AB 1263: Vehicles: Bureau of Automotive Repair: smog check program.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-10
Current Status:
Passed
(2023-10-10: Chaptered by Secretary of State - Chapter 681, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill revises rules for automotive repair dealers, smog‑check stations, and vehicle safety inspections. It expands the definition of an automotive repair dealer to include businesses that collect payment for referred or sublet repairs, creates a new vehicle safety systems inspection license for stations and technicians and requires a safety‑systems certificate for rebuilt or salvage vehicles, and lets the Bureau of Automotive Repair adopt regulations to enforce registration and lien rules. The bill also changes smog‑check operations by directing some tests to referee or contracted inspection networks (which may charge fees), expands what counts as a fraudulent inspection, treats smog inspectors and technicians as "qualified" together, extends onboard diagnostic testing to 1996–1999 model years, and moves certain reporting from annual to biennial.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(1)Existing law, the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor unless otherwise specified. Existing law authorizes the Director of Consumer Affairs to adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of the act and declare the policy of the bureau. Existing law subjects the bureau to review by the appropriate policy committees of the Legislature, as specified, and requires that review to be performed as if the act were scheduled to be repealed on January 1, 2024.
This bill would extend the above-described date to January 1, 2028.
(2)Existing law defines automotive repair dealer for purposes of the Automotive Repair Act to mean a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.
This bill would amend that definition to additionally include a person who engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(3)Existing law prohibits a person required to have a valid registration under the Automotive Repair Act from having the benefit of a lien for labor or materials or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
This bill would authorize the Bureau of Automotive Repair to adopt regulations to carry out that prohibition as necessary.
(4)Existing law requires the Director of Consumer Affairs to adopt regulations that prescribe the equipment and other qualifications as a condition to licensing a station as an official station for adjusting lamps or brakes and to prescribe the qualifications of adjusters employed in those stations. Existing law requires a licensed adjuster in a licensed station to issue a certificate of adjustment when requested by the owner or driver of the vehicle if the adjuster determines that the lamps or the brakes of the vehicle conform with the applicable requirements of law. Under existing law, a violation of the provisions regulating lamp and brake adjusting stations is an infraction.
Existing law requires the Director of Consumer Affairs to issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. Existing law requires the director to develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components. Existing law requires the director to adopt regulations by January 1, 2024, including, but not limited to, the application fee and process for applicants and the certification process for vehicles, as specified.
Existing law provides that the vehicle safety systems inspection license replaces licenses issued pursuant to the existing provisions governing the licensure of lamp and brake adjusting stations and adjusters and repeals those provisions on the effective date of the new regulations. Existing law provides that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the adoption of those regulations.
This bill would instead repeal those provisions 6 months after the effective date of the new regulations and would also provide that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the effective date of the new regulations. The bill would make conforming changes. By extending the operation of those provisions regulating lamp and brake adjusting stations, the violation of which is an infraction, this bill would impose a state-mandated local program.
(5)Existing law requires the Bureau of Automotive Repair and other state licensing entities to disclose on the internet certain information related to enforcement actions the state licensing entity has taken against its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
This bill would change the list of licensees within the bureau for this purpose to instead include automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(6)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 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 to implement a program to test a portion of the state vehicle fleet registered in an enhanced program area, as specified, at test-only facilities and authorizes the department to implement the program through privately operated test-only facilities pursuant to contracts to be awarded pursuant to specified requirements.
This bill would revise and recast this program by, among other things, deleting provisions relating to the contracting of test-only facilities. The bill would also require certain vehicles included for testing in the program to be tested by referee facilities or a similar contracted inspection network established by the department. The bill would authorize a referee to charge a fee sufficient to cover the cost of performing inspections of those vehicles. The bill would make other conforming changes for these purposes.
(7)Existing law authorizes smog tests to include certain test methods and requires the department to implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or 2-speed idle testing, only on model year 2000 and newer vehicles, beginning no earlier than January 1, 2013, and otherwise authorizes the Department of Consumer Affairs, in consultation with the State Air Resources Board, to determine the appropriate test procedures, as specified.
This bill would, beginning no earlier than January 1, 2025, also require the department to implement testing using onboard diagnostic systems, in lieu of the above-described test methods, only on model year 19961999 vehicles.
(8)Existing law requires the Department of Consumer Affairs to provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year.
This bill would provide that, for purposes of the provisions of relating to the smog check program, the term qualified smog check technician refers to both smog check technicians and smog check inspectors.
(9)Existing law requires the Department of Consumer Affairs to develop a program for the voluntary certification of licensed smog check stations, or to accept a smog check station certification program proposed by accredited industry representatives, for the purpose of providing consumers, whose vehicles fail an emissions test at a test-only facility, an option of services at a single location for vehicle certification, as specified. Existing law requires smog check stations that seek voluntary certification under this program to enter into an agreement with the department to provide certain repair services.
This bill would delete the stated purpose of the program. The bill would authorize, rather than require, a smog check station that seeks voluntary certification under the program to enter into the above-described agreement. The bill would also require certain vehicles required by the department to obtain a certificate of compliance each year in enhanced program areas or in basic program areas to receive their certificate from smog check stations certified under this program rather than from a test-only facility.
(10)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 motor vehicle inspection program and, in cooperation with the State Air Resources Board, to perform analyses of that data and report the results to the public on an annual basis.
This bill would instead require the department, in cooperation with the state board, to report the results of those analyses on a biennial basis.
(11)Existing law requires the Department of Consumer Affairs to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. Under existing law, a fraudulent inspection includes clean piping, as defined by the department.
This bill would provide that a fraudulent inspection, for purposes of this provision, includes clean plugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(12)Existing law authorizes a fleet owner, as defined, to operate a facility, licensed by the Commissioner of the California Highway Patrol, to inspect and maintain fleet vehicles. Existing law prohibits such a licensed facility from certifying the adjustment of lamps or brakes or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
This bill would instead prohibit a licensed fleet inspection and maintenance facility from certifying vehicle safety systems or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
(13)Existing law prohibits the subsequent registration of a vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle until certain documentation, including an official lamp and brake adjustment certificate, has been submitted to the Department of Motor Vehicles.
This bill would, instead of an official lamp and brake adjustment certificate, require the submission of a vehicle safety systems certificate of compliance to the department before the subsequent registration of a total loss salvage vehicle or dismantled vehicle, as specified.
(14)Existing law prohibits a person from violating a written promise to correct or willfully failing to deliver proof of correction of a correctable motor vehicle equipment violation. Existing law provides that proof or correction can be certified by a peace officer, the Department of Motor Vehicles, a court clerk, a licensed lamp and brake adjusting station, or a licensed smog inspection station, as specified.
This bill would, instead of certification by a licensed lamp and brake adjusting station, authorize proof of correction for certain violations to be provided by a station licensed or contracted to certify vehicle safety systems, as specified.
(15)Existing law prohibits a dealer or person holding a retail sellers permit from selling a new or used vehicle that is not in compliance with specified statutes and regulations, unless the vehicle is sold to another dealer, for the purpose of being legally wrecked or dismantled, or for off-highway use exclusively.
This bill would require a salvage vehicle rebuilder, when selling a total loss salvage vehicle, to provide the purchaser with a valid vehicle safety systems certificate of compliance, as specified, prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or for the purpose of being legally wrecked or dismantled. The bill would make findings and declarations of the Legislature.
(16)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.
(17)This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 373 to be operative only if this bill and SB 373 are enacted and this bill is enacted last.
(1)Existing law, the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor unless otherwise specified. Existing law authorizes the Director of Consumer Affairs to adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of the act and declare the policy of the bureau. Existing law subjects the bureau to review by the appropriate policy committees of the Legislature, as specified, and requires that review to be performed as if the act were scheduled to be repealed on January 1, 2024.
