BILL ANALYSIS
SENATE TRANSPORTATION COMMITTEE BILL NO: SB 1615
SENATOR KEVIN MURRAY, CHAIRMAN AUTHOR: denham
VERSION: 2/20/04
Analysis by: Steve Schnaidt FISCAL:yes
SUBJECT:
Smog Check: out-of-state vehicles.
DESCRIPTION:
This bill would exempt out-of-state vehicles that are more
than 30 years old from the smog check requirement upon
initial registration.
ANALYSIS:
Existing law establishes a motor vehicle inspection and
maintenance (smog check) program, administered by the
Department of Consumer Affairs and the State Air Resources
Board. The program 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 requires the smog tests to include, at
minimum, loaded mode dynamometer (treadmill) 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.
SB 42 (Kopp, 1997) exempted from the smog check
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 from the program.
Existing law requires the Department of Motor Vehicles to
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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 for the vehicle.
This bill would exempt from the smog check requirement,
those vehicles from out of state that are more than 30
years old. Thus, these older vehicles would be subject to
the same registration and smog check requirements and
exemptions as in-state vehicles.
COMMENTS:
1.The author and sponsor of the bill, the Department of
Motor Vehicles (DMV), state that the bill is intended to
conform the requirements for the out-of-state vehicles
with those for in-state vehicles with regard to the
exemption for 30 year old and older vehicles.
The DMV asserts that the 30-year exemption legislation in
1997 overlooked provisions dealing with the initial
registration of out-of-state vehicles. With the 30-year
and older exemption now operative, the older
out-of-state vehicles are being treated differently than
in-state vehicles of the same age.
The DMV states that if it continues to enforce the two
different sets of smog check requirements, then owners of
the out-of-state vehicles would have grounds for lawsuits
against the department and the state. The department
notes that "courts have ruled in prior cases pertaining
to vehicle license fee calculations and smog impact fees
that it is generally unconstitutional to apply disparate
standards to nonresident vehicles than those applied to
California vehicles".
2.The bill would not affect smog check requirements for
out-of-state vehicles less than 30 years old when they
are first registered in California. Those vehicles would
still have to have valid smog check certificates to be
registered and still would be subject to the state's
biennial (2-year) smog check and related requirements.
3.SB 42 in 1997 exempted 1967 - 1973 model year cars from
the state's biennial smog check requirement, although
those vehicles remain subject to gross-polluter standards
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and requirements. The legislation also established a
"rolling" 30-year smog check exemption, beginning in 2003
for 1974 model year vehicles. In 2004, all 1975 and
older vehicles are exempt; in 2005 all 1976 and older are
exempt, and so on.
The intent of SB 42 was to acknowledge the relatively
minimal impact of 30-years and older vehicles on vehicle
emissions and air quality. Such vehicles are a very
small portion of the fleet and many are considered
"classic cars" by their owners and others. They
generally are well-maintained and operated less
frequently than the average for vehicles in the statewide
fleet. Other older, nonclassic, vehicles also are
relatively few in numbers and are driven fewer miles than
average. Vehicle owners and proponents of the 1997
legislation viewed the former smog check requirement for
older vehicles as excessive and argued that original and
certified emissions equipment and parts were hard or
impossible to obtain.
4.Technical amendment needed?
Section 1 of the bill (pages 2 - 3) includes a conforming
cross reference to the Vehicle Code section being
repealed by the bill. Section 1 relates to a former
experimental program on methanol-blended fuel which was
to be in effect only until 1988, however. The author and
the Committee may wish to consider repealing the obsolete
code section in its entirety.
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
April 14, 2004.)
SUPPORT: Department of Motor Vehicles
OPPOSED: None received.