Bill Text: CA AB474 | 2011-2012 | Regular Session | Amended
Bill Title: Vehicles: inspections: smog-check: transfer of ownership
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB474 Detail]
Download: California-2011-AB474-Amended.html
BILL NUMBER: AB 474 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Jones
FEBRUARY 15, 2011
An act to amend Section 39510 of the Health and Safety
Code, relating to air pollution. An act to amend
Section 44015 of the Health and Safety Code, and to amend Section
4000.1 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 474, as amended, Jones. State Air Resources Board.
Vehicles: inspections: smog-check: transfer of
ownership certificates.
Existing law establishes a motor vehicle inspection and
maintenance (smog-check) program, administered by the Department of
Consumer Affairs and the State Air Resources Board, which 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, upon initial registration, and upon transfer of
ownership and registration, of a motor vehicle, and upon registration
of a motor vehicle previously registered outside this state that is
subject to those provisions, a valid certificate of compliance or a
certificate of noncompliance, as appropriate, with respect to smog
certification. Existing law specifies that a certificate of
compliance or noncompliance is valid for 90 days, except as provided.
This bill would extend the period during which a certificate of
compliance or noncompliance is valid to 180 days.
Existing law establishes in the California Environmental
Protection Agency the State Air Resources Board, which is responsible
for control of emissions from motor vehicles and is designated the
air pollution control agency for all purposes set forth in federal
law. Existing law requires the state board to consist of 11 members
appointed based on certain qualifications.
This bill would make technical, nonsubstantive changes to those
provisions relating to the membership of the state board.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44015 of the Health
and Safety Code is amended to read:
44015. (a) A licensed smog check station shall not issue a
certificate of compliance, except as authorized by this chapter, to
any a vehicle that meets the following
criteria:
(1) A vehicle that has been tampered with.
(2) A vehicle identified pursuant to subparagraph (K) of paragraph
(3) of subdivision (b) of Section 44036. A vehicle identified
pursuant to subparagraph (K) of paragraph (3) of subdivision (b) of
Section 44036 shall be directed to the department to determine
whether an inadvertent error can explain the irregularity, or whether
the vehicle otherwise meets smog check requirements, allowing the
certificate for compliance to be issued, or the vehicle shall be
reinspected by a referee or another smog check station.
(3) A vehicle that, prior to repairs, has been initially
identified by the smog check station as a gross polluter.
Certification of a gross polluting vehicle shall be conducted 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.
(4) A vehicle described in subdivision (c).
(b) If a vehicle meets the requirements of Section 44012, a smog
check station licensed to issue certificates shall issue a
certificate of compliance or a certificate of noncompliance.
(c) (1) A repair cost waiver shall be issued, upon request of the
vehicle owner, by an entity authorized to perform referee functions
for a vehicle that has been properly tested but does not meet the
applicable emission standards when it is determined that no
adjustment or repair can be made that will reduce emissions from the
inspected motor vehicle without exceeding the applicable repair cost
limit established under Section 44017 and that every defect specified
by paragraph (2) of subdivision (a) of Section 43204, and by
paragraphs (2) and (3) of subdivision (a) of Section 43205, has been
corrected. A repair cost waiver issued pursuant to this paragraph
shall be accepted in lieu of a certificate of compliance for the
purposes of compliance with Section 4000.3 of the Vehicle Code.
No A repair cost waiver shall not
exceed two years' duration. No A
repair cost waiver shall not be issued until the vehicle
owner has expended an amount equal to the applicable repair cost
limit specified in Section 44017.
(2) An economic hardship extension shall be issued, upon request
of a qualified low-income motor vehicle owner, by an entity
authorized to perform referee functions, for a motor vehicle that has
been properly tested but does not meet the applicable emission
standards when it is determined that no adjustment or repair can be
made that will reduce emissions from the inspected motor vehicle
without exceeding the applicable repair cost limit, as established
pursuant to Section 44017.1, that every defect specified in paragraph
(2) of subdivision (a) of Section 43204, and in paragraphs (2) and
(3) of subdivision (a) of Section 43205, has been corrected, that the
low-income vehicle owner would suffer an economic hardship if the
extension is not issued, and that all appropriate emissions-related
repairs up to the amount of the applicable repair cost limit in
Section 44017.1 have been performed.
(d) No A repair cost waiver or
economic hardship extension shall not be issued under any
of the following circumstances:
(1) If a motor vehicle was issued a repair cost waiver or economic
hardship extension in the previous biennial inspection of that
vehicle. A repair cost waiver or economic hardship extension may be
issued to a motor vehicle owner only once for a particular motor
vehicle belonging to that owner. However, a repair cost waiver or
economic hardship extension may be issued for a motor vehicle that
participated in a previous waiver or extension program prior to
January 1, 1998, as determined by the department. For waivers or
extensions issued in the program operative on or after January 1,
1998, a waiver or extension may be issued for a motor vehicle only
once per owner.
