BILL NUMBER: AB 2683 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 23, 2004
AMENDED IN ASSEMBLY MAY 20, 2004
AMENDED IN ASSEMBLY MARCH 24, 2004
INTRODUCED BY Assembly Member Lieber
(Coauthor: Assembly Member Koretz)
(Coauthor: Senator Machado)
FEBRUARY 20, 2004
An act to amend Section 44011 of the Health and Safety Code, and
to amend Section 4000.1 Sections 4000.1 and
4000.2 of the Vehicle Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 2683, as amended, Lieber. Air pollution: smog check.
(1) Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs and the State Air Resources Board, that provides for
the inspection of all motor vehicles, except those specifically
exempted from the program, upon registration, biennially upon renewal
of registration, upon transfer of ownership, and in certain other
circumstances. Existing law requires the Department of Motor
Vehicles to require any motor vehicle subject to those requirements
to demonstrate compliance with those requirements. Existing law also
establishes an enhanced motor vehicle inspection and maintenance
program (smog check II) 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 nonattainment area for
specified air contaminants. Existing law also requires the smog tests
to include, at minimum, loaded mode dynamometer testing in enhanced
areas, and 2-speed testing in all other program areas, and a visual
or functional check of emission control devices specified by the
department. Existing law exempted from those requirements, until
January 1, 2003, any motor vehicle manufactured prior to the 1974
model-year, and after that date, any motor vehicle that is 30 or more
model-years model years old.
This bill would instead, commencing April 1, 2005, exempt from the
smog check requirements, and the smog check compliance requirements,
any motor vehicle manufactured prior to the 1976 model-year.
The bill would also provide that defined collector motor vehicles for
which proof of insurance is submitted on that basis in accordance
with regulations of the Bureau of Automotive Repair, and that are at
least 35 model years old, shall be subject to otherwise applicable
exhaust emissions standards, but shall not be required to pass a
visual and functional inspection of emission equipment, other than a
functional inspection of the fuel cap and a visual inspection for
liquid fuel leaks.
(2) Under existing law, the Department of Motor Vehicles,
with certain exceptions, is required to obtain submission of a valid
smog check certificate of compliance or noncompliance, as
appropriate, in order to register a motor vehicle previously
registered outside the state. Among other exemptions, from this
requirement, existing law exempts 1965 or earlier model-year motor
vehicles.
This bill, commencing April 1, 2005, would instead apply the
model-year exemption that is applicable to vehicles registered in
this state. The bill would also make technical clarifying changes.
(3) Existing law makes any violation of the smog check
requirements a misdemeanor.
To the extent that the bill would impose the smog check
requirements on additional vehicles on and after January 1,
2007 April 1, 2005 , this bill would impose a
state-mandated local program by expanding the scope of a crime.
(3)
(4) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the intent of the Legislature, in enacting
the act adding this section, to ensure that vehicles, of the 1975
model-year and older are permanently exempted from the biennial
compliance requirement of the motor vehicle inspection and
maintenance (smog check) program.
(b) It is further the intent of the Legislature to ensure that the
Department of Motor Vehicles and the Department of Consumer Affairs
have adequate time to comply with the requirements of the act adding
this section by delaying the operation of the act until April 1,
2005.
SEC. 2. Section 44011 of the Health and Safety Code is amended to
read:
44011. (a) All motor vehicles powered by internal combustion
engines that are registered within an area designated for program
coverage shall be required biennially to obtain a certificate of
compliance or noncompliance, except for all of the following:
(1) Every motorcycle, and every diesel-powered vehicle, until the
department, pursuant to Section 44012, implements test procedures
applicable to motorcycles or to diesel-powered vehicles, or both.
(2) Any motor vehicle that has been issued a certificate of
compliance or noncompliance or a repair cost waiver upon a change of
ownership or initial registration in this state during the preceding
six months.
(3) Any motor vehicle manufactured prior to the 1976 model-year.
(4) (A) Any motor vehicle four or less model-years old.
(B) Beginning January 1, 2004, any motor vehicle up to six
model-years old, unless the state board finds that providing an
exception for these vehicles will prohibit the state from meeting the
requirements of Section 176(c) of the federal Clean Air Act (42
U.S.C. Sec. 7401 et seq.) or the state's commitments with respect to
the state implementation plan required by the federal Clean Air Act.
(C) Any motor vehicle excepted by this paragraph shall be subject
to testing and to certification requirements as determined by the
department, if any of the following apply:
(i) The department determines through remote sensing activities or
other means that there is a substantial probability that the vehicle
has a tampered emission control system or would fail for other cause
a smog check test as specified in Section 44012.
(ii) The vehicle was previously registered outside this state and
is undergoing initial registration in this state.
(iii) The vehicle is being registered as a specially constructed
vehicle.
(iv) The vehicle has been selected for testing pursuant to Section
44014.7 or any other provision of this chapter authorizing
out-of-cycle testing.
(5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (b) of Section 44024.5. It is the intent of the
Legislature that the department, pursuant to the authority granted by
this paragraph, exempt at least 15 percent of the lowest emitting
motor vehicles from the biennial smog check inspection.
(6) Any motor vehicle that the department determines would present
prohibitive inspection or repair problems.
