BILL NUMBER: SB 206	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Gaines

                        FEBRUARY 11, 2015

   An act to add Section 43003 to the Health and Safety Code,
relating to  vehicles.   vehicular air
pollution. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 206, as amended, Gaines. On-board diagnostic systems.
   Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources. Existing law generally designates the State Air
Resources Board as the state agency with the primary responsibility
for the control of vehicular air pollution. Existing law requires the
state board to adopt and implement motor vehicle emission standards,
in-use performance standards, and motor vehicle fuel specifications
for the control of air contaminants, including standards for off-road
and nonvehicle engine categories.
   This bill would prohibit the state board  , and any other
state agency,  from obtaining information from a motor
vehicle's on-board diagnostic  system unless the registered
owner of the motor vehicle has provided written consent for the
collection of that information. The bill would require the state
board to develop a system through which a registered motor vehicle
owner may electronically provide his or her consent, to maintain a
database of those consenting registered motor vehicle owners, and to
develop a form for registered motor vehicle owners to remove
themselves from the database.   system.  The bill
would provide that these provisions do not apply to the motor vehicle
inspection and maintenance program, commonly known as smog check.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 43003 is added to the Health and Safety Code,
to read:
   43003.  (a) The state board  , and any other state agency,
 shall not obtain information from a motor vehicle's
on-board diagnostic  system unless the registered owner of
the motor vehicle has provided written consent for the collection of
that information.   system.  
   (b) The state board shall do all of the following: 

   (1) Develop a system through which a registered motor vehicle
owner may electronically provide his or her consent pursuant to
subdivision (a).  
   (2) Maintain a database of those registered motor vehicle owners
who have provided their consent pursuant to subdivision (a).
 
   (3) Develop a form for registered motor vehicle owners to remove
themselves from the database.  
   (c) 
    (b)  This section does not apply to Chapter 5
(commencing with Section 44000).