Bill Text: CA AB550 | 2015-2016 | Regular Session | Amended

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Bill Title: Smog check: exemption: fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-01-07 - From committee: Without further action pursuant to Joint Rule 62(a). [AB550 Detail]

Download: California-2015-AB550-Amended.html

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BILL NUMBER: AB 550	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2016
	AMENDED IN ASSEMBLY  MARCH 26, 2015

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.


	LEGISLATIVE COUNSEL'S DIGEST


   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,  the 
reduction of criteria air pollutants and  the  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 allow  an owner of a motor vehicle that is
  owners of certain motor vehicles that are 
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:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Prior to 2005, California law contained a rolling exemption
from the smog check requirements for motor vehicles that are more
than 30 years old.  
   (b) In 2004, the Legislature enacted Chapter 704 of the Statutes
of 2004, which replaced the rolling exemption with a fixed exemption
for motor vehicles manufactured prior to 1976.  
   (c) As a result, motor vehicles manufactured after 1976 remain
subject to the smog check requirements for the entire life of the
vehicle. 
   SECTION 1.   SEC.   2. 
Section 44011.7 is added to the Health and Safety Code, to read:
   44011.7.  (a) The owner of a motor vehicle that is required to
obtain a certificate of compliance pursuant to Section 44011 may
elect to pay a smog abatement fee of two hundred dollars ($200) if
the motor vehicle meets all of the following criteria:
   (1) Is 30 or more model-years old.
   (2) Was manufactured during or after the 1976 model-year.
   (3) Fails a smog test required pursuant to this chapter.
   (4) Fails a subsequent smog test after necessary repairs were
made.
   (b) Payment of the smog abatement fee established pursuant to this
section shall be made to the Department of Motor Vehicles at the
time of the registration of the motor vehicle.
   (c) Fees collected pursuant to this section shall be deposited in
the Air Quality Improvement Fund created by Section 44274.5. 
   (d) This section does not apply to diesel-powered motor vehicles
or motorcycles.