(7) Any vehicle registered to the owner of a fleet licensed
pursuant to Section 44020 if the vehicle is garaged exclusively
outside the area included in program coverage, and is not primarily
operated inside the area included in program coverage.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
SEC. 3. Section 4000.1 of the Vehicle Code is amended to read:
4000.1. (a) Except as otherwise provided in subdivision (b), (c),
or (d) of this section, or subdivision (b) of Section 43654 of the
Health and Safety Code, the department shall require upon initial
registration, and upon transfer of ownership and registration, of any
motor vehicle subject to Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code, and upon registration of a
motor vehicle previously registered outside this state which is
subject to those provisions of the Health and Safety Code, a valid
certificate of compliance or a certificate of noncompliance, as
appropriate, issued in accordance with Section 44015 of the Health
and Safety Code.
(b) With respect to new vehicles certified pursuant to Chapter 2
(commencing with Section 43100) of Part 5 of Division 26 of the
Health and Safety Code, the department shall accept a statement
completed pursuant to subdivision (b) of Section 24007 in lieu of the
certificate of compliance.
(c) For purposes of determining the validity of a certificate of
compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
(d) Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
(1) The initial application for transfer is submitted within the
90-day validity period of a smog certificate as specified in Section
44015 of the Health and Safety Code.
(2) The transferor is either the parent, grandparent, sibling,
child, grandchild, or spouse of the transferee.
(3) A vehicle registered to a sole proprietorship is transferred
to the proprietor as owner.
(4) The transfer is between companies whose principal business is
leasing vehicles, if there is no change in the lessee or operator of
the vehicle or between the lessor and the person who has been, for at
least one year, the lessee's operator of the vehicle.
(5) The transfer is between the lessor and lessee of the vehicle,
if there is no change in the lessee or operator of the vehicle.
(6) The motor vehicle was manufactured prior to the 1976
model-year.
(e) The State Air Resources Board, under Part 5 (commencing with
Section 43000) of Division 26 of the Health and Safety Code, may
exempt designated classifications of motor vehicles from subdivision
(a) as it deems necessary, and shall notify the department of that
action.
(f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the vehicle.
SEC. 4.
(c) For purposes of subdivision (a), any collector motor vehicle,
as defined in Section 259 of the Vehicle Code, is exempt from those
portions of the test required by subdivision (f) of Section 44012 if
the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
SEC. 3. Section 4000.1 of the Vehicle Code is amended to read:
4000.1. (a) Except as otherwise provided in subdivision (b), (c),
or (d) of this section, or subdivision (b) of Section 43654 of the
Health and Safety Code, the department shall require upon initial
registration, and upon transfer of ownership and registration, of any
motor vehicle subject to Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code, and upon
registration of a motor vehicle previously registered outside this
state which is subject to those provisions of the Health and Safety
Code, a valid certificate of compliance or a certificate of
noncompliance, as appropriate, issued in accordance with Section
44015 of the Health and Safety Code.
(b) With respect to new motor vehicles certified
pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of
Division 26 of the Health and Safety Code, the department shall
accept a statement completed pursuant to subdivision (b) of Section
24007 in lieu of the certificate of compliance.
(c) For purposes of determining the validity of a certificate of
compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
(d) Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
(1) The initial application for transfer is submitted within the
90-day validity period of a smog certificate as specified in Section
44015 of the Health and Safety Code.
(2) The transferor is either the parent,
grandparent, sibling, child, grandchild, or spouse of the transferee.
(3) A motor vehicle registered to a sole proprietorship
is transferred to the proprietor as owner.
(4) The transfer is between companies whose principal business is
leasing motor vehicles, if there is no change in the
lessee or operator of the motor vehicle or between the
lessor and the person who has been, for at least one year, the lessee'
s operator of the motor vehicle.
(5) The transfer is between the lessor and lessee of the
motor vehicle, if there is no change in the lessee or operator
of the motor vehicle.
(6) Prior to January 1, 2003, the The
motor vehicle was manufactured prior to the 1974
1976 model-year.
(7) Beginning January 1, 2003, the motor vehicle is 30 or
more model-years old.
(8) Beginning January 1, 2005, the transfer is for a
motor vehicle that is four or less model-years
model years old. The department shall impose a
fee of eight dollars ($8) on the transferee of a motor
vehicle that is four or less model-years old. Revenues generated
from the imposition of that fee shall be deposited into the Vehicle
Inspection and Repair Fund.
(e) The State Air Resources Board, under Part 5 (commencing with
Section 43000) of Division 26 of the Health and Safety Code, may
exempt designated classifications of motor vehicles from subdivision
(a) as it deems necessary, and shall notify the department of that
action.
(f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the
motor vehicle.
(g) For purposes of subdivision (a), any collector motor vehicle,
as defined in Section 259, is exempt from those portions of the test
required by subdivision (f) of Section 44012 of the Health and Safety
Code, if the collector motor vehicle meets all of the following
criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
SEC. 4. Section 4000.2 of the Vehicle Code is amended to read:
4000.2. (a) Except as otherwise provided in subdivision (b) of
Section 43654 of the Health and Safety Code, and, commencing on
January 1, 1993 April 1, 2005 , except
for 1965 or earlier model-year motor vehicles
model years exempted from biennial inspection pursuant to Section
44011 of the Health and Safety Code , the department shall
require upon registration of a motor vehicle subject to Part 5
(commencing with Section 43000) of Division 26 of the Health and
Safety Code, previously registered outside this state, a valid
certificate of compliance or a certificate of noncompliance, as
appropriate, issued in accordance with Section 44015 of the Health
and Safety Code.
(b) For the purposes of determining the validity of a certificate
of compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
SEC. 5. The amendments to Sections 43843 and 44004 of the Health
and Safety Code proposed by Senate Bill 1615, if enacted, shall not
be operative.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 5.
SEC. 7. This act shall become operative on April 1, 2005.