This bill would extend the above-described date to January 1, 2028.
(2)Existing law defines automotive repair dealer for purposes of the Automotive Repair Act to mean a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.
This bill would amend that definition to additionally include a person who engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(3)Existing law prohibits a person required to have a valid registration under the Automotive Repair Act from having the benefit of a lien for labor or materials or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
This bill would authorize the Bureau of Automotive Repair to adopt regulations to carry out that prohibition as necessary.
(4)Existing law requires the Director of Consumer Affairs to adopt regulations that prescribe the equipment and other qualifications as a condition to licensing a station as an official station for adjusting lamps or brakes and to prescribe the qualifications of adjusters employed in those stations. Existing law requires a licensed adjuster in a licensed station to issue a certificate of adjustment when requested by the owner or driver of the vehicle if the adjuster determines that the lamps or the brakes of the vehicle conform with the applicable requirements of law. Under existing law, a violation of the provisions regulating lamp and brake adjusting stations is an infraction.
Existing law requires the Director of Consumer Affairs to issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. Existing law requires the director to develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components. Existing law requires the director to adopt regulations by January 1, 2024, including, but not limited to, the application fee and process for applicants and the certification process for vehicles, as specified.
Existing law provides that the vehicle safety systems inspection license replaces licenses issued pursuant to the existing provisions governing the licensure of lamp and brake adjusting stations and adjusters and repeals those provisions on the effective date of the new regulations. Existing law provides that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the adoption of those regulations.
This bill would instead repeal those provisions 6 months after the effective date of the new regulations and would also provide that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the effective date of the new regulations. The bill would make conforming changes. By extending the operation of those provisions regulating lamp and brake adjusting stations, the violation of which is an infraction, this bill would impose a state-mandated local program.
(5)Existing law requires the Bureau of Automotive Repair and other state licensing entities to disclose on the internet certain information related to enforcement actions the state licensing entity has taken against its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
This bill would change the list of licensees within the bureau for this purpose to instead include automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(6)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 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 to implement a program to test a portion of the state vehicle fleet registered in an enhanced program area, as specified, at test-only facilities and authorizes the department to implement the program through privately operated test-only facilities pursuant to contracts to be awarded pursuant to specified requirements.
This bill would revise and recast this program by, among other things, deleting provisions relating to the contracting of test-only facilities. The bill would also require certain vehicles included for testing in the program to be tested by referee facilities or a similar contracted inspection network established by the department. The bill would authorize a referee to charge a fee sufficient to cover the cost of performing inspections of those vehicles. The bill would make other conforming changes for these purposes.
(7)Existing law authorizes smog tests to include certain test methods and requires the department to implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or 2-speed idle testing, only on model year 2000 and newer vehicles, beginning no earlier than January 1, 2013, and otherwise authorizes the Department of Consumer Affairs, in consultation with the State Air Resources Board, to determine the appropriate test procedures, as specified.
This bill would, beginning no earlier than January 1, 2025, also require the department to implement testing using onboard diagnostic systems, in lieu of the above-described test methods, only on model year 19961999 vehicles.
(8)Existing law requires the Department of Consumer Affairs to provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year.
This bill would provide that, for purposes of the provisions of relating to the smog check program, the term qualified smog check technician refers to both smog check technicians and smog check inspectors.
(9)Existing law requires the Department of Consumer Affairs to develop a program for the voluntary certification of licensed smog check stations, or to accept a smog check station certification program proposed by accredited industry representatives, for the purpose of providing consumers, whose vehicles fail an emissions test at a test-only facility, an option of services at a single location for vehicle certification, as specified. Existing law requires smog check stations that seek voluntary certification under this program to enter into an agreement with the department to provide certain repair services.
This bill would delete the stated purpose of the program. The bill would authorize, rather than require, a smog check station that seeks voluntary certification under the program to enter into the above-described agreement. The bill would also require certain vehicles required by the department to obtain a certificate of compliance each year in enhanced program areas or in basic program areas to receive their certificate from smog check stations certified under this program rather than from a test-only facility.
(10)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 motor vehicle inspection program and, in cooperation with the State Air Resources Board, to perform analyses of that data and report the results to the public on an annual basis.
This bill would instead require the department, in cooperation with the state board, to report the results of those analyses on a biennial basis.
(11)Existing law requires the Department of Consumer Affairs to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. Under existing law, a fraudulent inspection includes clean piping, as defined by the department.
This bill would provide that a fraudulent inspection, for purposes of this provision, includes clean plugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(12)Existing law authorizes a fleet owner, as defined, to operate a facility, licensed by the Commissioner of the California Highway Patrol, to inspect and maintain fleet vehicles. Existing law prohibits such a licensed facility from certifying the adjustment of lamps or brakes or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
This bill would instead prohibit a licensed fleet inspection and maintenance facility from certifying vehicle safety systems or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
(13)Existing law prohibits the subsequent registration of a vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle until certain documentation, including an official lamp and brake adjustment certificate, has been submitted to the Department of Motor Vehicles.
This bill would, instead of an official lamp and brake adjustment certificate, require the submission of a vehicle safety systems certificate of compliance to the department before the subsequent registration of a total loss salvage vehicle or dismantled vehicle, as specified.
(14)Existing law prohibits a person from violating a written promise to correct or willfully failing to deliver proof of correction of a correctable motor vehicle equipment violation. Existing law provides that proof or correction can be certified by a peace officer, the Department of Motor Vehicles, a court clerk, a licensed lamp and brake adjusting station, or a licensed smog inspection station, as specified.
This bill would, instead of certification by a licensed lamp and brake adjusting station, authorize proof of correction for certain violations to be provided by a station licensed or contracted to certify vehicle safety systems, as specified.
(15)Existing law prohibits a dealer or person holding a retail sellers permit from selling a new or used vehicle that is not in compliance with specified statutes and regulations, unless the vehicle is sold to another dealer, for the purpose of being legally wrecked or dismantled, or for off-highway use exclusively.
This bill would require a salvage vehicle rebuilder, when selling a total loss salvage vehicle, to provide the purchaser with a valid vehicle safety systems certificate of compliance, as specified, prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or for the purpose of being legally wrecked or dismantled. The bill would make findings and declarations of the Legislature.
(16)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.
(17)This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 373 to be operative only if this bill and SB 373 are enacted and this bill is enacted last.
(1)Existing law, the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor unless otherwise specified. Existing law authorizes the Director of Consumer Affairs to adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of the act and declare the policy of the bureau. Existing law subjects the bureau to review by the appropriate policy committees of the Legislature, as specified, and requires that review to be performed as if the act were scheduled to be repealed on January 1, 2024.
This bill would extend the above-described date to January 1, 2028.
(2)Existing law defines automotive repair dealer for purposes of the Automotive Repair Act to mean a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.
This bill would amend that definition to additionally include a person who engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(3)Existing law prohibits a person required to have a valid registration under the Automotive Repair Act from having the benefit of a lien for labor or materials or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
This bill would authorize the Bureau of Automotive Repair to adopt regulations to carry out that prohibition as necessary.
(4)Existing law requires the Director of Consumer Affairs to adopt regulations that prescribe the equipment and other qualifications as a condition to licensing a station as an official station for adjusting lamps or brakes and to prescribe the qualifications of adjusters employed in those stations. Existing law requires a licensed adjuster in a licensed station to issue a certificate of adjustment when requested by the owner or driver of the vehicle if the adjuster determines that the lamps or the brakes of the vehicle conform with the applicable requirements of law. Under existing law, a violation of the provisions regulating lamp and brake adjusting stations is an infraction.
