BILL ANALYSIS
AB 859
Page 1
Date of Hearing: April 13, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 859 (Jones) - As Amended: April 20, 2009
SUMMARY : Requires vehicles 15 years or older, with the
exception of pre-1976 model cars, to undergo annual smog
inspections. Specifically, this bill :
1)Requires vehicles 15 years or older, to undergo annual
inspections of their vehicle emission control equipment and
systems (smog check).
2)Excludes from the annual smog check inspections those pre-1976
model vehicles already exempted from the biennial inspections
as well as motor vehicles that are newer than 15 years.
3)Extends the current authorization of the State Bureau of
Automotive Repair (BAR) and the California Air Resources Board
(ARB), in consultation with the Inspection and Maintenance
Review Committee (IMRC), to determine what vehicles may be
excepted from the biennial smog checks without significantly
compromising the emission reduction objectives set forth in
the State Implementation Plan (SIP), to the annual testing
program.
4)Requires BAR, in cooperation with ARB, to perform biennial
analyses, instead of on a periodic basis, of the statistical
and emissions profiles.
5)Requires all revenues from the inspection fees to be deposited
into the High Polluter Repair or Removal Account (HPRRA).
6)Increases the maximum income eligibility level from 200% to
300% of the federal poverty level for low-income motor vehicle
owners who may request consumer assistance.
7)Eliminates the ability of non low-income vehicle owners, whose
cars were directed to test-only stations, to receive repair
assistance through the HPRRA.
8)Increases payment to the owner of a high polluter vehicle for
repair costs as determined by BAR from $450 to up to $750.
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9)Requires BAR to implement this bill's provisions by January 1,
2011.
EXISTING LAW :
1) Requires, generally, vehicles that are registered in
non-attainment areas for ozone or carbon monoxide pollutant
emissions to undergo biennial smog checks.
2) Authorizes BAR to enforce and administer the smog check
program to ensure the reduction of gaseous emissions of
hydrocarbons, carbon monoxide, and oxides of nitrogen.
Directs that a certain percentage of vehicles deemed to be
"high emitters" (currently about 42% of vehicles subject to
the program) to specified "test-only" stations. Test-only
stations are those that test, but do not repair, vehicles.
3) Requires the periodic evaluation of the smog check program
by BAR and ARB. Establishes IMRC that provides periodic
reviews of the smog check program to the Legislature.
4) Authorizes a state consumer assistance program offering
eligible motorists to receive up to $450 to fix their vehicle
or $1,500 to retire it. Authorizes BAR to increase its
contribution for motor vehicle repairs if it determines that
the expenditure is cost effective (accordingly, BAR has
increased the level to $500).
5) Establishes the maximum income level for eligible motorists
to qualify for the consumer assistance program, for vehicle
repairs, at 200% of the federal poverty level as published
quarterly in the Federal Register. Authorizes BAR, at its
discretion, to increase the maximum income level up to 225%.
However, authorizes a vehicle owner, regardless of income
level, to receive financial assistance for repair of their
vehicle if it failed smog check inspection at a test-only
facility . Establishes no income level for participation in
the voluntary vehicle retirement or "scrappage" program.
6) Requires BAR to compile and maintain statistical and
emissions profiles of motor vehicles that are subject to the
smog check program. Authorizes BAR to 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. Requires BAR, in cooperation with ARB, to
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perform periodic analyses of the statistical and emissions
profiles. Authorizes BAR and ARB, in consultation with IMRC,
to determine what vehicles may be excepted from the biennial
smog checks without significantly compromising the emission
reduction objectives set forth in the SIP.
7) Establishes, as legislative intent, that BAR exempt at least
15% of the lowest emitting motor vehicles from the biennial
smog check inspections.
8) Creates the HPRRA and makes available, upon appropriation by
the Legislature, all money in the account to ARB and BAR to
establish and implement a program for the repair or
replacement of high polluting motor vehicles.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis of last year's AB 616 (Jones) of 2008, "there
will be a substantial revenue increase, up to $18 million every
other year starting in 2008-09, to the HPRRA resulting from
certificate of compliance fees being imposed annually to
increase resources available to BAR's repair assistance program
and vehicle retirement program. Costs, in the range of $10
million annually starting in 2008-09, to BAR resulting from
significantly more motorists being eligible for repair cost
assistance and the potential need to provide this assistance
annually instead of biennially."
