BILL NUMBER: SB 1301	CHAPTERED  08/31/99

	CHAPTER   273
	FILED WITH SECRETARY OF STATE   AUGUST 31, 1999
	APPROVED BY GOVERNOR   AUGUST 30, 1999
	PASSED THE SENATE   AUGUST 16, 1999
	PASSED THE ASSEMBLY   JULY 15, 1999
	AMENDED IN ASSEMBLY   JUNE 22, 1999
	AMENDED IN ASSEMBLY   JUNE 1, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Kelley

                        MARCH 3, 1999

   An act to amend Section 44024.5 of the Health and Safety Code,
relating to air quality.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1301, Kelley.  Smog check:  remote sensing equipment.
   Existing law establishes a motor vehicle inspection and
maintenance (smog check) program, administered by the Department of
Consumer Affairs, that requires inspection of vehicles biennially
upon renewal of registration and at certain other times, as
specified.  Existing law authorizes the department to conduct a pilot
program to except from the biennial smog check requirement those
vehicles that may be jointly determined by the department and the
State Air Resources Board to warrant exception, as provided.
   This bill would require the department, on or before June 30,
2000, as part of the pilot program, to evaluate standards for the
operation of remote sensing equipment, evaluate the need to certify
individuals who operate that equipment, and evaluate the need to
license entities that provide remote sensing services under the
direction of the department.


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


  SECTION 1.  Section 44024.5 of the Health and Safety Code is
amended to read:
   44024.5.  (a) The department shall compile and maintain
statistical and emissions profiles of motor vehicles that are subject
to the motor vehicle inspection program.  The department may use
data from any source, including remote sensing data and other motor
vehicle inspection program data, to develop and confirm the validity
of the profiles.
   (b) The department, in cooperation with the state board, shall
perform periodic analyses of the statistical and emissions profiles
created pursuant to subdivision (a).  The department and the state
board, in consultation with the Inspection and Maintenance Review
Committee, may determine that, in addition to the vehicles excepted
pursuant to Section 44011, certain other motor vehicles may be
excepted from the biennial certification requirements of this chapter
without significantly compromising the emission reduction objectives
set forth in the State Implementation Plan (SIP).
   (c) The department may conduct a pilot program to except from the
biennial certification requirement those vehicles that may be jointly
determined by the department and the state board, after consultation
with the Inspection and Maintenance Review Committee, to warrant
exception.  The department shall provide written notification to the
Legislature specifying the number of vehicles to be exempted as well
as the geographic location and duration of the pilot program not less
than 30 days prior to the implementation of the pilot program.  The
department shall submit the results of the pilot program to the state
board and the Inspection and Maintenance Review Committee for
review.  Subject to the approval of the United States Environmental
Protection Agency as an amendment to the SIP, the department may
establish the exception program as a permanent program.
   (d) As part of the pilot program, on or before June 30, 2000, the
department shall evaluate standards for the operation of remote
sensing equipment, evaluate the need to certify individuals who
operate that equipment, and evaluate the need to license entities
that provide remote sensing services under the direction of the
department.
   (e) For vehicles four model years old or less, the department
shall use test data generated pursuant to Section 44014.7 to develop
statistical and emissions profiles.  The department may use data from
any source, including remote sensing data, warranty repair and
recall data, and other motor vehicle inspection program data, to
develop and confirm the validity of the data.  If the department and
state board jointly determine that the emissions from a class of
motor vehicles would potentially compromise the emission reduction
objectives set forth in the SIP, the state board shall consider
appropriate corrective action, including, but not limited to, recall
pursuant to Section 43105.