Existing law requires the Director of Consumer Affairs to issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. Existing law requires the director to develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components. Existing law requires the director to adopt regulations by January 1, 2024, including, but not limited to, the application fee and process for applicants and the certification process for vehicles, as specified.
Existing law provides that the vehicle safety systems inspection license replaces licenses issued pursuant to the existing provisions governing the licensure of lamp and brake adjusting stations and adjusters and repeals those provisions on the effective date of the new regulations. Existing law provides that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the adoption of those regulations.
This bill would instead repeal those provisions 6 months after the effective date of the new regulations and would also provide that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the effective date of the new regulations. The bill would make conforming changes. By extending the operation of those provisions regulating lamp and brake adjusting stations, the violation of which is an infraction, this bill would impose a state-mandated local program.
(5)Existing law requires the Bureau of Automotive Repair and other state licensing entities to disclose on the internet certain information related to enforcement actions the state licensing entity has taken against its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
This bill would change the list of licensees within the bureau for this purpose to instead include automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(6)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 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 to implement a program to test a portion of the state vehicle fleet registered in an enhanced program area, as specified, at test-only facilities and authorizes the department to implement the program through privately operated test-only facilities pursuant to contracts to be awarded pursuant to specified requirements.
This bill would revise and recast this program by, among other things, deleting provisions relating to the contracting of test-only facilities. The bill would also require certain vehicles included for testing in the program to be tested by referee facilities or a similar contracted inspection network established by the department. The bill would authorize a referee to charge a fee sufficient to cover the cost of performing inspections of those vehicles. The bill would make other conforming changes for these purposes.
(7)Existing law authorizes smog tests to include certain test methods and requires the department to implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or 2-speed idle testing, only on model year 2000 and newer vehicles, beginning no earlier than January 1, 2013, and otherwise authorizes the Department of Consumer Affairs, in consultation with the State Air Resources Board, to determine the appropriate test procedures, as specified.
This bill would, beginning no earlier than January 1, 2025, also require the department to implement testing using onboard diagnostic systems, in lieu of the above-described test methods, only on model year 19961999 vehicles.
(8)Existing law requires the Department of Consumer Affairs to provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year.
This bill would provide that, for purposes of the provisions of relating to the smog check program, the term qualified smog check technician refers to both smog check technicians and smog check inspectors.
(9)Existing law requires the Department of Consumer Affairs to develop a program for the voluntary certification of licensed smog check stations, or to accept a smog check station certification program proposed by accredited industry representatives, for the purpose of providing consumers, whose vehicles fail an emissions test at a test-only facility, an option of services at a single location for vehicle certification, as specified. Existing law requires smog check stations that seek voluntary certification under this program to enter into an agreement with the department to provide certain repair services.
This bill would delete the stated purpose of the program. The bill would authorize, rather than require, a smog check station that seeks voluntary certification under the program to enter into the above-described agreement. The bill would also require certain vehicles required by the department to obtain a certificate of compliance each year in enhanced program areas or in basic program areas to receive their certificate from smog check stations certified under this program rather than from a test-only facility.
(10)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 motor vehicle inspection program and, in cooperation with the State Air Resources Board, to perform analyses of that data and report the results to the public on an annual basis.
This bill would instead require the department, in cooperation with the state board, to report the results of those analyses on a biennial basis.
(11)Existing law requires the Department of Consumer Affairs to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. Under existing law, a fraudulent inspection includes clean piping, as defined by the department.
This bill would provide that a fraudulent inspection, for purposes of this provision, includes clean plugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(12)Existing law authorizes a fleet owner, as defined, to operate a facility, licensed by the Commissioner of the California Highway Patrol, to inspect and maintain fleet vehicles. Existing law prohibits such a licensed facility from certifying the adjustment of lamps or brakes or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
This bill would instead prohibit a licensed fleet inspection and maintenance facility from certifying vehicle safety systems or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
(13)Existing law prohibits the subsequent registration of a vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle until certain documentation, including an official lamp and brake adjustment certificate, has been submitted to the Department of Motor Vehicles.
This bill would, instead of an official lamp and brake adjustment certificate, require the submission of a vehicle safety systems certificate of compliance to the department before the subsequent registration of a total loss salvage vehicle or dismantled vehicle, as specified.
(14)Existing law prohibits a person from violating a written promise to correct or willfully failing to deliver proof of correction of a correctable motor vehicle equipment violation. Existing law provides that proof or correction can be certified by a peace officer, the Department of Motor Vehicles, a court clerk, a licensed lamp and brake adjusting station, or a licensed smog inspection station, as specified.
This bill would, instead of certification by a licensed lamp and brake adjusting station, authorize proof of correction for certain violations to be provided by a station licensed or contracted to certify vehicle safety systems, as specified.
(15)Existing law prohibits a dealer or person holding a retail sellers permit from selling a new or used vehicle that is not in compliance with specified statutes and regulations, unless the vehicle is sold to another dealer, for the purpose of being legally wrecked or dismantled, or for off-highway use exclusively.
This bill would require a salvage vehicle rebuilder, when selling a total loss salvage vehicle, to provide the purchaser with a valid vehicle safety systems certificate of compliance, as specified, prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or for the purpose of being legally wrecked or dismantled. The bill would make findings and declarations of the Legislature.
(16)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.
(17)This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 373 to be operative only if this bill and SB 373 are enacted and this bill is enacted last.
(1)Existing law, the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor unless otherwise specified. Existing law authorizes the Director of Consumer Affairs to adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of the act and declare the policy of the bureau. Existing law subjects the bureau to review by the appropriate policy committees of the Legislature, as specified, and requires that review to be performed as if the act were scheduled to be repealed on January 1, 2024.
This bill would extend the above-described date to January 1, 2028.
(2)Existing law defines automotive repair dealer for purposes of the Automotive Repair Act to mean a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.
This bill would amend that definition to additionally include a person who engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(3)Existing law prohibits a person required to have a valid registration under the Automotive Repair Act from having the benefit of a lien for labor or materials or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
This bill would authorize the Bureau of Automotive Repair to adopt regulations to carry out that prohibition as necessary.
(4)Existing law requires the Director of Consumer Affairs to adopt regulations that prescribe the equipment and other qualifications as a condition to licensing a station as an official station for adjusting lamps or brakes and to prescribe the qualifications of adjusters employed in those stations. Existing law requires a licensed adjuster in a licensed station to issue a certificate of adjustment when requested by the owner or driver of the vehicle if the adjuster determines that the lamps or the brakes of the vehicle conform with the applicable requirements of law. Under existing law, a violation of the provisions regulating lamp and brake adjusting stations is an infraction.
Existing law requires the Director of Consumer Affairs to issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. Existing law requires the director to develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components. Existing law requires the director to adopt regulations by January 1, 2024, including, but not limited to, the application fee and process for applicants and the certification process for vehicles, as specified.
Existing law provides that the vehicle safety systems inspection license replaces licenses issued pursuant to the existing provisions governing the licensure of lamp and brake adjusting stations and adjusters and repeals those provisions on the effective date of the new regulations. Existing law provides that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the adoption of those regulations.
This bill would instead repeal those provisions 6 months after the effective date of the new regulations and would also provide that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the effective date of the new regulations. The bill would make conforming changes. By extending the operation of those provisions regulating lamp and brake adjusting stations, the violation of which is an infraction, this bill would impose a state-mandated local program.
(5)Existing law requires the Bureau of Automotive Repair and other state licensing entities to disclose on the internet certain information related to enforcement actions the state licensing entity has taken against its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
This bill would change the list of licensees within the bureau for this purpose to instead include automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(6)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 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 to implement a program to test a portion of the state vehicle fleet registered in an enhanced program area, as specified, at test-only facilities and authorizes the department to implement the program through privately operated test-only facilities pursuant to contracts to be awarded pursuant to specified requirements.
