AB 3097: Smog check: report.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-05-25
Existing law establishes a motor vehicle inspection and maintenance (smog check) program 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 requires the Department of Consumer Affairs to compile and maintain statistical and emissions profiles and data from motor vehicles that are subject to the smog check program and to perform, in cooperation with the State Air Resources Board, analyses of that data and report the results to the public annually. Existing law requires that report to include specified information.
This bill would additionally require that report to include the number of vehicles that are unregistered and the number of vehicles that do not renew registration for which the owners failed to renew their registration with the Department of Motor Vehicles after failing a smog check. The bill would require the Department of Consumer Affairs to work in conjunction with the Department of Motor Vehicles and the state board.
Existing law establishes a motor vehicle inspection and maintenance (smog check) program 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 requires the Department of Consumer Affairs to compile and maintain statistical and emissions profiles and data from motor vehicles that are subject to the smog check program and to perform, in cooperation with the State Air Resources Board, analyses of that data and report the results to the public annually. Existing law requires that report to include specified information.
This bill would additionally require that report to include the number of vehicles that are unregistered and the number of vehicles that do not renew registration after failing a smog check. The bill would require the Department of Consumer Affairs to work in conjunction with the Department of Motor Vehicles and the state board.
Existing law requires the State Department of Social Services to establish a trustline registry for trustline providers who meet prescribed requirements after submitting an application to the department and undergoing a criminal background check, as specified. Existing law defines a trustline provider as a person 18 years of age or older who provides child care, supervision, or in-home educational or counseling services, and who is not required to be licensed as a child day care facility. Existing law requires the California Child Care Resource and Referral Network, among other duties, to establish and maintain a toll-free telephone line to allow parents, employment agencies, child care referral groups and registries, alternative payment programs, and others to determine if a provider is a trustline applicant or a registered trustline child care provider.This bill would make technical, nonsubstantive changes to a provision relating to the trustline registry.Existing law requires the State Department of Social Services to establish a trustline registry for trustline providers who meet prescribed requirements after submitting an application to the department and undergoing a criminal background check, as specified. Existing law defines a trustline provider as a person 18 years of age or older who provides child care, supervision, or in-home educational or counseling services, and who is not required to be licensed as a child day care facility. Existing law requires the California Child Care Resource and Referral Network, among other duties, to establish and maintain a toll-free telephone line to allow parents, employment agencies, child care referral groups and registries, alternative payment programs, and others to determine if a provider is a trustline applicant or a registered trustline child care provider.
This bill would make technical, nonsubstantive changes to a provision relating to the trustline registry.
(a)The department shall compile and maintain statistical and emissions profiles and data from motor vehicles that are subject to the motor vehicle inspection program. The department may use data from any source, including remote sensing data, in use data, and other motor vehicle inspection program data, to develop and confirm the validity of the profiles, to evaluate the program, and to assess the performance of smog check stations. The department shall undertake these requirements directly or seek a qualified vendor for these services.
(b)The department, in cooperation with the state board, shall perform analyses of data collected pursuant to subdivision (a) and report the results to the public annually. The report shall include, at a minimum, all of the following:
(1)An independent validation of the evaluation methods, findings, and conclusions presented in the report.
(2)The percentage of vehicles that initially passed a smog check inspection and then failed a subsequent inspection as indicated by the data collected pursuant to subdivision (a).
(3)The percentage of vehicles that initially failed a smog check inspection and then failed a subsequent inspection as indicated by the data collected pursuant to subdivision (a).
(4)An estimate of excessive emissions resulting from vehicles identified in paragraphs (2) and (3).
(5)A best-efforts explanation regarding the reasons vehicles identified in paragraphs (2) and (3) inappropriately failed or passed an inspection.
(6)Recommended changes to the smog check program to reduce to a minimum the excess emissions identified in paragraph (4). In developing the recommended changes, the department and the state board shall undertake a thorough evaluation of the best practices of other state smog check inspection programs, and shall include in the recommendations how these other state best practices can be incorporated into Californias program. Program recommendations pertaining to contracting with one or more entities to manage smog check stations shall not be implemented unless the Legislature, by statute, authorizes that contracting.
(7)A comparison to the findings of the report Evaluation of the California Smog Check Program Using Random Roadside Data dated March 12, 2009.
(8)The number of vehicles that are unregistered and the number of vehicles that do not renew registration for which the owners failed to renew their registration with the Department of Motor Vehicles after failing a smog check. The department shall make these determinations, to the extent practicable, in conjunction with the Department of Motor Vehicles and the state board.
