BILL ANALYSIS
SENATE RULES COMMITTEE AB 2795
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THIRD READING
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Bill No: AB 2795
Author: Oller (R), et al
Amended: 8/25/98 in Senate
Vote: 21
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All Committee Votes Not Relevant
SENATE FLOOR : 11-18, 8/24/98
AYES: Alpert, Ayala, Brulte, Burton, Calderon, Costa,
Craven, Dills, Greene, Hayden, Haynes, Hughes, Hurtt,
Johannessen, Johnson, Johnston, Karnette, Kelley, Knight,
Kopp, Leslie, Lewis, Lockyer, Maddy, McPherson, Monteith,
Mountjoy, O'Connell, Peace, Polanco, Rainey, Rosenthal,
Schiff, Sher, Solis, Thompson, Vasconcellos, Watson,
Wright
ASSEMBLY FLOOR : Not Relevant
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SUBJECT : Motor vehicles: smog check program
SOURCE : Author
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DIGEST : This bill makes various changes to the Vehicle
and Health and Safety Codes which would return the current
Motor Vehicle Inspection and Maintenance Program to the
program in operation prior to 1994. This program is
commonly referred to as "BAR-90." Specifically, this set of
amendments:
1.Repeals all Vehicle Code and Health and Safety Code
sections added to establish the "Smog Check II" program.
2.Retains requirements of the "BAR-90" Program, as the
program was constituted prior to 1994 amendments.
3.Repeals all references to enhanced areas, dynamometers,
gold shield stations, and test-only requirements.
4.Retains exemption provisions established in 1997, which
exempt from the program all vehicles manufactured prior
to the 1974 model year and all new vehicles for the first
four model years.
5.Retains the Low-Income Repair Assistance Program, but
removes all references to the "Smog Check II" Program.
6.Requires the Department of Motor Vehicles to notify
motorists of their right to have vehicles pre-tested,
pursuant to Section 44011.3 of the Health and Safety
Code.
7.Provides funding from Item 1111-001-0582 of the Budget
Act of 1998 for reimbursement of costs to smog check
station owners associated with complying with Bureau of
Automotive Repair regulations establishing the enhanced
program. Eligible costs, as determined by the Bureau,
would include equipment and installation costs incurred
through participation in the enhanced program.
Senate Floor Amendments of 8/25/98 delete urgency clause.
ANALYSIS : Existing law establishes a motor vehicle
inspection and maintenance (smog check) program,
administered by the State Department of Consumer Affairs;
requires inspection of motor vehicles upon initial
registration, biennially upon renewal of registration, upon
transfer of ownership, and in certain other circumstances;
and requires all motor vehicles that are registered in
designated areas of the state to biennially obtain a
certificate of compliance or noncompliance with motor
vehicle emission standards, except for certain exempted
motor vehicles. Existing law also provides for an enhanced
motor vehicle inspection and maintenance program in each
urbanized area of the state, any part of which is
classified by the United States Environmental Protection
Agency as a serious, severe, or extreme non-attainment area
for carbon monoxide with a design value greater than 12.7
ppm, and in other areas of the state, as specified.
This bill would repeal those provisions providing for an
enhanced program and would make related changes.
This bill would also permit every motor vehicle subject to
the inspection program to be pre-tested, as defined. The
bill would also require information contained in the
renewal of registration notice to notify the owner of the
vehicle of the right to have the vehicle pre-tested.
The bill would require the Bureau of Automotive Repair to
provide reimbursement to eligible smog check station owners
for certain costs incurred to comply with the enhanced smog
check program from specified funds appropriated pursuant to
the Budget Act of 1998.
Prior Legislation
AB 2789 (Thomson), passed the Senate 27-8, and was vetoed
by the Governor with the following message:
This bill would make a number of changes to the
Smog Check II program by eliminating
"ping-ponging" of cars that fail a smog test
between test-only facilities and repair shops;
revising the low-income and repair assistance
program; and simplifying procedures for vehicles
to be removed from the enhanced program testing
requirements when ownership is transferred to a
non-enhanced area.
Unfortunately the bill, similar to a bill vetoed
last year (AB 999), would remove the Enhanced
Area designation on some areas of the state by
arbitrarily defining an "urbanized" area as
having a population of 100,000 or more residents.
Changing the designation of these areas would
result in emissions reduction shortfall which
could force the state to face federal sanctions.
Avoiding the sanctions would require creating
inequities by shifting the burden of increased
emissions reductions to industrial and stationary
pollution sources or upon the other areas where
the enhanced program remains active.
Nothing has changed over last year to warrant a
reversal of the prior veto. It remains
imperative that we continue to make desired and
necessary progress to protect public health
through clean air standards, avoid unnecessary
exposure to federal sanctions, and ensure that
California's air quality policy approach remains
equitable, technologically feasible, and cost
effective.
This bill does, however, contain a number of
laudable changes that would have made significant
improvements for all sectors of the motoring
public. As such, I am directing my agencies to
implement those features of this bill that will
increase public convenience and acceptance to the
fullest extent permissible under existing
statutory authority.
Veto Analysis of Item 1111-001-0582 (from the Budget):
Department of Consumer Affairs, Bureau of Automotive Repair
Deletes $3 million provided for reimbursement of smog
check station owners for the costs of returning to the
BAR-90 test as a result of AB 2789, which would exempt
small communities from the enhanced program. States
that this veto is consistent with the veto of AB 2789,
which contained numerous reforms to the smog check
program.
AB 999 (Thomson) of 1997, passed the Senate 21-18 and was
vetoed by the Governor with the following message:
This bill would redefine the term "urban area,"
so that California's enhanced smog check program
would apply only to those urban areas with a
population of 100,000 or more.
Currently, urbanized areas of 50,000 or more
residents, that exceed air quality standards for
ozone and carbon monoxide, must participate in an
enhanced vehicle inspection and maintenance
program (Smog Check II). Changing the definition
of urbanized area, as proposed by this bill,
would exempt certain areas from this program.
This would create inequities by shifting the
burden of increased emission reductions from
automobiles to industrial and stationary
pollution sources.
It is imperative that we continue to make desired
and necessary progress toward health -
protective, clean air standards, avoid
unnecessary exposure to federal sanctions, and
ensure that California's air quality policy
approach remains equitable, technologically
feasible, and cost effective. Those three
elements would be severely jeopardized by this
bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
RJG:ctl/jk 8/26/98 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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