This bill would revise and recast this program by, among other things, deleting provisions relating to the contracting of test-only facilities. The bill would also require certain vehicles included for testing in the program to be tested by referee facilities or a similar contracted inspection network established by the department. The bill would authorize a referee to charge a fee sufficient to cover the cost of performing inspections of those vehicles. The bill would make other conforming changes for these purposes.
(7)Existing law exempts several classes of vehicles from the requirement to biennially obtain a certificate of compliance or noncompliance. Existing law requires vehicles designated for program coverage in enhanced areas to obtain inspections from appropriate smog check stations operating in enhanced areas.This bill would authorize the bureau, upon application and receipt of documentation demonstrating significant risk to the health or safety of the applicant, to temporarily waive these requirements for a vehicle owner whose health or safety, or both, is impacted by a declared local, state, or federal emergency. (8)(7)Existing law authorizes smog tests to include certain test methods and requires the department to implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or 2-speed idle testing, only on model year 2000 and newer vehicles, beginning no earlier than January 1, 2013, and otherwise authorizes the Department of Consumer Affairs, in consultation with the State Air Resources Board, to determine the appropriate test procedures, as specified.
This bill would, beginning no earlier than January 1, 2025, also require the department to implement testing using onboard diagnostic systems, in lieu of the above-described test methods, only on model year 19961999 vehicles.
(9)(8)Existing law requires the Department of Consumer Affairs to provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year.
This bill would provide that, for purposes of the provisions of relating to the smog check program, the term qualified smog check technician refers to both smog check technicians and smog check inspectors.
(10)(9)Existing law requires the Department of Consumer Affairs to develop a program for the voluntary certification of licensed smog check stations, or to accept a smog check station certification program proposed by accredited industry representatives, for the purpose of providing consumers, whose vehicles fail an emissions test at a test-only facility, an option of services at a single location for vehicle certification, as specified. Existing law requires smog check stations that seek voluntary certification under this program to enter into an agreement with the department to provide certain repair services.
This bill would delete the stated purpose of the program. The bill would authorize, rather than require, a smog check station that seeks voluntary certification under the program to enter into the above-described agreement. The bill would also require certain vehicles required by the department to obtain a certificate of compliance each year in enhanced program areas or in basic program areas to receive their certificate from smog check stations certified under this program rather than from a test-only facility.
(11)(10)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 motor vehicle inspection program and, in cooperation with the State Air Resources Board, to perform analyses of that data and report the results to the public on an annual basis.
This bill would instead require the department, in cooperation with the state board, to report the results of those analyses on a biennial basis.
(12)(11)Existing law requires the Department of Consumer Affairs to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. Under existing law, a fraudulent inspection includes clean piping, as defined by the department.
This bill would provide that a fraudulent inspection, for purposes of this provision, includes clean pugging, plugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(13)(12)Existing law authorizes a fleet owner, as defined, to operate a facility, licensed by the Commissioner of the California Highway Patrol, to inspect and maintain fleet vehicles. Existing law prohibits such a licensed facility from certifying the adjustment of lamps or brakes or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
This bill would instead prohibit a licensed fleet inspection and maintenance facility from certifying vehicle safety systems or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
(14)(13)Existing law prohibits the subsequent registration of a vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle until certain documentation, including an official lamp and brake adjustment certificate, has been submitted to the Department of Motor Vehicles.
This bill would, instead of an official lamp and brake adjustment certificate, require the submission of a vehicle safety systems certificate of compliance to the department before the subsequent registration of a total loss salvage vehicle or dismantled vehicle, as specified.
(15)(14)Existing law prohibits a person from violating a written promise to correct or willfully failing to deliver proof of correction of a correctable motor vehicle equipment violation. Existing law provides that proof or correction can be certified by a peace officer, the Department of Motor Vehicles, a court clerk, a licensed lamp and brake adjusting station, or a licensed smog inspection station, as specified.
This bill would, instead of certification by a licensed lamp and brake adjusting station, authorize proof of correction for certain violations to be provided by a station licensed or contracted to certify vehicle safety systems, as specified.
(16)(15)Existing law prohibits a dealer or person holding a retail sellers permit from selling a new or used vehicle that is not in compliance with specified statutes and regulations, unless the vehicle is sold to another dealer, for the purpose of being legally wrecked or dismantled, or for off-highway use exclusively.
This bill would require a salvage vehicle rebuilder, when selling a total loss salvage vehicle, to provide the purchaser with a valid vehicle safety systems certificate of compliance, as specified, prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or for the purpose of being legally wrecked or dismantled. The bill would make findings and declarations of the Legislature.
(17)(16)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.
(1)Existing law, the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor unless otherwise specified. Existing law authorizes the Director of Consumer Affairs to adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of the act and declare the policy of the bureau. Existing law subjects the bureau to review by the appropriate policy committees of the Legislature, as specified, and requires that review to be performed as if the act were scheduled to be repealed on January 1, 2024.
This bill would extend the above-described date to January 1, 2028.
(2)Existing law defines automotive repair dealer for purposes of the Automotive Repair Act to mean a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.
This bill would amend that definition to additionally include a person who engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(3)Existing law prohibits a person required to have a valid registration under the Automotive Repair Act from having the benefit of a lien for labor or materials or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
This bill would authorize the Bureau of Automotive Repair to adopt regulations to carry out that prohibition as necessary.
(4)Existing law requires the Director of Consumer Affairs to adopt regulations that prescribe the equipment and other qualifications as a condition to licensing a station as an official station for adjusting lamps or brakes and to prescribe the qualifications of adjusters employed in those stations. Existing law requires a licensed adjuster in a licensed station to issue a certificate of adjustment when requested by the owner or driver of the vehicle if the adjuster determines that the lamps or the brakes of the vehicle conform with the applicable requirements of law. Under existing law, a violation of the provisions regulating lamp and brake adjusting stations is an infraction.
Existing law requires the Director of Consumer Affairs to issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. Existing law requires the director to develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components. Existing law requires the director to adopt regulations by January 1, 2024, including, but not limited to, the application fee and process for applicants and the certification process for vehicles, as specified.
Existing law provides that the vehicle safety systems inspection license replaces licenses issued pursuant to the existing provisions governing the licensure of lamp and brake adjusting stations and adjusters and repeals those provisions on the effective date of the new regulations. Existing law provides that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the adoption of those regulations.
This bill would instead repeal those provisions 6 months after the effective date of the new regulations and would also provide that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the effective date of the new regulations. The bill would make conforming changes. By extending the operation of those provisions regulating lamp and brake adjusting stations, the violation of which is an infraction, this bill would impose a state-mandated local program.
(5)Existing law requires the Bureau of Automotive Repair and other state licensing entities to disclose on the internet certain information related to enforcement actions the state licensing entity has taken against its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
This bill would change the list of licensees within the bureau for this purpose to instead include automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(6)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 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 to implement a program to test a portion of the state vehicle fleet registered in an enhanced program area, as specified, at test-only facilities and authorizes the department to implement the program through privately operated test-only facilities pursuant to contracts to be awarded pursuant to specified requirements.
This bill would revise and recast this program by, among other things, deleting provisions relating to the contracting of test-only facilities. The bill would also require certain vehicles included for testing in the program to be tested by referee facilities or a similar contracted inspection network established by the department. The bill would authorize a referee to charge a fee sufficient to cover the cost of performing inspections of those vehicles. The bill would make other conforming changes for these purposes.
