BILL NUMBER: SB 1172	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kuehl

                        FEBRUARY 23, 2001

   An act to amend Section 44011 of the Health and Safety Code, and
to amend Section 4000.1 of the Vehicle Code, relating to air
pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1172, as introduced, Kuehl.  Air pollution: vehicles.
   Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs, that requires motor vehicles powered by internal
combustion engines in certain areas of the state to obtain a smog
check certificate of compliance or noncompliance biennially, upon
transfer of ownership, or upon registration of a vehicle previously
registered outside of the state.  Existing law also exempts from that
requirement, until January 1, 2003, any motor vehicle manufactured
prior to the 1974 model-year, and beginning on that date, any motor
vehicle that is 30 or more model-years old.
   This bill would, instead exempt any motor vehicle manufactured
prior to the 1974 model-year from the smog check certificate
requirements.
   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 all of the following:
   (1) Every motorcycle, and every diesel-powered vehicle, until the
department, pursuant to Section 44012, implements test procedures
applicable to motorcycles or to diesel-powered vehicles, or both.
   (2) Any motor vehicle that has 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)  (A) Prior to January 1, 2003, any    Any
 motor vehicle manufactured prior to the 1974 model-year.

   (B) Beginning January 1, 2003, any motor vehicle that is 30 or
more model-years old.  
   (4) (A) Any motor vehicle four or less model-years old.
   (B) The department, by regulation, may increase the exemption
provided by this paragraph to include any motor vehicle up to six or
less model-years old.
   (C) Any motor vehicle 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 emission 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.
   (5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (b) 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) Any motor vehicle 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.
   (b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
  SEC. 2.  Section 4000.1 of the Vehicle Code is amended to read:
   4000.1.  (a) Except as otherwise provided in subdivision (b), (c),
or (d) of this section, or subdivision (b) of Section 43654 of the
Health and Safety Code, the department shall require upon initial
registration, and upon transfer of ownership and registration, of any
motor vehicle subject to Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code, and upon registration of a
motor vehicle previously registered outside this state which is
subject to those provisions of the Health and Safety Code, a valid
certificate of compliance or a certificate of noncompliance, as
appropriate, issued in accordance with Section 44015 of the Health
and Safety Code.
   (b) With respect to new vehicles certified pursuant to Chapter 2
(commencing with Section 43100) of Part 5 of Division 26 of the
Health and Safety Code, the department shall accept a statement
completed pursuant to subdivision (b) of Section 24007 in lieu of the
certificate of compliance.
   (c) For purposes of determining the validity of a certificate of
compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
   (d) Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
   (1) In any district in which biennial certification is required
and a valid certificate was issued in connection with the most recent
renewal of registration of the vehicle, and the transfer occurred
not more than 60 days following the date by which that renewal of
registration was required.
   (2) The transferor is either the parent, grandparent, sibling,
child, grandchild, or spouse of the transferee.
   (3) A vehicle registered to a sole proprietorship is transferred
to the proprietor as owner.
   (4) The transfer is between companies whose principal business is
leasing vehicles, if there is no change in the lessee or operator of
the vehicle or between the lessor and the person who has been, for at
least one year, the lessee's operator of the vehicle.
   (5) The transfer is between the lessor and lessee of the vehicle,
if there is no change in the lessee or operator of the vehicle.
   (6)  Prior to January 1, 2003, the   The
 motor vehicle was manufactured prior to the 1974 model-year.

   (7) Beginning January 1, 2003, the motor vehicle is 30 or more
model-years old. 
   (e) The State Air Resources Board, under Part 5 (commencing with
Section 43000) of Division 26 of the Health and Safety Code, may
exempt designated classifications of motor vehicles from subdivision
(a) as it deems necessary, and shall notify the department of that
action.
   (f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the vehicle.