[Jamo]

Here's the bill, as amended. It is currently in the Appropriations Committee. The DMV's only concern is getting enough lead time to inform the owners in order to give them enough time to comply.

BILL NUMBER: AB 2683 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY MARCH 24, 2004

INTRODUCED BY Assembly Member Lieber

FEBRUARY 20, 2004

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


AB 2683, as amended, Lieber. Air pollution: smog check.
(1) Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs and the State Air Resources Board, that provides for
the inspection of all motor vehicles, except those specifically
exempted from the program, upon registration, biennially upon renewal
of registration, upon transfer of ownership, and in certain other
circumstances. Existing law requires the Department of Motor
Vehicles to require any motor vehicle subject to those requirements
to demonstrate compliance with those requirements. Existing
law also establishes an enhanced motor vehicle inspection and
maintenance program (smog check II) in each urbanized area of the
state, any part of which is classified by the United States
Environmental Protection Agency as a serious, severe, or extreme
nonattainment area for specified air contaminants. Existing law also
requires the smog tests to include, at minimum, loaded mode
dynamometer testing in enhanced areas, and 2-speed testing in all
other program areas, and a visual or functional check of emission
control devices specified by the department. Existing law exempted
from those requirements, until January 1, 2003, any motor vehicle
manufactured prior to the 1974 model-year, and after that date, any
motor vehicle that is 30 or more model-years old.
This bill would instead exempt from the smog check requirements
, and the smog check compliance requirements, any motor
vehicle manufactured prior to the 1976 model-year.
(2) Existing law makes any violation of the smog check
requirements a misdemeanor.
To the extent that the bill would impose the smog check
requirements on additional vehicles on and after January 1, 2007,
this bill would impose a state-mandated local program by expanding
the scope of a crime.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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) Any motor vehicle manufactured prior to the 1976 model-year.

(4) (A) Any motor vehicle four or less model-years old.
(B) Beginning January 1, 2004, any motor vehicle up to six
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) 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) The initial application for transfer is submitted within the
90-day validity period of a smog certificate as specified in Section
44015 of the Health and Safety Code.
(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
1976 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.

SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.