Bill Text: CA AB2488 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: buses: length limitations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-19 - Chaptered by Secretary of State - Chapter 376, Statutes of 2012. [AB2488 Detail]

Download: California-2011-AB2488-Introduced.html

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BILL NUMBER: AB 2488	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 24, 2012

   An act to amend Section 44081 of the Health and Safety Code,
relating to vehicular pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2488, as introduced, Williams. Vehicles: gross polluters.
   Existing law establishes a motor vehicle inspection and
maintenance (smog check) program, 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 requires the department, in cooperation
with the State Air Resources Board, to institute procedures,
including remote sensing devices and roadside testings, to audit the
emissions of vehicles while being driven on the streets and highways
of the state.
   This bill would make a technical, nonsubstantive change to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44081 of the Health and Safety Code is amended
to read:
   44081.  (a) (1) The department, in cooperation with the state
board, shall institute procedures for auditing the emissions of
vehicles while actually being driven on the streets and highways of
the state. The department may undertake those procedures itself or
seek a qualified vendor of these services. The primary object of the
procedures shall be the detection of gross polluters. The procedures
shall consist of techniques and technologies determined to be
effective for that purpose by the department, including, but not
limited to, remote sensing. The procedures may include pullovers for
roadside emissions testing and inspection. The department shall
consider the recommendations of the review committee based on the
outcome of the pilot demonstration program conducted pursuant to
Section 44081.6.
   (2) The department may additionally use other methods to identify
gross polluting vehicles for out-of-cycle testing and repair.
   (b) The department shall, by regulation, establish a program for
the out-of-cycle testing and repair of motor vehicles found, through
roadside auditing, to be emitting at levels that exceed specified
standards. The program shall include all of the following elements:
   (1) Emission standards, and test and inspection procedures and
regulations, adopted in coordination with the state board, applicable
to vehicles tested during roadside auditing. Emission standards for
issuance of a notice of noncompliance to a gross polluter shall be
designed to maximize the identification of vehicles with substantial
excess emissions.
   (2) Procedures for issuing notices of noncompliance to owners of
gross polluters, either at the time of the roadside audit, or
subsequently by certified mail, or by obtaining a certificate of
mailing as evidence of service, using technologies for recording
license plate numbers. The notice of noncompliance shall provide
that, unless the vehicle is brought to a designated test-only
facility or a test-and-repair station that is both licensed and
certified pursuant to Sections 44014 and 44014.2  , 
for emissions testing within 30 days, the owner is required to pay
an administrative fee of five hundred dollars ($500) to be collected
by the Department of Motor Vehicles at the next annual registration
renewal or the next change of ownership of the vehicle, whichever
occurs first. Commencing on the 31st day after issuance of the notice
of noncompliance, the fee shall accrue at the rate of five dollars
($5) per day up to the five hundred dollars ($500) maximum.
   (3) Procedures for the testing of vehicles identified as gross
polluters by a designated test-only facility, or a test-and-repair
station that is both licensed and certified pursuant to Sections
44014 and 44014.2, to confirm that the vehicle exceeds the minimum
emission standard for gross polluters set by the department.
   (4) Procedures requiring owners of vehicles confirmed as gross
polluters to have the vehicle repaired, resubmitted for testing, and
obtain a certificate of compliance from a designated test-only
facility, or a test-and-repair station that is both licensed and
certified pursuant to Sections 44014 and 44014.2, or removed from
service as attested by a certificate of nonoperation from the
Department of Motor Vehicles within 30 days or be required to pay an
administrative fee of not more than five hundred dollars ($500), to
be collected by the Department of Motor Vehicles at the next annual
registration renewal or the next change of ownership, whichever
occurs first. Commencing on the 31st day after issuance of the notice
of noncompliance, the fee shall accrue at the rate of five dollars
($5) per day up to the five hundred dollar ($500) maximum. The
registration of a vehicle shall not be issued or renewed if that
vehicle has been identified as a gross polluter and has not been
issued a certificate of compliance. Except as provided in subdivision
(b) of Section 9250.18 of the Vehicle Code, any revenues collected
by the Department of Motor Vehicles pursuant to this subdivision and
Section 9250.18 of the Vehicle Code shall be deposited in the Vehicle
Inspection and Repair Fund. If the ownership of the vehicle is
transferred, the administrative fee provided for in this subdivision
shall be waived if the vehicle is brought into compliance.
   (5) A procedure for notifying the Department of Motor Vehicles of
notices of noncompliance issued, so that the Department of Motor
Vehicles may provide effective collection of the administrative fee.
The Department of Motor Vehicles shall cooperate with, and implement
the requirements of, the department in that regard.
   (c) The department may adopt any other regulations necessary for
the effective implementation of this section, as determined by the
department.
   (d) Upon the request of the department, the Department of the
California Highway Patrol shall provide assistance in conducting
roadside auditing, to consist of (1) the stopping of vehicles and
traffic management, and (2) the issuance of notices of noncompliance
to gross polluters. The department shall reimburse the Department of
the California Highway Patrol for its costs of providing those
services. The Department of Transportation and affected local
agencies shall provide necessary assistance and cooperation to the
department in the operation of the program.
   (e) There shall be no repair cost limit imposed pursuant to
Section 44017 for any repairs that are required to be made under the
roadside auditing program, except as provided in Section 44017.
   (f) This section does not apply to vehicles operating under a
valid repair cost waiver or economic hardship extension issued
pursuant to Section 44015.