BILL ANALYSIS �
AB 474
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Date of Hearing: May 2, 2011
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 474 (Jones) - As Amended: March 31, 2011
SUBJECT : Vehicles: smog check: transfer of ownership
certifications
SUMMARY : Extends from 90 to 180 days the duration that a
certificate of compliance or certificate of noncompliance,
related to motor vehicle emission inspections, is valid.
EXISTING LAW :
1)Establishes a motor vehicle inspection and maintenance (smog
check) program, developed, implemented, and administered by
the Department of Consumer Affairs, Bureau of Automotive
Repair (BAR), in conjunction with the State Air Resources
Board (ARB). The smog check program provides for the
inspection of a motor vehicle, among other circumstances, upon
its initial registration, upon transfer of ownership, and for
vehicles registered in certain areas of the state, biennially
upon renewal of registration. Authorizes smog check stations
to issue certificates of compliance or noncompliance to
vehicles which meet the smog check program requirements. A
vehicle not meeting the emission requirements does not receive
a compliance certificate.
2)Prohibits the issuance of a certificate of compliance to any
new motor vehicle or motor vehicle with a new motor vehicle
engine that is not certified by ARB. Requires that, with
respect to a new motor vehicle or motor vehicle with a new
motor vehicle engine not certified by ARB, a certificate of
noncompliance shall be issued. The certificate of
noncompliance is to indicate the basis for nonconformity and
the data required to be sent to the ARB.
3)Requires the Department of Motor Vehicles (DMV) to require,
upon initial registration, and upon transfer of ownership and
registration, of a motor vehicle, and upon registration of a
motor vehicle previously registered outside this state that is
subject to those provisions, a valid certificate of compliance
or a certificate of noncompliance, as appropriate, with
respect to smog certification.
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4)Requires the registered owner to provide the purchaser with
evidence of a valid smog certification, if applicable, when
selling a California registered vehicle.
5)Exempts from the requirement for a smog certification, a
transferred vehicle that is four or less model years old. For
a vehicle that is model year five or six years old, a smog
certification is only required for a change of ownership or
upon initial registration in California.
6)Exempts, among other items, from the requirement to obtain
biennially a certificate of compliance or noncompliance, all
motor vehicles that have 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.
7)Requires a licensed motor vehicle dealer to be responsible for
having a smog check inspection performed on, and a certificate
of compliance or noncompliance issued for, every motor vehicle
offered for retail sale. Indicates that a certificate issued
to a licensed motor vehicle dealer is valid for a two-year
period. If the vehicle is sold to a consumer, and not another
dealer, the certificate of compliance is valid for 90 days.
8)Specifies that a certificate of compliance or noncompliance is
valid for 90 days, except in the case of licensed motor
vehicle dealers above.
9)Requires the periodic evaluation of the smog check program by
BAR and ARB. Establishes the Inspection and Maintenance
Review Committee Inspection and Maintenance Review Committee
to review the BAR/ARB joint evaluation and to submit a report
on the proposed plan to the Legislature.
FISCAL EFFECT : Unknown
COMMENTS : In accordance with existing laws and regulations, if
a motor vehicle meets vehicle emission and equipment standards
as prescribed by BAR and ARB, then a vehicle owner is issued,
from a BAR-certified smog station, a certificate of compliance
or, in cases where engines have yet to be certified by ARB, a
certificate of noncompliance (see Existing Law #2). Under
current law, a certificate of compliance or noncompliance is
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valid for 90 days (with the exception of licensed motor vehicle
dealers). Within this time period, a new vehicle owner can
register the vehicle with DMV without the requirement of a new
smog check certificate of compliance or noncompliance.
This bill would extend the duration of validity of the smog
certificate of compliance or noncompliance from 90 days to 180
days.
It is the author's contention that, "Extending smog
certifications by an additional three months will neither incur
any cost for the state, create a loss of revenue, nor will it
undermine the current emission and air quality standards. As a
case in point, according to information from the U.S.
Environmental Protection Agency (EPA) which regulates emissions
of air pollutants such as sulfur dioxide (SO2) and nitrogen
oxide (NOx), and nationwide air quality for the six air
pollutants (known as "principal pollutants"):
"Since 1980, emissions of the six principal pollutants
have declined significantly, with the greatest drop in
lead," the EPA publication Six Principal Pollutants
reports. Further, "for the first half of 2009, SO2
emissions dropped 24% versus the first half of 2008.
Emissions of NOx fell 5% in May and 11% in June 2009
compared against the same months in the previous year."
The Legislature is rightly accused of being "out of touch" with
the citizens of the state, and passage of AB 474 will provide
direct relief from an overly rigid California statute. Thus, it
makes sense, from an economic perspective - but from a consumer
perspective as well - to extend the current smog certification
from 90 days to 6 months. A certificate that is valid for a
period of six months is certainly reasonable given that the
motor vehicle dealers are given certification for a period of
two years."
Writing in opposition to the bill, the American Lung Association
in California indicates that "the potential three-month delay in
a new smog check has the potential for three additional months
of non-compliance with emission standards, undermining the
effectiveness of the smog check program without offering a
compelling reason to do so? This bill also has the potential to
harm consumers who purchase used vehicles. Currently, the
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seller of a vehicle is responsible for ensuring that the vehicle
passes a smog check in the 90 days prior to the sale. By
doubling the timeframe for smog check validity to 180 days, this
bill puts used car buyers at a greater risk for purchasing a
vehicle that has fallen out of compliance within a much longer
window."
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
American Lung Association in California
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093