requires an automobile dismantler to meet certain standards when applying for a license from DMV, including compliance with a number of environmental and standard taxation requirements. An automobile dismantler must hold a valid license from DMV in order to legally conduct business. Dismantlers process end-of-life vehicles by properly removing, recycling, or disposing of unused gasoline, and other fluids and chemicals, and ensuring that remaining metal and parts that cannot be resold are properly recycled. The disposal and recycling methods are consistent with the requirements imposed by the environmental permits a dismantler must obtain prior to being licensed by DMV. According to the author, 30% of end-of-life vehicles in California, or 360,000 vehicles per year, are being acquired and processed by unlicensed and unregulated dismantlers, AB 1858 Page 4 representing nearly 2 million tires and 2 million gallons of hazardous fluids annually. These transactions occur outside the existing legal and regulatory framework for automobile dismantlers, meaning unlicensed dismantlers are not necessarily complying with the environmental and tax requirements imposed on licensed dismantlers. The author contends that the drop in the number of licensed dismantlers in California from 1,236 to 1,072 in the past five years is attributable to the lower costs and ease of transactions associated with operating as an unlicensed dismantler. For example, an unlicensed dismantler can offer vehicle components for sale online, without complying with the restrictions placed on licensed dismantlers operating out of a physical storefront. The State of California Auto Dismantlers Association, the co-sponsor of this bill, estimates the amount of sales tax that is uncollected by the state at $100 million annually. This bill would direct DMV to collaborate with a number of environmental and tax collecting agencies for the purpose investigating the occurrences of underground, unlicensed automobile dismantling in violation of existing law, including resulting tax evasion and environmental damage. The author intends to make the issue of unlicensed dismantling a priority for DMV, BOE, and CalEPA in order to determine how extensive and harmful the practice truly is. While previous versions of this bill as passed by the Assembly required DMV to establish a task force to investigate unlicensed activity, the current version of the bill merely requires DMV to collaborate with specified agencies to investigate the activity and report back the Legislature. Please see the policy committee analysis for full discussion of this bill. AB 1858 Page 5 Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0004449