(7)Existing law exempts several classes of vehicles from the requirement to biennially obtain a certificate of compliance or noncompliance. Existing law requires vehicles designated for program coverage in enhanced areas to obtain inspections from appropriate smog check stations operating in enhanced areas. Existing law also provides for a repair cost waiver, to be accepted in lieu of a certificate of compliance, for a vehicle that has been properly tested but does not meet the applicable emission standards, if it is determined that no adjustment or repair can be made that will reduce emissions from the inspected vehicle without exceeding specified repair cost limits.
This bill would additionally exempt a motor vehicle from this requirement if the bureau adopts regulations and determines that the motor vehicle warrants temporary waiver from the biennial inspection. authorize the bureau, upon application and receipt of documentation demonstrating significant risk to the health or safety of the applicant, to temporarily waive these requirements for a vehicle owner whose health or safety, or both, is impacted by a declared local, state, or federal emergency.
(8)Existing law authorizes smog tests to include certain test methods and requires the department to implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or 2-speed idle testing, only on model year 2000 and newer vehicles, beginning no earlier than January 1, 2013, and otherwise authorizes the Department of Consumer Affairs, in consultation with the State Air Resources Board, to determine the appropriate test procedures, as specified.
This bill would, beginning no earlier than January 1, 2025, also require the department to implement testing using onboard diagnostic systems, in lieu of the above-described test methods, only on model year 19961999 vehicles.
(9)Existing law requires the Department of Consumer Affairs to provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year.
This bill would provide that, for purposes of the provisions of relating to the smog check program, the term qualified smog check technician refers to both smog check technicians and smog check inspectors.
(10)Existing law requires the Department of Consumer Affairs to develop a program for the voluntary certification of licensed smog check stations, or to accept a smog check station certification program proposed by accredited industry representatives, for the purpose of providing consumers, whose vehicles fail an emissions test at a test-only facility, an option of services at a single location for vehicle certification, as specified. Existing law requires smog check stations that seek voluntary certification under this program to enter into an agreement with the department to provide certain repair services.
This bill would delete the stated purpose of the program. The bill would authorize, rather than require, a smog check station that seeks voluntary certification under the program to enter into the above-described agreement. The bill would also require certain vehicles required by the department to obtain a certificate of compliance each year in enhanced program areas or in basic program areas to receive their certificate from smog check stations certified under this program rather than from a test-only facility.
(11)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 motor vehicle inspection program and, in cooperation with the State Air Resources Board, to perform analyses of that data and report the results to the public on an annual basis.
This bill would instead require the department, in cooperation with the state board, to report the results of those analyses on a biennial basis.
(12)Existing law requires the Department of Consumer Affairs to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. Under existing law, a fraudulent inspection includes clean piping, as defined by the department.
This bill would provide that a fraudulent inspection, for purposes of this provision, includes clean pugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(13)Existing law authorizes a fleet owner, as defined, to operate a facility, licensed by the Commissioner of the California Highway Patrol, to inspect and maintain fleet vehicles. Existing law prohibits such a licensed facility from certifying the adjustment of lamps or brakes or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
This bill would instead prohibit a licensed fleet inspection and maintenance facility from certifying vehicle safety systems or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
(14)Existing law prohibits the subsequent registration of a vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle until certain documentation, including an official lamp and brake adjustment certificate, has been submitted to the Department of Motor Vehicles.
This bill would, instead of an official lamp and brake adjustment certificate, require the submission of a vehicle safety systems certificate of compliance to the department before the subsequent registration of a total loss salvage vehicle or dismantled vehicle, as specified.
(15)Existing law prohibits a person from violating a written promise to correct or willfully failing to deliver proof of correction of a correctable motor vehicle equipment violation. Existing law provides that proof or correction can be certified by a peace officer, the Department of Motor Vehicles, a court clerk, a licensed lamp and brake adjusting station, or a licensed smog inspection station, as specified.
This bill would, instead of certification by a licensed lamp and brake adjusting station, authorize proof of correction for certain violations to be provided by a station licensed or contracted to certify vehicle safety systems, as specified.
(16)Existing law prohibits a person from selling, or offering or delivering for sale, a new or used motor vehicle, as defined, that is not in compliance with specified statutes and rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled. Existing law exempts from this provision vehicles sold by a dismantler or a salvage pool, as specified.For a vehicle that is issued a salvage certificate, as specified, this bill would require the seller of that vehicle to provide the purchaser a valid vehicle safety systems certificate prior to, or at the time of, delivery for sale. The bill would also exempt a vehicle sold by a dismantler and salvage pool from this requirement.(16)Existing law prohibits a dealer or person holding a retail sellers permit from selling a new or used vehicle that is not in compliance with specified statutes and regulations, unless the vehicle is sold to another dealer, for the purpose of being legally wrecked or dismantled, or for off-highway use exclusively.
This bill would require a salvage vehicle rebuilder, when selling a total loss salvage vehicle, to provide the purchaser with a valid vehicle safety systems certificate of compliance, as specified, prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or for the purpose of being legally wrecked or dismantled. The bill would make findings and declarations of the Legislature.
(17)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.
(1)Existing law, the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor unless otherwise specified. Existing law authorizes the Director of Consumer Affairs to adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of the act and declare the policy of the bureau. Existing law subjects the bureau to review by the appropriate policy committees of the Legislature, as specified, and requires that review to be performed as if the act were scheduled to be repealed on January 1, 2024.
This bill would extend the above-described date to January 1, 2028.
(2)Existing law defines automotive repair dealer for purposes of the Automotive Repair Act to mean a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.
This bill would amend that definition to additionally include a person who engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(3)Existing law prohibits a person required to have a valid registration under the Automotive Repair Act from having the benefit of a lien for labor or materials or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
This bill would authorize the Bureau of Automotive Repair to adopt regulations to carry out that prohibition as necessary.
(4)Existing law requires the Director of Consumer Affairs to adopt regulations that prescribe the equipment and other qualifications as a condition to licensing a station as an official station for adjusting lamps or brakes and to prescribe the qualifications of adjusters employed in those stations. Existing law requires a licensed adjuster in a licensed station to issue a certificate of adjustment when requested by the owner or driver of the vehicle if the adjuster determines that the lamps or the brakes of the vehicle conform with the applicable requirements of law. Under existing law, a violation of the provisions regulating lamp and brake adjusting stations is an infraction.
Existing law requires the Director of Consumer Affairs to issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. Existing law requires the director to develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components. Existing law requires the director to adopt regulations by January 1, 2024, including, but not limited to, the application fee and process for applicants and the certification process for vehicles, as specified.
Existing law provides that the vehicle safety systems inspection license replaces licenses issued pursuant to the existing provisions governing the licensure of lamp and brake adjusting stations and adjusters and repeals those provisions on the effective date of the new regulations. Existing law provides that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the adoption of those regulations.
This bill would instead repeal those provisions 6 months after the effective date of the new regulations and would also provide that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the effective date of the new regulations. The bill would make conforming changes. By extending the operation of those provisions regulating lamp and brake adjusting stations, the violation of which is an infraction, this bill would impose a state-mandated local program.
(5)Existing law requires the Bureau of Automotive Repair and other state licensing entities to disclose on the internet certain information related to enforcement actions the state licensing entity has taken against its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
This bill would change the list of licensees within the bureau for this purpose to instead include automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(6)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 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 to implement a program to test a portion of the state vehicle fleet registered in an enhanced program area, as specified, at test-only facilities and authorizes the department to implement the program through privately operated test-only facilities pursuant to contracts to be awarded pursuant to specified requirements.
This bill would revise and recast this program by, among other things, deleting provisions relating to the contracting of test-only facilities. The bill would also require certain vehicles included for testing in the program to be tested by referee facilities or a similar contracted inspection network established by the department. The bill would authorize a referee to charge a fee sufficient to cover the cost of performing inspections of those vehicles. The bill would make other conforming changes for these purposes.
