BILL ANALYSIS �
AB 1613
Page 1
Date of Hearing: April 23, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1613 (Donnelly) - As Amended: March 28, 2012
SUBJECT : Smog certification
SUMMARY : Deletes the requirement for a certificate of
compliance or a certificate of noncompliance with respect to
smog certification upon any transfer of ownership of a motor
vehicle prior to the issuance of a vehicle registration by the
California Department of Motor Vehicles (DMV).
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). Authorizes smog check stations to issue
certificates of compliance or noncompliance to vehicles that
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 engine that is
not certified by ARB. Requires that, with respect to a new
motor vehicle or motor vehicle with a new 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 a registered owner to provide evidence of a valid
smog certification, if applicable, to the purchaser when
selling a California registered vehicle.
4)Requires, for a vehicle that is model year five or six years
old, a smog certification only for a change of ownership or
upon initial registration in California. Exempts from the
requirement for a smog certification, a transferred vehicle
that is four or less model years old. Further, for a vehicle
of model year four years or newer, requires DMV to impose a
fee of $8 on the transferee of the vehicle. The revenues from
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the fee are required to be deposited in the Vehicle Inspection
and Repair Fund. In areas of the state subject to vehicle
smog inspections, requires the issuance of smog certificates
for vehicles at initial registration, upon transfer of
ownership, or upon the scheduled biennial inspection.
5)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.
6)Specifies that a certificate of compliance or noncompliance is
valid for 90 days, except in the case of licensed motor
vehicle dealers above.
7)Makes a finding and declaration that California requires smog
checks and repairs whenever a vehicle changes ownership in
addition to the regular biennial tests.
FISCAL EFFECT : Unknown impact upon the Vehicle Inspection and
Repair Fund and other program areas of the BAR.
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
valid for 90 days (with the exception of licensed motor vehicle
dealers where a certificate is valid for two years). A seller
of a vehicle outside of the 90-day time period is required to
provide a new smog check certificate to the buyer of the
vehicle.
This bill would extend the 90-day time period for a smog
certificate until the next scheduled vehicle biennial smog
inspection. According to the author, the bill would simplify
the process of transferring ownership of motor vehicles, saving
the state's motor vehicle owners both time and money. Under
this bill, once a vehicle has received a smog check certificate
of compliance or noncompliance at initial registration or
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renewal, the requirement for the owner of a vehicle to receive a
subsequent smog certificate upon its transfer to a new owner
would be eliminated.
This committee considered a similar bill pertaining to the
validation period of smog certificates for purposes of vehicle
transfer (See "Related bill" section below). Due to concerns
expressed regarding the possible air quality impacts if a
vehicle becomes non-smog compliant and the potential impacts
upon purchasers of a non-compliant vehicle, that bill did not
pass out of the committee.
Writing is support of this bill, the Association of California
Car Clubs contends that "As the current law stands, in order to
sell a vehicle and transfer its ownership, busy Californians
must take their time and money to obtain a new smog Certificate
of Compliance, even if the vehicle has been, and remains, in
compliance with current smog laws. This law is redundant and
only puts more of an unnecessary burden on California's
citizens. In these tough economic times, Californians selling
their cars should be able to keep more of that money in their
pockets, instead of being forced to pay for a smog check that
has already been done."
Writing in opposition to this bill, the California Air Pollution
Control Officers Association and others indicate that the bill
would weaken the smog check program and degrade air quality
statewide and that emissions will increase if inspections are
eliminated. Further, they contend that "In certain parts of the
state, the inspections when a vehicle changes hands are the only
inspections of the emissions control systems that these vehicles
will ever have. Furthermore, requiring a smog check before a
car changes hands protects consumers. The purchaser of the
vehicle would not otherwise know if their vehicle had
significant emissions control problems, which might be costly to
repair."
Related bill : AB 474 (Jones), of 2011, would have extended,
from 90 to 180 days, the duration that a current smog
certificate of compliance or certificate of noncompliance would
be valid without the owner being required to obtain a new smog
certification. AB 474 failed passage in this committee.
REGISTERED SUPPORT / OPPOSITION :
AB 1613
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Support
Association of California Car Clubs
Capitol Auto Club Inc. "Thunderbolts"
Congress of Racial Equality of California
Cruisin' For a Cure
Inland Empire Car Club Council
Over the Hill Gang
The Faithful Network
Several individuals
Opposition
American Lung Association in California
Bay Area Air Quality Management District
California Air Pollution Control Officers Association
Sierra Club California
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093