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 thebegin delete 1976end deletebegin insert 1975end insert
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 44011 of the Health and Safety Code is
2amended to read:
(a) All motor vehicles powered by internal combustion
4engines that are registered within an area designated for program
5coverage shall be required biennially to obtain a certificate of
6compliance or noncompliance, except for the following:
7(1) All motorcycles until the department, pursuant to Section
844012, implements test procedures applicable to motorcycles.
9(2) All motor vehicles that have been issued a certificate of
10compliance or noncompliance or a repair cost waiver upon a change
11of ownership or initial registration in this state during the preceding
12six months.
13(3) All motor vehicles manufactured prior to the 1976 model
14year or all motor vehicles manufactured after thebegin delete 1976end deletebegin insert 1975end insert model
15year but prior to the 1981 model year that comply with paragraph
16(1) of subdivision (c).
17(4) (A) Except as provided in subparagraph (B), all motor
18vehicles four or less model years old.
19(B) Beginning January 1, 2005, all motor vehicles six or less
20model years old, unless the state board finds that providing an
21exception for these vehicles will prohibit the state from meeting
22the requirements of Section 176(c) of the federal Clean Air Act
23(42 U.S.C. Sec.
7401 et seq.) or the state’s commitments with
24respect to the state implementation plan required by the federal
25Clean Air Act.
26(C) All motor vehicles excepted by this paragraph shall be
27subject to testing and to certification requirements as determined
28by the department, if any of the following apply:
29(i) The department determines through remote sensing activities
30or other means that there is a substantial probability that the vehicle
31has a tampered emissions control system or would fail for other
32cause a smog check test as specified in Section 44012.
33(ii) The vehicle was previously registered outside this state and
34is undergoing initial registration in this state.
35(iii) The
vehicle is being registered as a specially constructed
36vehicle.
P3 1(iv) The vehicle has been selected for testing pursuant to Section
244014.7 or any other provision of this chapter authorizing
3out-of-cycle testing.
4(D) This paragraph does not apply to diesel-powered vehicles.
5(5) In addition to the vehicles exempted pursuant to paragraph
6(4), any motor vehicle or class of motor vehicles exempted pursuant
7to subdivision (c) of Section 44024.5. It is the intent of the
8Legislature that the department, pursuant to the authority granted
9by this paragraph, exempt at least 15 percent of the lowest emitting
10motor vehicles from the biennial smog check inspection.
11(6) All
motor vehicles that the department determines would
12present prohibitive inspection or repair problems.
13(7) Any vehicle registered to the owner of a fleet licensed
14pursuant to Section 44020 if the vehicle is garaged exclusively
15outside the area included in program coverage, and is not primarily
16operated inside the area included in program coverage.
17(8) (A) All diesel-powered vehicles manufactured prior to the
181998 model year.
19(B) All diesel-powered vehicles that have a gross vehicle weight
20rating of 8,501 to 10,000 pounds, inclusive, until the department,
21in consultation with the state board, pursuant to Section 44012,
22implements test procedures applicable to these vehicles.
23(C) All diesel-powered vehicles that have a gross vehicle weight
24rating from 10,001 pounds to 14,000 pounds, inclusive, until the
25state board and the Department of Motor Vehicles determine the
26best method for identifying these vehicles, and until the department,
27in consultation with the state board, pursuant to Section 44012,
28implements test procedures applicable to these vehicles.
29(D) All diesel-powered vehicles that have a gross vehicle weight
30rating of 14,001 pounds or greater.
31(b) Vehicles designated for program coverage in enhanced areas
32shall be required to obtain inspections from appropriate smog
33check stations operating in enhanced areas.
34(c) For
purposes of subdivision (a), a collector motor vehicle,
35as defined in Section 259 of the Vehicle Code, is exempt from
36those portions of the test required by subdivision (f) of Section
3744012 if the collector motor vehicle meets all of the following
38criteria:
P4 1(1) Submission of proof that the motor vehicle is insured as a
2collector motor vehicle, as shall be required by regulation of the
3bureau.
4(2) The motor vehicle is at least 35 model years old.
5(3) The motor vehicle complies with the exhaust emissions
6standards for that motor vehicle’s class and model year, as
7prescribed by the department, and the motor vehicle passes a
8functional inspection of the fuel cap and a visual inspection for
9liquid fuel leaks.