(7)Existing law exempts several classes of vehicles from the requirement to biennially obtain a certificate of compliance or noncompliance. Existing law also provides for a repair cost waiver, to be accepted in lieu of a certificate of compliance, for a vehicle that has been properly tested but does not meet the applicable emission standards, if it is determined that no adjustment or repair can be made that will reduce emissions from the inspected vehicle without exceeding specified repair cost limits.
This bill would additionally exempt a motor vehicle from this requirement if the bureau adopts regulations and determines that the motor vehicle warrants temporary waiver from the biennial inspection.
(8)Existing law authorizes smog tests to include certain test methods and requires the department to implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or 2-speed idle testing, only on model year 2000 and newer vehicles, beginning no earlier than January 1, 2013, and otherwise authorizes the Department of Consumer Affairs, in consultation with the State Air Resources Board, to determine the appropriate test procedures, as specified.
This bill would, beginning no earlier than January 1, 2025, also require the department to implement testing using onboard diagnostic systems, in lieu of the above-described test methods, only on model year 19961999 vehicles.
(9)Existing law requires the Department of Consumer Affairs to provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year.
This bill would provide that, for purposes of the provisions of relating to the smog check program, the term qualified smog check technician refers to both smog check technicians and smog check inspectors.
(10)Existing law requires the Department of Consumer Affairs to develop a program for the voluntary certification of licensed smog check stations, or to accept a smog check station certification program proposed by accredited industry representatives, for the purpose of providing consumers, whose vehicles fail an emissions test at a test-only facility, an option of services at a single location for vehicle certification, as specified. Existing law requires smog check stations that seek voluntary certification under this program to enter into an agreement with the department to provide certain repair services.
This bill would delete the stated purpose of the program. The bill would authorize, rather than require, a smog check station that seeks voluntary certification under the program to enter into the above-described agreement. The bill would also require certain vehicles required by the department to obtain a certificate of compliance each year in enhanced program areas or in basic program areas to receive their certificate from smog check stations certified under this program rather than from a test-only facility.
(11)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 motor vehicle inspection program and, in cooperation with the State Air Resources Board, to perform analyses of that data and report the results to the public on an annual basis.
This bill would instead require the department, in cooperation with the state board, to report the results of those analyses on a biennial basis.
(12)Existing law requires the Department of Consumer Affairs to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. Under existing law, a fraudulent inspection includes clean piping, as defined by the department.
This bill would provide that a fraudulent inspection, for purposes of this provision, includes clean pugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(13)Existing law authorizes a fleet owner, as defined, to operate a facility, licensed by the Commissioner of the California Highway Patrol, to inspect and maintain fleet vehicles. Existing law prohibits such a licensed facility from certifying the adjustment of lamps or brakes or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
This bill would instead prohibit a licensed fleet inspection and maintenance facility from certifying vehicle safety systems or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
(14)Existing law prohibits the subsequent registration of a vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle until certain documentation, including an official lamp and brake adjustment certificate, has been submitted to the Department of Motor Vehicles.
This bill would, instead of an official lamp and brake adjustment certificate, require the submission of a vehicle safety systems certificate of compliance to the department before the subsequent registration of a total loss salvage vehicle or dismantled vehicle, as specified.
(15)Existing law prohibits a person from violating a written promise to correct or willfully failing to deliver proof of correction of a correctable motor vehicle equipment violation. Existing law provides that proof or correction can be certified by a peace officer, the Department of Motor Vehicles, a court clerk, a licensed lamp and brake adjusting station, or a licensed smog inspection station, as specified.
This bill would, instead of certification by a licensed lamp and brake adjusting station, authorize proof of correction for certain violations to be provided by a station licensed or contracted to certify vehicle safety systems, as specified.
(16)Existing law prohibits a person from selling, or offering or delivering for sale, a new or used motor vehicle, as defined, that is not in compliance with specified statutes and rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled. Existing law exempts from this provision vehicles sold by a dismantler or a salvage pool, as specified.
For a vehicle that is issued a salvage certificate, as specified, this bill would require the seller of that vehicle to provide the purchaser a valid vehicle safety systems certificate prior to, or at the time of, delivery for sale. The bill would also exempt a vehicle sold by a dismantler and salvage pool from this requirement.
(16)(17)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.
(1)Existing law, the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor unless otherwise specified. Existing law authorizes the Director of Consumer Affairs to adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of the act and declare the policy of the bureau. Existing law subjects the bureau to review by the appropriate policy committees of the Legislature, as specified, and requires that review to be performed as if the act were scheduled to be repealed on January 1, 2024.
This bill would extend the above-described date to January 1, 2028.
(2)Existing law defines automotive repair dealer for purposes of the Automotive Repair Act to mean a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.
This bill would amend that definition to additionally include a person who engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(3)Existing law prohibits a person required to have a valid registration under the Automotive Repair Act from having the benefit of a lien for labor or materials or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
This bill would authorize the Bureau of Automotive Repair to adopt regulations to carry out that prohibition as necessary.
(4)Existing law requires the Director of Consumer Affairs to adopt regulations that prescribe the equipment and other qualifications as a condition to licensing a station as an official station for adjusting lamps or brakes and to prescribe the qualifications of adjusters employed in those stations. Existing law requires a licensed adjuster in a licensed station to issue a certificate of adjustment when requested by the owner or driver of the vehicle if the adjuster determines that the lamps or the brakes of the vehicle conform with the applicable requirements of law. Under existing law, a violation of the provisions regulating lamp and brake adjusting stations is an infraction.
Existing law requires the Director of Consumer Affairs to issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. Existing law requires the director to develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components. Existing law requires the director to adopt regulations by January 1, 2024, including, but not limited to, the application fee and process for applicants and the certification process for vehicles, as specified.
Existing law provides that the vehicle safety systems inspection license replaces licenses issued pursuant to the existing provisions governing the licensure of lamp and brake adjusting stations and adjusters and repeals those provisions on the effective date of the new regulations. Existing law provides that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the adoption of those regulations.
This bill would instead repeal those provisions 6 months after the effective date of the new regulations and would also provide that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the effective date of the new regulations. The bill would make conforming changes. By extending the operation of those provisions regulating lamp and brake adjusting stations, the violation of which is an infraction, this bill would impose a state-mandated local program.
(5)Existing law requires the Bureau of Automotive Repair and other state licensing entities to disclose on the internet certain information related to enforcement actions the state licensing entity has taken against its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
This bill would change the list of licensees within the bureau for this purpose to instead include automotive repair dealers, smog check stations, and vehicle safety systems inspection stations and technicians.
(6)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 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 to implement a program to test a portion of the state vehicle fleet registered in an enhanced program area, as specified, at test-only facilities and authorizes the department to implement the program through privately operated test-only facilities pursuant to contracts to be awarded pursuant to specified requirements.
This bill would revise and recast this program by, among other things, deleting provisions relating to the contracting of test-only facilities. The bill would also require certain vehicles included for testing in the program to be tested by referee facilities or a similar contracted inspection network established by the department. The bill would authorize a referee to charge a fee sufficient to cover the cost of performing inspections of those vehicles. The bill would make other conforming changes for these purposes.
(7)Existing law exempts several classes of vehicles from the requirement to biennially obtain a certificate of compliance or noncompliance. Existing law also provides for a repair cost waiver, to be accepted in lieu of a certificate of compliance, for a vehicle that has been properly tested but does not meet the applicable emission standards, if it is determined that no adjustment or repair can be made that will reduce emissions from the inspected vehicle without exceeding specified repair cost limits.
This bill would additionally exempt a motor vehicle from this requirement if the bureau adopts regulations and determines that the motor vehicle warrants temporary waiver from the biennial inspection.