(The owners of the up to 2.2 million vehicles that are 15 model
years or older up to 1976 that are required to be annually
inspected under smog check instead of biennially inspected would
incur an average of $60 per year for the inspection and
certificate instead of incurring that cost every two years.
These additional costs are higher for owners of vehicles that do
not pass their smog check and must incur repair costs in order
to pass.)
COMMENTS :
Background : According to the author, "on average, vehicles 15
years and older fail smog check inspection 27% of the time, more
than three times the average fail rate of newer vehicles.
Research conducted by ARB and BAR found that about 50% of the
1976-1995 model year vehicles that failed a smog check
inspection and were subsequently repaired, failed a future
roadside inspection within six months. In its November 2008
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report, IMRC, which was created by the Legislature to evaluate
the effectiveness of the smog check program and recommend
improvements, recommended that California institute annual
inspections for older vehicles, arguing that failure rates
increase significantly as vehicles age, with some 1980s models
failing at a 40% rate. ARB projects statewide emissions
reductions of 19.7 tons per day of hydrocarbons and NOx by
2014."
To allay concerns over the cost impact upon low-income drivers
of the older vehicles, this bill expands the qualifications and
amounts of repair assistance for those income-eligible car
owners in need of repairs. This bill also closes a loophole
that currently allows non low-income persons to receive consumer
repair assistance if their vehicle fails smog check at a
directed test-only facility. These provisions provide relief to
vehicle owners whose vehicles fail the smog check and are in
need of repair. However, the provisions do not ameliorate the
cost impacts upon low and fixed income owners of the older
vehicles who would be required to incur smog check inspections
fees and costs every year, rather than every other year.
It should also be noted that 14 other states, including Texas
and New York, have some form of annual smog check.
Support : As the sponsor of this bill, the Sacramento
Metropolitan Air Quality Management District indicates that the
"Annual smog check for older vehicles is also a key component of
the ARB's State Implementation Plan that is the blueprint for
bringing the state into attainment with federal clean air
regulations. The emissions reductions associated with the
proposed annual smog check for older vehicles reduce the need
for local air districts to impose additional burdens upon
jobs-producing businesses within California. Absent stronger
regulation of motor vehicles, local air districts may be forced
to impose more stringent emissions control requirements on
industries in the manufacturing or service sectors of the
economy in order to adequately protect the public health from
air pollution."
Opposition : This bill has invoked opposition from owners of
vehicles currently within the 1994 to 1976 era, with cars that
are restored, highly maintained, and driven very little. They
believe that they will be unfairly burdened by the costs imposed
by the annual inspections and that the rolling year exemption
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for 30 year old cars should be restored. They also believe
exceptions should be made for vehicles driven limited miles
annually.
Related bill : This bill is similar to a bill carried by the
author last year, AB 616. That bill was held in the Senate
Appropriations Committee. Also, AB 823 (Hill) of 2009, includes
some similar provisions that are considered in this bill. AB
823 passed out of the committee on April 13, 2009. At some
point, the income qualification provisions of AB 823 and this
bill would need to be harmonized.
REGISTERED SUPPORT / OPPOSITION :
Support
Sacramento Metropolitan Air Quality Management District
(sponsor)
American Federation of State, County and Municipal Employees,
AFL-CIO
American Lung Association of California
Automotive Service Councils of California
Bay Area Air Quality Management District
Breath California
California Air Pollution Control Officers Association
California Service Station and Automotive Repair Association
California Thoracic Society
Clean Power Campaign
Coalition for Clean Air
Consumers for Auto Reliability and Safety
National Parks Conservation Association
Sierra Club California
Union of Concerned Citizens
Opposition
Association of California Car Clubs
Professional Products Company
Specialty Equipment Market Association
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093