Amended in Assembly January 4, 2016

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 to add Section 44011.7 to the Health and Safety Code, relating to vehicular air pollution.


AB 550, as amended, Waldron. Smog check: exemption: fee.

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.

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,begin insert theend insert reduction of criteria air pollutants andbegin insert theend insert 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.

This bill would allowbegin delete an owner of a motor vehicle that isend deletebegin insert owners of certain motor vehicles that areend insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. 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 insertThe Legislature finds and declares all of the
2following:end insert

begin insert

3(a) Prior to 2005, California law contained a rolling exemption
4from the smog check requirements for motor vehicles that are more
5than 30 years old.

end insert
begin insert

6(b) In 2004, the Legislature enacted Chapter 704 of the Statutes
7of 2004, which replaced the rolling exemption with a fixed
8exemption for motor vehicles manufactured prior to 1976.

end insert
begin insert

9(c) As a result, motor vehicles manufactured after 1976 remain
10subject to the smog check requirements for the entire life of the

end insert

begin deleteSECTION 1.end delete
13begin insertSEC. 2.end insert  

Section 44011.7 is added to the Health and Safety
, to read:



(a) The owner of a motor vehicle that is required to
16obtain a certificate of compliance pursuant to Section 44011 may
17elect to pay a smog abatement fee of two hundred dollars ($200)
18if the motor vehicle meets all of the following criteria:

19(1) Is 30 or more model-years old.

20(2) Was manufactured during or after the 1976 model-year.

21(3) Fails a smog test required pursuant to this chapter.

22(4) Fails a subsequent smog test after necessary repairs were

24(b) Payment of the smog abatement fee established pursuant to
25this section shall be made to the Department of Motor Vehicles at
26the time of the registration of the motor vehicle.

P3    1(c) Fees collected pursuant to this section shall be deposited in
2the Air Quality Improvement Fund created by Section 44274.5.

begin insert

3(d) This section does not apply to diesel-powered motor vehicles
4or motorcycles.

end insert