BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1858


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1858 (Santiago)


          As Amended  August 15, 2016


          Majority vote


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          |ASSEMBLY:  |78-0  |(June 1, 2016) |SENATE: |39-0  |(August 17,      |
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          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.








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          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  








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            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,  








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          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.










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          Analysis Prepared by:                                             
                          Justin Behrens / TRANS. / (916) 319-2093  FN:  
          0004449