Bill Text: CA SB519 | 2011-2012 | Regular Session | Amended
Bill Title: Smog check: visual inspection.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB519 Detail]
Download: California-2011-SB519-Amended.html
BILL NUMBER: SB 519 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 25, 2011
INTRODUCED BY Senator La Malfa
FEBRUARY 17, 2011
An act relating to passenger vehicle emissions.
An act to amend Section 44012 of the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 519, as amended, La Malfa. Passenger vehicle
emissions. Smog check: visual inspection.
(1) Existing law establishes a motor vehicle inspection and
maintenance (smog check) program, developed, implemented, and
administered by the Department of Consumer Affairs. The smog check
program provides for the inspection of a motor vehicle, among other
circumstances, upon its initial registration, upon transfer of
ownership, and for vehicles registered in certain areas of the state,
biennially upon renewal of registration. A violation of smog check
requirements is a crime. Existing law requires the smog test to
include a visual or functional check of emission control devices
specified by the department.
This bill, notwithstanding this provision, would prohibit a smog
check technician from conducting an under-the-hood visual inspection
as part of a smog check inspection. Because a violation of this
prohibition would be a crime, the bill would impose a state-mandated
local program.
(2) 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.
Existing law expresses the finding and declaration of the
Legislature that the emission of air pollutants from motor vehicles
is the primary cause of air pollution in many parts of the state.
This bill would express the intent of the Legislature to enact
legislation to address the issues posed by passenger vehicle
emissions during the 2011-12 Regular Session.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44012 of the Health
and Safety Code is amended to read:
44012. The test at the smog check stations shall be performed in
accordance with procedures prescribed by the department and may
require loaded mode dynamometer testing in enhanced areas, two-speed
idle testing, testing utilizing a vehicle's onboard diagnostic
system, or other appropriate test procedures as determined by the
department in consultation with the state board. The department shall
implement testing using onboard diagnostic systems, in lieu of
loaded mode dynamometer or two-speed idle testing, on model year 2000
and newer vehicles only, beginning no earlier than January 1, 2013.
However, the department, in consultation with the state board, may
prescribe alternative test procedures that include loaded mode
dynamometer or two-speed idle testing for vehicles with onboard
diagnostic systems that the department and the state board determine
exhibit operational problems. The department shall ensure, as
appropriate to the test method, the following:
(a) Emission control systems required by state and federal law are
reducing excess emissions in accordance with the standards adopted
pursuant to subdivisions (a) and (c) of Section 44013.
(b) Motor vehicles are preconditioned to ensure representative and
stabilized operation of the vehicle's emission control system.
(c) For other than diesel-powered vehicles, the vehicle's exhaust
emissions of hydrocarbons, carbon monoxide, carbon dioxide, and
oxides of nitrogen in an idle mode or loaded mode are tested in
accordance with procedures prescribed by the department. In
determining how loaded mode and evaporative emissions testing shall
be conducted, the department shall ensure that the emission reduction
targets for the enhanced program are met.
(d) For other than diesel-powered vehicles, the vehicle's fuel
evaporative system and crankcase ventilation system are tested to
reduce any nonexhaust sources of volatile organic compound emissions,
in accordance with procedures prescribed by the department.
(e) For diesel-powered vehicles, a visual inspection is made of
emission control devices and the vehicle's exhaust emissions are
tested in accordance with procedures prescribed by the department,
that may include, but are not limited to, onboard diagnostic testing.
The test may include testing of emissions of any or all of the
pollutants specified in subdivision (c) and, upon the adoption of
applicable standards, measurement of emissions of smoke or
particulates, or both.
(f) A (1) Except as
provided in paragraph (2), a visual or functional
check is made of emission control devices specified by the
department, including the catalytic converter in those instances in
which the department determines it to be necessary to meet the
findings of Section 44001. The visual or functional check shall be
performed in accordance with procedures prescribed by the department.
(2) A smog check technician shall not conduct an under-the-hood
visual inspection as part of a smog check inspection.
(g) A determination as to whether the motor vehicle complies with
the emission standards for that vehicle's class and model-year as
prescribed by the department.
(h) An analysis of pass and fail rates of vehicles subject to an
onboard diagnostic test and a tailpipe test to assess whether any
vehicles passing their onboard diagnostic test have, or would have,
failed a tailpipe test, and whether any vehicles failing their
onboard diagnostic test have or would have passed a tailpipe test.
(i) The test procedures may authorize smog check stations to
refuse the testing of a vehicle that would be unsafe to test, or that
cannot physically be inspected, as specified by the department by
regulation. The refusal to test a vehicle for those reasons shall not
excuse or exempt the vehicle from compliance with all applicable
requirements of this chapter.
SEC. 2. 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.
SECTION 1. It is the intent of the Legislature
to enact legislation to address the issues posed by passenger vehicle
emissions during the 2011-12 Regular Session.