(c)The department and the state board, in consultation with the Inspection and Maintenance Review Committee, may determine that, in addition to the vehicles excepted pursuant to Section 44011, certain other motor vehicles may be excepted from the biennial certification requirements of this chapter without significantly compromising the emission reduction objectives set forth in the State Implementation Plan (SIP).
(d)The department may conduct a pilot program to except from the biennial certification requirement those vehicles that may be jointly determined by the department and the state board, after consultation with the Inspection and Maintenance Review Committee, to warrant exception. The department shall provide written notification to the Legislature specifying the number of vehicles to be exempted as well as the geographic location and duration of the pilot program not less than 30 days prior to the implementation of the pilot program. The department shall submit the results of the pilot program to the state board and the Inspection and Maintenance Review Committee for review. Subject to the approval of the United States Environmental Protection Agency as an amendment to the SIP, the department may establish the exception program as a permanent program.
(e)For vehicles four model years old or less, the department shall use test data generated pursuant to Section 44014.7 to develop statistical and emissions profiles. The department may use data from any source, including remote sensing data, warranty repair and recall data, and other motor vehicle inspection program data, to develop and confirm the validity of the data. If the department and state board jointly determine that the emissions from a class of motor vehicles would potentially compromise the emission reduction objectives set forth in the SIP, the state board shall consider appropriate corrective action, including, but not limited to, recall pursuant to Section 43105.
(a)The department shall compile and maintain statistical and emissions profiles and data from motor vehicles that are subject to the motor vehicle inspection program. The department may use data from any source, including remote sensing data, in use data, and other motor vehicle inspection program data, to develop and confirm the validity of the profiles, to evaluate the program, and to assess the performance of smog check stations. The department shall undertake these requirements directly or seek a qualified vendor for these services.
(b)The department, in cooperation with the state board, shall perform analyses of data collected pursuant to subdivision (a) and report the results to the public annually, beginning no later than July 1, 2011. annually. The report shall include, at a minimum, all of the following:
(1)An independent validation of the evaluation methods, findings, and conclusions presented in the report.
(2)The percentage of vehicles that initially passed a smog check inspection and then failed a subsequent inspection as indicated by the data collected pursuant to subdivision (a).
(3)The percentage of vehicles that initially failed a smog check inspection and then failed a subsequent inspection as indicated by the data collected pursuant to subdivision (a).
(4)An estimate of excessive emissions resulting from vehicles identified in paragraphs (2) and (3).
(5)A best-efforts explanation regarding the reasons vehicles identified in paragraphs (2) and (3) inappropriately failed or passed an inspection.
(6)Recommended changes to the smog check program to reduce to a minimum the excess emissions identified in paragraph (4). In developing the recommended changes, the department and the state board shall undertake a thorough evaluation of the best practices of other state smog check inspection programs, and shall include in the recommendations how these other state best practices can be incorporated into Californias program. Program recommendations pertaining to contracting with one or more entities to manage smog check stations shall not be implemented unless the Legislature, by statute, authorizes that contracting.
(7)A comparison to the findings of the report Evaluation of the California Smog Check Program Using Random Roadside Data dated March 12, 2009.
(8)The number of vehicles that are unregistered and the number of vehicles that do not renew registration after failing a smog check. The department shall make these determinations, to the extent practicable, in conjunction with the Department of Motor Vehicles and the state board.
(c)The department and the state board, in consultation with the Inspection and Maintenance Review Committee, may determine that, in addition to the vehicles excepted pursuant to Section 44011, certain other motor vehicles may be excepted from the biennial certification requirements of this chapter without significantly compromising the emission reduction objectives set forth in the State Implementation Plan (SIP).
(d)The department may conduct a pilot program to except from the biennial certification requirement those vehicles that may be jointly determined by the department and the state board, after consultation with the Inspection and Maintenance Review Committee, to warrant exception. The department shall provide written notification to the Legislature specifying the number of vehicles to be exempted as well as the geographic location and duration of the pilot program not less than 30 days prior to the implementation of the pilot program. The department shall submit the results of the pilot program to the state board and the Inspection and Maintenance Review Committee for review. Subject to the approval of the United States Environmental Protection Agency as an amendment to the SIP, the department may establish the exception program as a permanent program.
(e)For vehicles four model years old or less, the department shall use test data generated pursuant to Section 44014.7 to develop statistical and emissions profiles. The department may use data from any source, including remote sensing data, warranty repair and recall data, and other motor vehicle inspection program data, to develop and confirm the validity of the data. If the department and state board jointly determine that the emissions from a class of motor vehicles would potentially compromise the emission reduction objectives set forth in the SIP, the state board shall consider appropriate corrective action, including, but not limited to, recall pursuant to Section 43105.