(8)Existing law authorizes smog tests to include certain test methods and requires the department to implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or 2-speed idle testing, only on model year 2000 and newer vehicles, beginning no earlier than January 1, 2013, and otherwise authorizes the Department of Consumer Affairs, in consultation with the State Air Resources Board, to determine the appropriate test procedures, as specified.
This bill would, beginning no earlier than January 1, 2025, also require the department to implement testing using onboard diagnostic systems, in lieu of the above-described test methods, only on model year 19961999 vehicles.
(9)Existing law requires the Department of Consumer Affairs to provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year.
This bill would provide that, for purposes of the provisions of relating to the smog check program, the term qualified smog check technician refers to both smog check technicians and smog check inspectors.
(10)Existing law requires the Department of Consumer Affairs to develop a program for the voluntary certification of licensed smog check stations, or to accept a smog check station certification program proposed by accredited industry representatives, for the purpose of providing consumers, whose vehicles fail an emissions test at a test-only facility, an option of services at a single location for vehicle certification, as specified. Existing law requires smog check stations that seek voluntary certification under this program to enter into an agreement with the department to provide certain repair services.
This bill would delete the stated purpose of the program. The bill would authorize, rather than require, a smog check station that seeks voluntary certification under the program to enter into the above-described agreement. The bill would also require certain vehicles required by the department to obtain a certificate of compliance each year in enhanced program areas or in basic program areas to receive their certificate from smog check stations certified under this program rather than from a test-only facility.
(11)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 motor vehicle inspection program and, in cooperation with the State Air Resources Board, to perform analyses of that data and report the results to the public on an annual basis.
This bill would instead require the department, in cooperation with the state board, to report the results of those analyses on a biennial basis.
(12)Existing law requires the Department of Consumer Affairs to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. Under existing law, a fraudulent inspection includes clean piping, as defined by the department.
This bill would provide that a fraudulent inspection, for purposes of this provision, includes clean pugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(13)Existing law authorizes a fleet owner, as defined, to operate a facility, licensed by the Commissioner of the California Highway Patrol, to inspect and maintain fleet vehicles. Existing law prohibits such a licensed facility from certifying the adjustment of lamps or brakes or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
This bill would instead prohibit a licensed fleet inspection and maintenance facility from certifying vehicle safety systems or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensees own fleet.
(14)Existing law prohibits the subsequent registration of a vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle until certain documentation, including an official lamp and brake adjustment certificate, has been submitted to the Department of Motor Vehicles.
This bill would, instead of an official lamp and brake adjustment certificate, require the submission of a vehicle safety systems certificate of compliance to the department before the subsequent registration of a total loss salvage vehicle or dismantled vehicle, as specified.
(15)Existing law prohibits a person from violating a written promise to correct or willfully failing to deliver proof of correction of a correctable motor vehicle equipment violation. Existing law provides that proof or correction can be certified by a peace officer, the Department of Motor Vehicles, a court clerk, a licensed lamp and brake adjusting station, or a licensed smog inspection station, as specified.
This bill would, instead of certification by a licensed lamp and brake adjusting station, authorize proof of correction for certain violations to be provided by a station licensed or contracted to certify vehicle safety systems, as specified.
(16)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, the Automotive Repair Act, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs for the registration and regulation of automotive repair. Existing law requires the bureau to send registered automotive repair dealers, at least twice per year, a newsletter that may describe recently adopted regulations, proposed regulations, disciplinary hearings, and any other information that the director shall determine will assist the bureau in its enforcement program.This bill would instead require the bureau to send the above-described newsletter at least three times per year. The bill would also require that the newsletter describe recently adopted regulations, proposed regulations, disciplinary hearings, and any other information that the director shall determine will assist the bureau in its enforcement program. The bill would also make nonsubstantive changes to that law.Existing law, the Automotive Repair Act, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs for the registration and regulation of automotive repair. Existing law requires the bureau to send registered automotive repair dealers, at least twice per year, a newsletter that may describe recently adopted regulations, proposed regulations, disciplinary hearings, and any other information that the director shall determine will assist the bureau in its enforcement program.
This bill would instead require the bureau to send the above-described newsletter at least three times per year. The bill would also require that the newsletter describe recently adopted regulations, proposed regulations, disciplinary hearings, and any other information that the director shall determine will assist the bureau in its enforcement program. The bill would also make nonsubstantive changes to that law.
(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensees home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensees address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the internet.
(b)In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The Acupuncture Board shall disclose information on its licensees.
(13)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14)The Dental Board of California shall disclose information on its licensees.
(15)The California State Board of Optometry shall disclose information on its licensees and registrants.
(16)The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.5.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensees home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensees address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the internet.
(b)In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The Acupuncture Board shall disclose information on its licensees.
(13)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14)The Dental Board of California shall disclose information on its licensees.
(15)The California State Board of Optometry shall disclose information on its licensees and registrants.
(16)The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)Notwithstanding subdivisions (a) and (c), the Board of Behavioral Sciences shall not disclose on the internet the full address of record of their licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This subdivision shall not apply to secondary documents linked to the boards internet website which may contain an address.
(g)Notwithstanding subdivisions (a) and (c), the Board of Psychology shall not disclose on the internet the full address of record of their licensees and registered psychological associates. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registered psychological associates. This subdivision shall not apply to secondary documents linked to the boards internet website which may contain an address.
(h)Notwithstanding subdivisions (a) and (c), the Veterinary Medical Board shall not disclose on the internet the full address of record of their licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This subdivision shall not apply to secondary documents linked to the boards internet website which may contain an address.
(i)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2.Section 9880.1 of the Business and Professions Code is amended to read:9880.1.The following definitions apply for the purposes of this chapter:
(a)Automotive repair dealer means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles, or engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(b)Automotive technician means an employee of an automotive repair dealer or that dealer, if the employer or dealer repairs motor vehicles and who, for salary or wage, performs repairs of motor vehicles as set forth in subdivision (k).
(c)Bureau means the Bureau of Automotive Repair.
(d)Chief means the Chief of the Bureau of Automotive Repair.
(e)Commercial business agreement means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automotive repair dealer, prior to the repair that is requested to be made, that contemplates a continuing business arrangement under which the automotive repair dealer is to repair any motor vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automotive repair facility to its customers.
(f)Customer means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. Customer shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer.
(g)Director means the Director of Consumer Affairs.
(h)Motor vehicle means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.
(i)Person includes a firm, partnership, association, limited liability company, or corporation.
(j)Preventative maintenance services means the following maintenance services: checking tire pressure and adding or relieving pressure, as necessary; rotating tires; changing transmission fluid, transmission filter, engine oil and filter, differential fluid, power steering fluid, and transfer case fluid; changing engine or cabin air filters, and external fuel filters; changing engine coolant; performing a fuel system induction service; replacing belts and windshield wiper blades; replacing light bulbs and restoring headlamps; adding oil or fuel treatments through the designated fill points; and topping off fluids; and all of the listed services include the removal, reinstallation, and replacement of any components necessary to perform each service, and the tapping of damaged threads without removal of any fluid pan.
(k)Repair of motor vehicles means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer, including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and roadside services.
(l)Roadside services means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by, or on behalf of, a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code, or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, that is owned or operated by a person or entity who possesses a valid motor carrier permit, as described in Section 34620 of the Vehicle Code, and is enrolled in the Basic Inspection of Terminals program, as described in Section 34501.12 of the Vehicle Code.
SEC. 3.Section 9880.4 is added to the Business and Professions Code, to read:9880.4.The Legislature finds and declares all of the following:
(a)The Bureau of Automotive Repair established the BAR Advisory Group to increase the level of communication between the bureau, the automotive repair industry, education providers, consumers, and other stakeholders. The advisory group meets quarterly to provide input to the chief on bureau and other state regulatory programs.