10(d) This section shall remain in effect only until January 1, 2019,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2019, deletes or extends that date.
Section 44011 is added to the Health and Safety Code,
14to read:
(a) All motor vehicles powered by internal combustion
16engines that are registered within an area designated for program
17coverage shall be required biennially to obtain a certificate of
18compliance or noncompliance, except for the following:
19(1) All motorcycles until the department, pursuant to Section
2044012, implements test procedures applicable to motorcycles.
21(2) All motor vehicles that have been issued a certificate of
22compliance or noncompliance or a repair cost waiver upon a change
23of ownership or initial registration in this state during the preceding
24six months.
25(3) All motor vehicles manufactured prior to the 1976 model
26year.
27(4) (A) Except as provided in subparagraph (B), all motor
28vehicles four or less model years old.
29(B) All motor vehicles six or less model years old, unless the
30state board finds that providing an exception for these vehicles
31will prohibit the state from meeting the requirements of Section
32176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.)
33or the state’s commitments with respect to the state implementation
34plan required by the federal Clean Air Act.
35(C) All motor vehicles excepted by this paragraph shall be
36subject to testing and to certification requirements as determined
37by the department, if any of the
following apply:
38(i) The department determines through remote sensing activities
39or other means that there is a substantial probability that the vehicle
P5 1has a tampered emissions control system or would fail for other
2cause a smog check test as specified in Section 44012.
3(ii) The vehicle was previously registered outside this state and
4is undergoing initial registration in this state.
5(iii) The vehicle is being registered as a specially constructed
6vehicle.
7(iv) The vehicle has been selected for testing pursuant to Section
844014.7 or any other provision of this chapter authorizing
9out-of-cycle testing.
10(D) This paragraph does not apply to diesel-powered vehicles.
11(5) In addition to the vehicles exempted pursuant to paragraph
12(4), any motor vehicle or class of motor vehicles exempted pursuant
13to subdivision (c) of Section 44024.5. It is the intent of the
14Legislature that the department, pursuant to the authority granted
15by this paragraph, exempt at least 15 percent of the lowest emitting
16motor vehicles from the biennial smog check inspection.
17(6) All motor vehicles that the department determines would
18present prohibitive inspection or repair problems.
19(7) Any vehicle registered to the owner of a fleet licensed
20pursuant to Section 44020 if the vehicle is garaged exclusively
21outside the area included in program
coverage, and is not primarily
22operated inside the area included in program coverage.
23(8) (A) All diesel-powered vehicles manufactured prior to the
241998 model year.
25(B) All diesel-powered vehicles that have a gross vehicle weight
26rating of 8,501 to 10,000 pounds, inclusive, until the department,
27in consultation with the state board, pursuant to Section 44012,
28implements test procedures applicable to these vehicles.
29(C) All diesel-powered vehicles that have a gross vehicle weight
30rating from 10,001 pounds to 14,000 pounds, inclusive, until the
31state board and the Department of Motor Vehicles determine the
32best method for identifying these vehicles, and until the department,
33in consultation with the
state board, pursuant to Section 44012,
34implements test procedures applicable to these vehicles.
35(D) All diesel-powered vehicles that have a gross vehicle weight
36rating of 14,001 pounds or greater.
37(b) Vehicles designated for program coverage in enhanced areas
38shall be required to obtain inspections from appropriate
smog
39check stations operating in enhanced areas.
P6 1(c) For purposes of subdivision (a), a collector motor vehicle,
2as defined in Section 259 of the Vehicle Code, is exempt from
3those portions of the test required by subdivision (f) of Section
444012 if the collector motor vehicle meets all of the following
5criteria:
6(1) Submission of proof that the motor vehicle is insured as a
7collector motor vehicle, as shall be required by regulation of the
8bureau.
9(2) The motor vehicle is at least 35 model years old.
10(3) The motor vehicle complies with the exhaust emissions
11standards for that motor vehicle’s class and model year as
12prescribed by the department, and
the motor vehicle passes a
13functional inspection of the fuel cap and a visual inspection for
14liquid fuel leaks.
15(d) This section shall become operative on January 1, 2019.
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