Bill Text: CA SB1239 | 2015-2016 | Regular Session | Amended
Bill Title: Smog check: exemptions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-11-30 - Died on the inactive file. [SB1239 Detail]
Download: California-2015-SB1239-Amended.html
BILL NUMBER: SB 1239 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 26, 2016
INTRODUCED BY Senator Gaines
(Principal coauthor: Assembly Member Waldron)
FEBRUARY 18, 2016
An act to amend, repeal, and add Section 44011 of the Health and
Safety Code, relating to vehicular air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 1239, as amended, Gaines. Smog check: exemptions.
Existing law establishes a motor vehicle inspection and
maintenance (smog check) program that is administered by the
Department of Consumer Affairs. The smog check program requires
inspection of motor vehicles upon initial registration, biennially
upon renewal of registration, upon transfer of ownership, and in
certain other circumstances. Existing law exempts specified vehicles
from being inspected biennially upon renewal of registration,
including, among others, all motor vehicles manufactured prior to the
1976 model year.
This bill, until January 1, 2019, would also exempt from the
biennial smog check inspections all motor vehicles manufactured after
the 1976 1975 model year but prior to
the 1981 model year if the owner submits proof that the motor vehicle
is insured as a collector motor vehicle.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44011 of the Health and Safety Code is amended
to read:
44011. (a) All motor vehicles powered by internal combustion
engines that are registered within an area designated for program
coverage shall be required biennially to obtain a certificate of
compliance or noncompliance, except for the following:
(1) All motorcycles until the department, pursuant to Section
44012, implements test procedures applicable to motorcycles.
(2) 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.
(3) All motor vehicles manufactured prior to the 1976 model year
or all motor vehicles manufactured after the 1976
1975 model year but prior to the 1981 model year that
comply with paragraph (1) of subdivision (c).
(4) (A) Except as provided in subparagraph (B), all motor vehicles
four or less model years old.
(B) Beginning January 1, 2005, all motor vehicles six or less
model years old, unless the state board finds that providing an
exception for these vehicles will prohibit the state from meeting the
requirements of Section 176(c) of the federal Clean Air Act (42
U.S.C. Sec. 7401 et seq.) or the state's commitments with respect to
the state implementation plan required by the federal Clean Air Act.
(C) All motor vehicles excepted by this paragraph shall be subject
to testing and to certification requirements as determined by the
department, if any of the following apply:
(i) The department determines through remote sensing activities or
other means that there is a substantial probability that the vehicle
has a tampered emissions control system or would fail for other
cause a smog check test as specified in Section 44012.
(ii) The vehicle was previously registered outside this state and
is undergoing initial registration in this state.
(iii) The vehicle is being registered as a specially constructed
vehicle.
(iv) The vehicle has been selected for testing pursuant to Section
44014.7 or any other provision of this chapter authorizing
out-of-cycle testing.
(D) This paragraph does not apply to diesel-powered vehicles.
(5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (c) of Section 44024.5. It is the intent of the
Legislature that the department, pursuant to the authority granted by
this paragraph, exempt at least 15 percent of the lowest emitting
motor vehicles from the biennial smog check inspection.
(6) All motor vehicles that the department determines would
present prohibitive inspection or repair problems.
(7) Any vehicle registered to the owner of a fleet licensed
pursuant to Section 44020 if the vehicle is garaged exclusively
outside the area included in program coverage, and is not primarily
operated inside the area included in program coverage.
(8) (A) All diesel-powered vehicles manufactured prior to the 1998
model year.
(B) All diesel-powered vehicles that have a gross vehicle weight
rating of 8,501 to 10,000 pounds, inclusive, until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
(C) All diesel-powered vehicles that have a gross vehicle weight
rating from 10,001 pounds to 14,000 pounds, inclusive, until the
state board and the Department of Motor Vehicles determine the best
method for identifying these vehicles, and until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
(D) All diesel-powered vehicles that have a gross vehicle weight
rating of 14,001 pounds or greater.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
(c) For purposes of subdivision (a), a collector motor vehicle, as
defined in Section 259 of the Vehicle Code, is exempt from those
portions of the test required by subdivision (f) of Section 44012 if
the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model year, as
prescribed by the department, and the motor vehicle passes a
functional inspection of the fuel cap and a visual inspection for
liquid fuel leaks.
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 2. Section 44011 is added to the Health and Safety Code, to
read:
44011. (a) All motor vehicles powered by internal combustion
engines that are registered within an area designated for program
coverage shall be required biennially to obtain a certificate of
compliance or noncompliance, except for the following:
(1) All motorcycles until the department, pursuant to Section
44012, implements test procedures applicable to motorcycles.
(2) 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.
(3) All motor vehicles manufactured prior to the 1976 model year.
(4) (A) Except as provided in subparagraph (B), all motor vehicles
four or less model years old.
(B) All motor vehicles six or less model years old, unless the
state board finds that providing an exception for these vehicles will
prohibit the state from meeting the requirements of Section 176(c)
of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the
state's commitments with respect to the state implementation plan
required by the federal Clean Air Act.
(C) All motor vehicles excepted by this paragraph shall be subject
to testing and to certification requirements as determined by the
department, if any of the following apply:
(i) The department determines through remote sensing activities or
other means that there is a substantial probability that the vehicle
has a tampered emissions control system or would fail for other
cause a smog check test as specified in Section 44012.
(ii) The vehicle was previously registered outside this state and
is undergoing initial registration in this state.
(iii) The vehicle is being registered as a specially constructed
vehicle.
(iv) The vehicle has been selected for testing pursuant to Section
44014.7 or any other provision of this chapter authorizing
out-of-cycle testing.
(D) This paragraph does not apply to diesel-powered vehicles.
(5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (c) of Section 44024.5. It is the intent of the
Legislature that the department, pursuant to the authority granted by
this paragraph, exempt at least 15 percent of the lowest emitting
motor vehicles from the biennial smog check inspection.
(6) All motor vehicles that the department determines would
present prohibitive inspection or repair problems.
(7) Any vehicle registered to the owner of a fleet licensed
pursuant to Section 44020 if the vehicle is garaged exclusively
outside the area included in program coverage, and is not primarily
operated inside the area included in program coverage.
(8) (A) All diesel-powered vehicles manufactured prior to the 1998
model year.
(B) All diesel-powered vehicles that have a gross vehicle weight
rating of 8,501 to 10,000 pounds, inclusive, until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
(C) All diesel-powered vehicles that have a gross vehicle weight
rating from 10,001 pounds to 14,000 pounds, inclusive, until the
state board and the Department of Motor Vehicles determine the best
method for identifying these vehicles, and until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
(D) All diesel-powered vehicles that have a gross vehicle weight
rating of 14,001 pounds or greater.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
(c) For purposes of subdivision (a), a collector motor vehicle, as
defined in Section 259 of the Vehicle Code, is exempt from those
portions of the test required by subdivision (f) of Section 44012 if
the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
(d) This section shall become operative on January 1, 2019.