SECTION 1.Section 1596.643 of the Health and Safety Code is amended to read:1596.643.(a) The California Child Care Resource and Referral Network shall have the following responsibilities:(1) Establish and maintain a toll-free telephone line to allow parents, employment agencies, child care referral groups and registries, alternative payment programs, and others to determine if a provider is a trustline applicant or a registered trustline child care provider.(2) Develop a statewide promotion plan, publicize statewide existence, benefits, and methods of accessing the trustline for both parents and providers, and distribute trustline applications statewide.(3) Monitor and provide assistance to child care resource and referral agencies in carrying out their trustline responsibilities.(4) Seek private financial support for the trustline.(5) Ensure that the trustline is accessible to all persons in the state, regardless of their ability to speak English.(b) Officers or employees of the California Child Care Resource and Referral Network shall not be liable for any injury caused by their conduct pursuant to paragraph (1) of subdivision (a), except for intentional conduct or gross negligence.(a) The California Child Care Resource and Referral Network shall have the following responsibilities:
(1) Establish and maintain a toll-free telephone line to allow parents, employment agencies, child care referral groups and registries, alternative payment programs, and others to determine if a provider is a trustline applicant or a registered trustline child care provider.
(2) Develop a statewide promotion plan, publicize statewide existence, benefits, and methods of accessing the trustline for both parents and providers, and distribute trustline applications statewide.
(3) Monitor and provide assistance to the child care resource and referral agencies in carrying out their trustline responsibilities.
(4) Seek private financial support for the trustline.
(5) Ensure that the trustline is accessible to all persons in the state, regardless of their ability to speak English.
(b) Officers or employees of the California Child Care Resource and Referral Network shall not be liable for any injury caused by their conduct pursuant to paragraph (1) of subdivision (a), except for intentional conduct or gross negligence.
|
Date
|
Status
|
|---|---|
| Jun 13, 2018 | Referred to Com. on RLS. |
| May 31, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 29, 2018 | Read second time. Ordered to third reading. |
| May 25, 2018 | From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 25). |
| May 9, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 24, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 23). Re-referred to Com. on APPR. |
| Apr 2, 2018 | Re-referred to Com. on TRANS. |
| Mar 22, 2018 | Referred to Com. on TRANS. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 30, 2018 | AB 3097 SALAS Assembly Third Reading | Assembly Floor |
Passed |
|
| May 25, 2018 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 23, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
ASSEMBLY THIRD READING
ATR Bill Id:AB 3097
Author:(Salas)
As Amended Ver:May 25, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Transportation | 14-0 | Frazier, Fong, Aguiar-Curry, Baker, Berman, Chu, Daly, Friedman, Gipson, Harper, Mathis, Medina, Nazarian, O'Donnell | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Requires the Department of Consumer Affairs' Bureau of Automotive Repair (BAR) to add specific data to their annual Smog Check Performance Report. Specifically, this bill requires BAR, in coordination with the Department of Motor Vehicles (DMV) and the Air Resources Board (ARB), to the extent practicable, to include in their annual Smog Check Program Report the number of vehicles for which the owners failed to renew their registration after failing a smog check inspection.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Minor costs for BAR to include the information in its annual report.
- Minor costs in the tens of thousands of dollars for DMV for information technology programming necessary to provide information to BAR.
- Minor and absorbable costs to ARB.
COMMENTS: The purpose of the state's Smog Check Program is to reduce air pollution from vehicles by making sure that cars with excessive emissions are repaired in accordance with federal and state requirements. The program is a joint effort between ARB, BAR, and DMV and is administered by BAR. Typically, a vehicle owner can get their vehicle inspected by any of the 7,000 State-licensed and independently-owned stations throughout the state. However, some vehicles, including gross-polluting vehicles, require a smog check at a STAR station. STAR stations meet "higher" performance standards established by BAR.
To evaluate the efficacy of the smog check program, in 2009, an independent research entity, Sierra Research, released a report entitled "Evaluation of the California Smog Check Program Using Random Roadside Data". In that report, Sierra concluded that vehicles that were smog checked were not properly repaired or inspected after studying the rate at which vehicles that were previously certified by a smog check station failed a subsequent roadside inspection.
AB 2289 (Eng), Chapter 258, Statutes of 2010, was enacted subsequent to the Sierra report, was designed to modernize the Smog Check Program and authorized BAR to address specified known issues, including re-fail rates of vehicles. In response to AB 2289 and following a series of public workshops, BAR implemented the STAR Program (which certifies smog check stations and technicians meeting specified performance standards for the testing of directed vehicles) in 2013, and in 2014 implemented the On-Board Diagnostics Inspection System (which requires the inspector to attach vehicle components to a smog check machine and run the test for certain codes) as a substitute for tailpipe testing of newer vehicles. AB 2289 also enhanced BAR's ability to identify stations performing improper inspections and required BAR to perform annual evaluations of the Smog Check Program using roadside inspection data. These and other measures are described in the annual public Smog Check Performance Reports prepared and published by BAR in cooperation with ARB.
