BILL ANALYSIS                                                                                                                                                                                                    �






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 519
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  la malfa
                                                         VERSION: 3/25/11
          Analysis by:  Jennifer Gress                   FISCAL:  yes
          Hearing date:  April 26, 2011



          SUBJECT:

          Smog check program:  under-the-hood visual inspection

          DESCRIPTION:

          This bill prohibits a smog check technician from conducting an 
          under-the-hood visual inspection as part of a smog inspection.

          ANALYSIS:

          To meet federal air quality standards, existing law requires 
          California-registered, gasoline-powered vehicles and certain 
          diesel-powered vehicles to undergo biennial smog inspections to 
          measure motor vehicle-related pollutants.  New vehicles, 
          vehicles six model years old and newer, vehicles with a pre-1976 
          model year, electric vehicles, motorcycles, and large commercial 
          vehicles are exempt from the smog check program.  If a vehicle 
          fails any component of a smog inspection, the vehicle owner 
          must, with some exceptions, repair the vehicle and pass a 
          subsequent smog inspection before being able to register or 
          renew the registration of the vehicle.  

          The Bureau of Automotive Repair (BAR) administers the smog check 
          program, developing test procedures, licensing smog check 
          technicians and stations, establishing, in cooperation with the 
          Air Resources Board, "cut points" or emissions levels that a 
          vehicle may not exceed, and administering a consumer assistance 
          program, among other duties.  

          A smog inspection generally involves three components:  a 
          "tailpipe test" measuring exhaust emissions, a functional test 
          to ensure that certain critical emission control components are 
          operational including the vehicle's on-board diagnostic (OBD) 
          system, if applicable, and a visual inspection to ensure that 
          required emission controls are not missing, modified, or 
          disconnected.  The tailpipe test requires loaded-mode 
          dynamometer testing in areas of the state known as "enhanced" 




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          areas or, in other areas, two-speed idle testing.  Beginning as 
          early as January 1, 2013, BAR will begin testing using OBD 
          systems in lieu of loaded-mode dynamometer or two-speed idle 
          testing on model-year 2000 and newer vehicles.  A visual 
          inspection includes both a check for visible smoke emissions 
          from the vehicle's exhaust pipe and a check "under the hood" to 
          ensure that the vehicle includes all required emissions control 
          equipment, that the equipment is properly installed, and that 
          any aftermarket parts installed on the vehicle have been 
          certified through an Executive Order issued by the Air Resources 
          Board.    

           This bill  prohibits a smog check technician from conducting an 
          under-the-hood visual inspection as part of a smog check 
          inspection.
          

          COMMENTS:

           1.Purpose  .  The author asserts that because smog inspections are 
            intended to ensure that a vehicle's emissions are at or below 
            a certain level and because the under-the-hood visual 
            inspection does not gauge emission levels, the under-the-hood 
            visual inspection is an excessive component of the smog 
            inspection.  This bill, therefore, eliminates this requirement 
            in order to simplify the process for smog check technicians 
            and save time for vehicle owners.

           2.Smog check measures more than tailpipe emissions  .  Contrary to 
            the author's assertion, a smog inspection assesses more than 
            tailpipe emissions; it also measures evaporative emissions 
            from the fuel tank, and it ensures that the vehicle has not 
            been tampered with in a manner that could result in increased 
            emissions or distort the performance of required emissions 
            control equipment.  Furthermore, traditional tailpipe testing 
            is not a sensitive measure of exhaust emissions, so it is 
            important to supplement the tailpipe test with other tests to 
            ensure that the vehicle is functioning properly and not 
            emitting excessive levels of pollutants.  The under-the-hood 
            visual inspection is an important element of the smog 
            inspection as it allows a technician to see that required 
            emissions control equipment is properly installed.  

            Ensuring that equipment is properly installed is especially 
            important for vehicles manufactured prior to the 2000 model 
            year, which will continue to be subject to traditional 




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            tailpipe testing via loaded-mode dynamometer or two-speed idle 
            testing.  Something as mundane as a disconnected or loose hose 
            could increase "cold start" and evaporative emissions that 
            would not otherwise be captured through tailpipe testing.  The 
            under-the-hood visual inspection also ensures that 
            unauthorized aftermarket parts, which can increase vehicle 
            performance at the expense of emissions levels, have not been 
            installed on the vehicle.  For model-year 2000 and newer 
            vehicles that are subject to OBD testing, an under-the-hood 
            visual inspection will be important to ensure that tampering 
            has not occurred to change the performance of the vehicle in a 
            way that overrides the OBD system.  
           
          3.Why is this bill needed  ?  It is unclear what problem the 
            author is trying to address.  The under-the-hood visual 
            inspection takes approximately five minutes, and BAR is not 
            aware of any complaints with this component of the inspection 
            procedure.  
          
          POSITIONS:  (Communicated to the Committee before noon on 
                     Wednesday,
                     April 20, 2011)
          
               SUPPORT:  None received.

          
               OPPOSED:  Bay Area Air Quality Management District
                         California Air Pollution Control Officers 
          Association (CAPCOA)
                         Sierra Club California