BILL ANALYSIS
AB 805
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Date of Hearing: April 13, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 805 (Fuentes) - As Introduced: February 26, 2009
SUBJECT : Auto dismantlers
SUMMARY : Requires the Department of Motor Vehicles (DMV) to
investigate all the information submitted on an application for
an auto dismantler's original or renewal license. Specifically,
this bill : Repeals the statute that prohibits DMV from
investigating application information regarding an auto
dismantler license applicant's permits, identification numbers,
and other information as specified below under EXISTING LAW,
items 2) a) through 2) e).
EXISTING LAW :
1)Requires an applicant for an auto dismantler's license to
provide DMV with information as to his or her character,
honesty, integrity, and reputation, as DMV may consider
necessary.
2)Requires DMV to require the applicant to furnish all of the
following information on any application for a new license or
the renewal of a license, if the applicant is required by
other provisions of law to have the following permits,
numbers, or plans:
a) Board of Equalization resale permit number;
b) Identification number issued by the California
Environmental Protection Agency;
c) A statement indicating that the applicant has either
filed an application for a storm water permit or is not
required to obtain a storm water permit;
d) A statement indicating that the applicant has either
filed a hazardous materials business plan or is not
required to file that plan; and,
AB 805
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e) The tax identification number assigned by the Franchise
Tax Board.
3)Requires DMV to thoroughly investigate all of the information
on the application except for the permits, identification
numbers, and plans listed in 2) above.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, responsible auto dismantlers
who process and recycle end-of-life vehicles remove the engine
oil, transmission fluid, tires, and other harmful materials from
these vehicles. Furthermore, they ensure any remaining parts
that cannot be resold are properly recycled.
When hazardous materials in vehicles are not properly removed,
processed, and recycled, the author asserts, our communities and
the environment suffer. He cites industry estimates indicating
that nearly 1.8 million vehicles come to the end of their lives
in California each year, but responsible auto dismantlers
process only 40% of those vehicles. Requiring DMV to verify all
the information in a license application is intended to assure
that an applicant operating an auto dismantler business in
California meets other important statutory requirements relating
to environmental protection and tax payments.
With the expansion of state online databases, the author
believes that verifying the status of required certifications
should be easily performed by DMV within the required 120 days.
In fact, DMV indicates that it would be able to use its existing
authority to require license applicants for to supply the
necessary data or documentation, which could include sign-offs
by the permitting agencies.
REGISTERED SUPPORT / OPPOSITION :
Support
State of California Auto Dismantlers Association
Opposition
None received
AB 805
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Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093