The annual Smog Check Performance Report, among other things, gives a detailed analysis of the smog check program, specified pass and fail rates based on roadside inspection data and recommends changes to the Smog Check Program to reduce excess emissions from vehicles that fail smog checks. This bill will build on the information already gathered by BAR and require BAR to include, in coordination with DMV and to the extent practicable, in their annual Smog Check Program Report the number of vehicles that are not registered in the state after failing a smog test as required by the DMV.
According to the author, "Although there are programs to help repair and replace high-polluting vehicles, there is a data gap in determining how many unregistered vehicles exist in the state, in particular, those that fail to renew their vehicle registration after they fail the smog test. AB 3097 seeks to fill this data gap."
Please see the policy committee analysis for full discussion of this bill.
Analysis Prepared by: Cynthia Alvarez / TRANS. / (916) 319-2093 FN: 0003268
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 3097
Author:(Salas) – As Amended Ver:March 22, 2018
Policy Committee: | Transportation | Vote: | 14 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Consumer Affairs’ Bureau of Automotive Repair (BAR) to add specific data to its annual Smog Check Performance Report. Specifically, this bill requires BAR, in coordination with the Department of Motor Vehicles (DMV) and the Air Resources Board (ARB) to include in its annual Smog Check Program Report the number of vehicles that are unregistered in the state, including the number of vehicles that do not renew their registration after failing a smog check inspection.
FISCAL EFFECT:
- Potentially significant costs up to the hundreds of thousands of dollars for BAR to include the information in its annual report.
- Minor costs in the tens of thousands of dollars for DMV for information technology programming necessary to provide information to BAR.
- Minor and absorbable costs to ARB.
COMMENTS:
Background and purpose. The annual Smog Check Performance Report, among other things, gives a detailed analysis of the smog check program and specified pass and fail rates based on roadside inspection data. The report also recommends changes to the Smog Check Program to reduce excess emissions from vehicles that fail smog checks. This bill will build on the information already gathered by BAR and require BAR to include, in coordination with DMV and to the extent practicable, in their annual Smog Check Program Report the number of vehicles that are currently unregistered in the state, including the number of vehicles that do not renew their registration after failing a smog test as required by the DMV. According to the author:
Although there are programs to help repair and replace high-polluting vehicles, there is a data gap in determining how many unregistered vehicles exist in the state, in particular, those that fail to renew their vehicle registration after they fail the smog test. AB 3097 seeks to fill this data gap.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: April 23, 2018
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 3097 (
Author:Salas) – As Amended Ver:March 22, 2018
SUBJECT: Smog check: report
SUMMARY: Requires the Department of Consumer Affairs’ Bureau of Automotive Repair (BAR) to add specific data to their annual Smog Check Performance Report. Specifically, this bill requires BAR, in coordination with the Department of Motor Vehicles (DMV) and the Air Resources Board (ARB), to the extent practicable, to include in their annual Smog Check Program Report the number of vehicles that are not currently registered in the state, including the number of vehicles that do not renew their registration after failing a smog check inspection.
EXISTING LAW:
- Establishes the smog check program, administered by BAR, that generally requires vehicles, with some exceptions, to undergo smog check inspections. Specifically, vehicle owners must have their vehicles tested upon initial registration, transfer of ownership and biennially, with some exceptions.
- Requires a vehicle owner, with some exceptions, to submit to DMV a valid certificate of compliance indicating that the vehicle has passed its smog check inspection. If a vehicle fails any component of a smog inspection, the vehicle owner must, with some exceptions, repair the vehicle and pass a subsequent smog inspection before being able to register or renew the registration of the vehicle.
- Prohibits a person from driving, moving, or leaving a vehicle or trailer on a highway or in an off-street parking facility unless it is registered with DMV.
- Requires BAR, in cooperation with ARB, to institute procedures for auditing the emissions of vehicles while actually being driven on the streets and highways of the state (roadside testing).
- Requires BAR, in cooperation with ARB, to prepare for the public an annual Smog Check Performance Report on BAR’s smog check program and requires the report to include the following components:
- An independent validation of the evaluation methods, findings, and conclusions presented in the report.
- The percentage of vehicles that initially passed smog check inspection and then failed a subsequent inspection.
