Senate BillNo. 1239


Introduced by Senator Gaines

February 18, 2016


An act to amend Section 44011 of the Health and Safety Code, relating to vehicular air pollution.

LEGISLATIVE COUNSEL’S DIGEST

SB 1239, as introduced, Gaines. Smog check: exemptions.

Existing law establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year.

This bill would exempt all motor vehicles manufactured prior to the 1981 model year from the biennial smog-check inspections.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 44011 of the Health and Safety Code is
2amended to read:

3

44011.  

(a) All motor vehicles powered by internal combustion
4engines that are registered within an area designated for program
5coverage shall be required biennially to obtain a certificate of
6compliance or noncompliance, except for the following:

P2    1(1) All motorcycles until the department, pursuant to Section
244012, implements test procedures applicable to motorcycles.

3(2) All motor vehicles that have been issued a certificate of
4compliance or noncompliance or a repair cost waiver upon a change
5of ownership or initial registration in this state during the preceding
6six months.

7(3) All motor vehicles manufactured prior to the begin delete1976
8 model-year.end delete
begin insert 1981 model year.end insert

9(4) (A) Except as provided in subparagraph (B), all motor
10vehicles four or less model-years old.

11(B) Beginning January 1, 2005, all motor vehicles six or less
12model-years old, unless the state board finds that providing an
13exception for these vehicles will prohibit the state from meeting
14the requirements of Section 176(c) of the federal Clean Air Act
15(42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with
16respect to the state implementation plan required by the federal
17Clean Air Act.

18(C) All motor vehicles excepted by this paragraph shall be
19subject to testing and to certification requirements as determined
20by the department, if any of the following apply:

21(i) The department determines through remote sensing activities
22or other means that there is a substantial probability that the vehicle
23has a tamperedbegin delete emissionend deletebegin insert emissionsend insert control system or would fail
24for other cause a smog check test as specified in Section 44012.

25(ii) The vehicle was previously registered outside this state and
26is undergoing initial registration in this state.

27(iii) The vehicle is being registered as a specially constructed
28vehicle.

29(iv) The vehicle has been selected for testing pursuant to Section
3044014.7 or any other provision of this chapter authorizing
31out-of-cycle testing.

32(D) This paragraph does not apply to diesel-powered vehicles.

33(5) In addition to the vehicles exempted pursuant to paragraph
34(4), any motor vehicle or class of motor vehicles exempted pursuant
35to subdivision (c) of Section 44024.5. It is the intent of the
36Legislature that the department, pursuant to the authority granted
37by this paragraph, exempt at least 15 percent of the lowest emitting
38motor vehicles from the biennial smog check inspection.

39(6) All motor vehicles that the department determines would
40present prohibitive inspection or repair problems.

P3    1(7) Any vehicle registered to the owner of a fleet licensed
2pursuant to Section 44020 if the vehicle is garaged exclusively
3outside the area included in program coverage, and is not primarily
4operated inside the area included in program coverage.

5(8) (A) All diesel-powered vehicles manufactured prior to the
61998begin delete model-year.end deletebegin insert model year.end insert

7(B) All diesel-powered vehicles that have a gross vehicle weight
8rating of 8,501 to 10,000 pounds, inclusive, until the department,
9in consultation with the state board, pursuant to Section 44012,
10implements test procedures applicable to these vehicles.

11(C) All diesel-powered vehicles that have a gross vehicle weight
12rating from 10,001 pounds to 14,000 pounds, inclusive, until the
13state board and the Department of Motor Vehicles determine the
14best method for identifying these vehicles, and until the department,
15in consultation with the state board, pursuant to Section 44012,
16implements test procedures applicable to these vehicles.

17(D) All diesel-powered vehicles that have a gross vehicle weight
18rating of 14,001 pounds or greater.

19(b) Vehicles designated for program coverage in enhanced areas
20shall be required to obtain inspections from appropriate smog
21check stations operating in enhanced areas.

22(c) For purposes of subdivision (a), a collector motor vehicle,
23as defined in Section 259 of the Vehicle Code, is exempt from
24those portions of the test required by subdivision (f) of Section
2544012 if the collector motor vehicle meets all of the following
26criteria:

27(1) Submission of proof that the motor vehicle is insured as a
28collector motor vehicle, as shall be required by regulation of the
29bureau.

30(2) The motor vehicle is at least 35 model-years old.

31(3) The motor vehicle complies with the exhaust emissions
32standards for that motor vehicle’s class andbegin delete model-yearend deletebegin insert model
33year,end insert
as prescribed by the department, and the motor vehicle passes
34a functional inspection of the fuel cap and a visual inspection for
35liquid fuel leaks.



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