BILL NUMBER: SB 1615	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Denham

                        FEBRUARY 20, 2004

   An act to amend Sections 43843 and 44004 of the Health and Safety
Code, to amend Section 4000.1 of, and to repeal Section 4000.2 of, of
the Vehicle Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1615, as introduced, Denham.  Air pollution:  smog check:
out-of-state vehicles.
   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 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, exempts any motor vehicle that is 30 or more model-years old.
Existing law requires the Department of Motor Vehicles to require
that, upon registration of a motor vehicle subject to the smog check
program that was previously registered outside this state, a person
obtain a valid certificate of compliance  or noncompliance.
   This bill would repeal that provision requiring a person to obtain
a certificate of smog check compliance upon the registration of a
motor vehicle that was previously registered outside this state.  The
bill would make related conforming changes and delete obsolete
references from existing law.
   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 43843 of the Health and Safety Code is amended
to read:
   43843.  (a) The state board, in consultation with the State Energy
Resources Conservation and Development Commission, shall establish
and conduct, until January 1, 1988, an experimental program in which
fleet vehicles may utilize gasoline into which methanol has been
blended.
   (b) In order to participate in the methanol-gasoline experimental
vehicle fleet program, all of the following information shall be
submitted to the state board for each vehicle proposed for
participation in the program:
   (1) The make, model, vehicle identification number, and license
number of each vehicle.
   (2) A description of the fuel to be used in the vehicle.
   (3) Evidence that the vehicle's emissions using the
methanol-gasoline blend will be no higher than the vehicle's
emissions using gasoline which complies with the volatility standard
established pursuant to Section 43830.  Evidence may be based on
emission tests or a combination of emission tests and engineering
evaluation.
   (4) A description of any modifications to the vehicle necessary to
comply with paragraph (3).
   (5) A valid certificate of compliance issued pursuant to Section
4000.1  , 4000.2,  or 4000.3 of the Vehicle Code.
   (c) Within 60 days of receipt of a request to participate in the
program, the state board, in consultation with the State Energy
Resources Conservation and Development Commission, shall approve or
deny the request.  Approval shall be granted if adequate evidence is
provided that use of the fuel will not cause or contribute to an
increase in vehicle emissions when using the methanol-gasoline blend.

   (d) The state board may periodically test vehicles enrolled in the
program for compliance.  Failure to meet state emission standards
shall not result in imposition of any fine or penalty if there are no
violations of Section 27156 of the Vehicle Code, and the vehicle is
restored to conform to applicable emission standards at the end of
the experimental program.
   (e) All of the following records shall be maintained on each
vehicle and shall be made available to the state board upon request:

   (1) Fuel economy.
   (2) Maintenance and repair.
   (3) Driveability.
   (f) The state board may exempt the vehicles in any fleet
participating in the program from the requirements of subdivision (b)
until July 1, 1985.  The exemption shall be granted if the applicant
demonstrates that the evidence required pursuant to paragraph (3) of
subdivision (b) is not available, that there is likelihood that it
will become available within the exemption period, and that the
facility at which the fleet vehicle is normally refueled does not
have provisions for the distribution of more than one type of fuel.

  SEC. 2.  Section 44004 of the Health and Safety Code is amended to
read:
   44004.  (a) The motor vehicle inspection program provided by this
chapter, when implemented in a district, shall supersede and replace
any other program for motor vehicle emission inspection in the
district.  
   However this  
   This  chapter shall not apply to any vehicle permanently
located on an island in the Pacific Ocean located 20 miles or more
from the mainland coast.
   (b) The motor vehicle inspection program provided by this chapter
shall be in accordance with Sections 4000.1  , 4000.2,
 and 4000.3 of the Vehicle Code.
  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   that  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)  Prior to January 1, 2003, the motor vehicle was
manufactured prior to the 1974 model-year.
   (7) Beginning January 1, 2003, the   The  motor
vehicle is 30 or more model-years old.
   (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.  Section 4000.2 of the Vehicle Code is repealed.  
   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, except for 1965 or earlier model-year motor
vehicles, 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.