- The percentage of vehicles that initially failed a smog check inspection and then failed a subsequent inspection.
- An estimate of excessive emissions resulting from vehicles that initially passed a smog check inspection and then failed a subsequent inspection and from vehicles that initially failed their inspection and then failed a subsequent inspection.
- A best-efforts explanation regarding the reasons why those vehicles inappropriately failed or passed an inspection.
- Recommended changes to the smog check program to reduce to a minimum the excess emissions identified above. In developing the recommended changes, requires BAR and ARB to undertake a thorough evaluation of the best practices of other state smog check inspection programs and to include how best practices from other states can be incorporated into California's program.
- A comparison to the findings of the report "Evaluation of the California Smog Check Program Using Random Roadside Data" dated March 12, 2009.
FISCAL EFFECT: Unknown
COMMENTS: The purpose of the state’s Smog Check Program is to reduce air pollution from vehicles by making sure that cars with excessive emissions are repaired in accordance with federal and state requirements. The program is a joint effort between ARB, BAR, and DMV and is administered by BAR. Typically, a vehicle owner can get their vehicle inspected by any of the 7,000 State-licensed and independently-owned stations throughout the state. However, some vehicles, including gross-polluting vehicles, require a smog check at a STAR station. STAR stations meet “higher” performance standards established by BAR.
To evaluate the efficacy of the smog check program, in 2009, an independent research entity, Sierra Research, released a report entitled “Evaluation of the California Smog Check Program Using Random Roadside Data”. In that report, Sierra concluded that vehicles that were smog checked were not properly repaired or inspected after studying the rate at which vehicles that were previously certified by a smog check station failed a subsequent roadside inspection.
AB 2289 (Eng), Chapter 258, Statutes of 2010, was enacted subsequent to the Sierra report, was designed to modernize the Smog Check Program and authorized BAR to address specified known issues, including re-fail rates of vehicles. In response to AB 2289 and following a series of public workshops, BAR implemented the STAR Program (which certifies smog check stations and technicians meeting specified performance standards for the testing of directed vehicles) in 2013, and in 2014 implemented the On-Board Diagnostics Inspection System (which requires the inspector to attach vehicle components to a smog check machine and run the test for certain codes) as a substitute for tailpipe testing of newer vehicles. AB 2289 also enhanced BAR’s ability to identify stations performing improper inspections and required BAR to perform annual evaluations of the Smog Check Program using roadside inspection data. These and other measures are described in the annual public Smog Check Performance Reports prepared and published by BAR in cooperation with ARB.
The annual Smog Check Performance Report, among other things, gives a detailed analysis of the smog check program, specified pass and fail rates based on roadside inspection data and recommends changes to the Smog Check Program to reduce excess emissions from vehicles that fail smog checks. This bill will build on the information already gathered by BAR and require BAR to include, in coordination with DMV and to the extent practicable, in their annual Smog Check Program Report the number of vehicles that are not currently registered in the state, including the number of vehicles that do not renew their registration after failing a smog test as required by the DMV.
According to the author, “Although there are programs to help repair and replace high-polluting vehicles, there is a data gap in determining how many unregistered vehicles exist in the state, in particular, those that fail to renew their vehicle registration after they fail the smog test. AB 3097 seeks to fill this data gap.”
Previous Legislation: AB 1274 (O’Donnell), Chapter 633, Statutes of 2017, exempts, beginning January 1, 2019, motor vehicles that are 8 model years old or less from being inspected biennially upon renewal of registration and assesses an annual smog abatement fee on those vehicles.
SB 773 (Allen), Chapter 776, Statutes of 2016, requested the University of California to conduct a study on motor vehicle registration fraud and failure to register a motor vehicle, and requested the University of California to post a report of the study on its Internet Web site no later than January 1, 2018.
AB 8 (Perea), Chapter 401, Statutes of 2013, extended various temporary, vehicle-related, state and local fees and surcharges to fund vehicle-related air quality, greenhouse gas (GHG) and related programs, including an increase in the smog abatement fee.
AB 2289 (Eng), Chapter 258, Statutes of 2010, required BAR to make several changes to the smog check program, including requiring that vehicles be inspected using the vehicle’s onboard diagnostic equipment and establishing performance standards for certain smog check stations, and required BAR to prepare an annual report with specified information.
SB 1107 (Committee on Budget and Fiscal Review), Chapter 230, Statutes of 2004, exempted any motor vehicle up to 6 model-years old from the smog check requirement and increased the annual smog abatement fee for these now exempt vehicles.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Cynthia Alvarez / TRANS. / (916) 319-2093
Discussed in Hearing
View Older Hearings
Bill Author
Bill Co-Author(s):