Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 550


Introduced by Assembly Member Waldron

February 23, 2015


An act tobegin delete amend Section 44002 ofend deletebegin insert add Section 44011.7 toend insert the Health and Safety Code, relating to vehicular air pollution.

LEGISLATIVE COUNSEL’S DIGEST

AB 550, as amended, Waldron. Smogbegin delete check.end deletebegin insert check: exemption: fee.end insert

begin insert

Existing law establishes a motor vehicle inspection and maintenance program, commonly known as smog check, 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. Existing law establishes an annual smog abatement fee for specified motor vehicles exempt from being inspected biennially upon renewal of registration.

end insert
begin insert

Existing law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, reduction of criteria air pollutants and improvement of air quality. Existing law requires, until January 1, 2024, that a portion of the registration fees for motor vehicles and vessels be deposited into the Air Quality Improvement Fund and, upon appropriation, be expended for the implementation of the program. Existing law specifies the types of projects that are eligible to receive funding under the program.

end insert
begin insert

This bill would allow an owner of a motor vehicle that is subject to the smog check program to pay a $200 smog abatement fee in lieu of passing a smog test if the motor vehicle meets specified criteria. The bill would require the fee to be deposited in the Air Quality Improvement Fund.

end insert
begin delete

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 vests with the department the sole and exclusive authority within the state for developing and implementing the smog check program, as specified.

end delete
begin delete

This bill would make technical, nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 44011.7 is added to the end insertbegin insertHealth and Safety
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert44011.7.end insert  

(a) The owner of a motor vehicle that is required to
4obtain a certificate of compliance pursuant to Section 44011 may
5elect to pay a smog abatement fee of two hundred dollars ($200)
6if the motor vehicle meets all of the following criteria:

7(1) Is 30 or more model-years old.

8(2) Was manufactured during or after the 1976 model-year.

9(3) Fails a smog test required pursuant to this chapter.

10(4) Fails a subsequent smog test after necessary repairs were
11made.

12(b) Payment of the smog abatement fee established pursuant to
13this section shall be made to the Department of Motor Vehicles at
14the time of the registration of the motor vehicle.

15(c) Fees collected pursuant to this section shall be deposited in
16the Air Quality Improvement Fund created by Section 44274.5.

end insert
begin delete
17

SECTION 1.  

Section 44002 of the Health and Safety Code is
18amended to read:

P3    1

44002.  

(a) The department shall have the sole and exclusive
2authority within the state for developing and implementing the
3motor vehicle inspection program in accordance with this chapter.

4 (b) For the purposes of the administration and enforcement of
5this chapter, the department, and the director, officers, and
6employees of the department, shall have all the powers and
7authority granted under Division 1 (commencing with Section
8100) and Division 1.5 (commencing with Section 475) and Chapter
920.3 (commencing with Section 9880) of Division 3 of the Business
10and Professions Code and under Division 33 (commencing with
11Section 3300) of Title 16 of the California Code of Regulations.
12Inspections and repairs performed pursuant to this chapter, in
13addition to meeting the specific requirements imposed by this
14chapter, shall also comply with all requirements imposed pursuant
15to Division 1 (commencing with Section 100) and Division 1.5
16(commencing with Section 475) and Chapter 20.3 (commencing
17with Section 9880) of Division 3 of the Business and Professions
18Code and Division 33 (commencing with Section 3300) of Title
1916 of the California Code of Regulations.

end delete


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