(2) Upon initial registration of all of the following:
(A) A direct import motor vehicle.
(B) A motor vehicle previously registered outside this state.
(C) A dismantled motor vehicle pursuant to Section 11519 of the
Vehicle Code.
(D) A motor vehicle that has had an engine change.
(E) An alternate fuel vehicle.
(F) A specially constructed vehicle.
(e) Except as provided in subdivision (f), a certificate of
compliance or noncompliance shall be valid for 90
180 days.
(f) Excluding any a vehicle whose
transfer of ownership and registration is described in subdivision
(d) of Section 4000.1 of the Vehicle Code, and except as otherwise
provided in Sections 4000.1, 24007, 24007.5, and 24007.6 of the
Vehicle Code, a licensed motor vehicle dealer shall be responsible
for having a smog check inspection performed on, and a certificate of
compliance or noncompliance issued for, every motor vehicle offered
for retail sale. A certificate issued to a licensed motor vehicle
dealer shall be valid for a two-year period, or until the vehicle is
sold and registered to a retail buyer, whichever occurs first.
(g) A test may be made at any time within 90 days prior to the
date otherwise required.
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 a motor vehicle subject to Part 5
(commencing with Section 43000) of Division 26 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 motor 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 180-day validity period of a
smog certificate as specified in Section 44015 of the Health and
Safety Code.
(2) The transferor is the parent, grandparent, sibling, child,
grandchild, or spouse of the transferee.
(3) A motor vehicle registered to a sole proprietorship is
transferred to the proprietor as owner.
(4) The transfer is between companies the principal business of
which is leasing motor vehicles, if there is no change in the lessee
or operator of the motor vehicle or between the lessor and the person
who has been, for at least one year, the lessee's operator of the
motor vehicle.
(5) The transfer is between the lessor and lessee of the motor
vehicle, if there is no change in the lessee or operator of the motor
vehicle.
(6) The motor vehicle was manufactured prior to the 1976
model-year.
(7) Except for diesel-powered vehicles, the transfer is for a
motor vehicle that is four or less model-years old. The department
shall impose a fee of eight dollars ($8) on the transferee of a motor
vehicle that is four or less model-years old. Revenues generated
from the imposition of that fee shall be deposited into the Vehicle
Inspection and Repair Fund.
(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 if an additional individual is added as a
registered owner of the motor vehicle.
(g) For purposes of subdivision (a), any a
collector motor vehicle, as defined in Section 259, is exempt
from those portions of the test required by subdivision (f) of
Section 44012 of the Health and Safety Code , if
the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model-years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model year as prescribed
by the department , and the motor vehicle passes
a functional inspection of the fuel cap and a visual inspection for
liquid fuel leaks.
SECTION 1. Section 39510 of the Health and
Safety Code is amended to read:
39510. (a) The State Air Resources Board is continued in
existence in the California Environmental Protection Agency. The
state board shall consist of 11 members.
(b) The members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their demonstrated interest
and proven ability in the field of air pollution control and their
understanding of the needs of the general public in connection with
air pollution problems. Six members shall have the following
qualifications:
(1) One member shall have training and experience in automotive
engineering, or closely related fields.
(2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
(3) One member shall be a physician and surgeon, or an authority
on health effects of air pollution.
(4) Two members shall be public members.
(5) One member shall have the qualifications specified in
paragraph (1), (2), or (3), or shall have experience in the field of
air pollution control.
(c) Five members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (b) to the extent
practicable. Of these five members, one shall be a board member from
the south coast district, one shall be a board member from the bay
district, one shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District, or, if the unified district
is abolished, from the San Joaquin Valley Air Quality Management
District if created pursuant to Section 5 of Chapter 915 of the
Statutes of 1994, one shall be a board member from the San Diego
County Air Pollution Control District, and one shall be a board
member of another district.
(d) A vacancy shall be filled by the Governor within 30 days of
the date on which it occurs. If the Governor fails to make an
appointment for a vacancy within the 30-day period, the Senate
Committee on Rules may make the appointment to fill the vacancy in
accordance with this section.
(e) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. No member of the state board shall be precluded from voting
or otherwise acting upon a matter solely because that member has
voted or acted upon the matter in his or her capacity as a member of
a district board, except that no member of the state board who is
also a member of a district board shall participate in an action
regarding his or her district taken by the state board pursuant to
Sections 41503 to 41505, inclusive.
(f) Notwithstanding subdivision (e) of Section 1 of Chapter 1201
of the Statutes of 1991, this section shall become operative on
January 1, 1994.