(b)It is the intent of the Legislature that the bureau continues to maintain a group of volunteer representatives to advise the bureau on regulatory issues and programs affecting the automotive repair industry.
SEC. 4.Section 9882 of the Business and Professions Code, as amended by Section 1 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)(A)On or after July 1, 2023, the director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(B)(i)The director may include in the citation system a process for an automotive repair dealer, upon successful completion of remedial training conducted by a provider certified pursuant to subdivision (d) of Section 9884.7, to prevent disclosure of the citation on the internet as provided in Section 27.
(ii)To be eligible for citation nondisclosure under this subparagraph, the automotive repair dealer shall not have attended remedial training in the prior 18-month period from the effective date of citation.
(iii)Any employee of the automotive repair dealer who was involved in the violation resulting in the bureaus issuance of the citation also may be required by the bureau to attend remedial training with the automotive repair dealer to prevent disclosure of the citation.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall be effective only until July 1, 2026, and as of that date is repealed.
SEC. 5.Section 9882 of the Business and Professions Code, as added by Section 2 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)The director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall become operative on July 1, 2026.
SEC. 6.Section 9884.16 of the Business and Professions Code is amended to read:9884.16.(a)A person required to have a valid registration under the provisions of this chapter shall not have the benefit of any lien for labor or materials, including the ability to charge storage fees in accordance with applicable laws, or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
(b)The bureau may adopt regulations, as necessary, in accordance with Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code and Section 22524.5 of the Vehicle Code, and any regulations of the Insurance Commissioner pertaining to vehicle towing or storage fees, or both, adopted pursuant to Sections 758.5 and 790.03 of the Insurance Code, to carry out the provisions of this section.
SEC. 7.Section 9887.5 of the Business and Professions Code is amended to read:9887.5.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 8.Section 9888.4.1 of the Business and Professions Code is amended to read:9888.4.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 9.Section 9888.5 of the Business and Professions Code is amended to read:9888.5.(a)The director shall develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(b)The director shall issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. The director may electronically issue these licenses.
(c)By January 1, 2024, the director shall adopt the regulations, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including, but not limited to, all of the following:
(1)Inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(2)The application fee and process for applicants, including any specialized application process for those licensees licensed pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1).
(3)The certificate of compliance fee and certification process for vehicles, including any specialized certification process for those vehicles certified pursuant to Article 8 (commencing with Section 9889.15). The director shall prescribe a form for the certificate of compliance that contains, at a minimum, the date of issuance, the make and registration number of the vehicle, and the official license of the station.
(d)The vehicle safety systems inspection license shall replace licenses issued pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1). Licenses issued in accordance with those articles shall remain valid until six months after the effective date of regulations adopted pursuant to subdivision (c). A licensee with a license issued pursuant to Article 5 (commencing with Section 9887.1) or Article 6 (commencing with Section 9888.1) shall thereafter be regulated under this article and shall apply for and be issued a vehicle safety systems inspection license under this article.
(e)The vehicle safety systems inspection certificate shall replace certificates issued pursuant to Article 8 (commencing with Section 9889.15). Certificates issued in accordance with that article shall remain valid until six months after the director adopts regulations pursuant to subdivision (c).
SEC. 10.Section 9889.19.1 of the Business and Professions Code is amended to read:9889.19.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 11.Section 9889.21 of the Business and Professions Code, as amended by Section 11 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 5 (commencing with Section 9887.1), Article 6 (commencing with Section 9888.1), Article 6.5 (commencing with Section 9888.5), and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall remain operative only until six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 12.Section 9889.21 of the Business and Professions Code, as added by Section 12 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 6.5 (commencing with Section 9888.5) and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall become operative six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5).
SEC. 13.Section 44003.5 of the Health and Safety Code is amended to read:44003.5.(a)Notwithstanding any other law, an enhanced motor vehicle inspection and maintenance program, including the provisions of Section 44010.5, is established in the San Francisco Bay Area Basin, consistent with the requirements described in subdivision (b).
(b)The department shall commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin, including directing motor vehicles to test facilities, after the department determines that an adequate number of test stations, test and repair stations, referee services, and other facilities and equipment necessary to provide reliable and convenient service to vehicle owners subject to the program exist in that basin.
(c)Upon commencing operation of the enhanced program in those areas of the San Francisco Bay Area Basin subject to the requirements of the program, the bureau shall utilize emission standards for oxides of nitrogen, and percentages of vehicles directed to test stations similar to those utilized to begin the initial implementation of the program in other enhanced areas of the state. The department shall phase in more stringent emission standards for oxides of nitrogen and direct higher percentages of vehicles to test stations, so that the fully implemented enhanced program in the San Francisco Bay area is consistent with the fully implemented enhanced program in other areas of the state.
(d)(1)On or before January 1, 2004, and concurrent with implementing subdivision (b), the board shall submit for peer review the study produced by the University of California at Riverside and commissioned by the Bay Area Air Quality Management District, and any other available scientifically credible evidence, to determine the impact of the enhanced motor vehicle inspection and maintenance program on Contra Costa County and surrounding areas. If the peer review concludes that the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin results in adverse ozone and other air quality impacts in Contra Costa County or parts of Solano, San Joaquin, Alameda, and Santa Clara Counties, the board, on or before January 1, 2004, shall suggest mitigation measures to the Legislature and to the respective air quality districts. These measures may include, but need not be limited to, a recommendation for additional funds to be made available for transit purposes and private passenger motor vehicle maintenance and repair purposes.
(2)It is the intent of the Legislature in enacting this section to seek implementation of those mitigation measures suggested under paragraph (1) that are found to be scientifically credible means to mitigate adverse ozone and other air quality impacts, are consistent with this section, and do not adversely impact downwind regions.
(e)Consistent with subdivision (b), it is the intent of the Legislature that the department commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Air Basin as expeditiously as possible in order to assist the San Francisco Bay Area and downwind air districts in meeting their federal air quality attainment requirements.
SEC. 14.Section 44010.5 of the Health and Safety Code is amended to read:44010.5.(a)The department shall implement a program with the capacity to inspect that portion of the total state vehicle fleet subject to inspection each year in the biennial program and registered in the enhanced program area, as established pursuant to paragraph (1) of subdivision (a) of Section 44003, which is sufficient to meet the emission reduction performance standards established by the United States Environmental Protection Agency in regulations adopted pursuant to the Clean Air Act Amendments of 1990. Except as provided in paragraph (2) of subdivision (b), the department shall afford smog check stations licensed pursuant to Section 44014 and certified pursuant to Section 44014.2 the initial opportunity to inspect vehicles subject to the program in this section.
(b)(1)The program shall use the testing procedures described in Section 44012.
(2)Vehicles selected for testing pursuant to this section shall include vehicles equipped without second generation onboard diagnostic systems (OBD II) and vehicles with emission problems that may not be adequately detected by the vehicles OBD II, as determined by the department in consultation with the state board. Vehicles subject to testing under this paragraph shall be tested by referee facilities or a similar contracted inspection network established by the department, which may include subcontracted licensed smog check stations, as provided in subdivision (f) of Section 44014.
(3)The department, in consultation with the state board, may also select for testing pursuant to this section any other vehicles necessary in order to meet the requirement described in subdivision (a).
(c)Vehicles in the enhanced program area that are not subjected to the program established by this section may be tested at smog check stations licensed pursuant to Section 44014 using appropriate testing procedures as determined by the department.
(d)The department shall ensure that there is a sufficient number of test facilities, and that they are properly located, to ensure reasonable accessibility and convenience to all persons within an enhanced program area.
(e)The department shall implement the program established in this section only in urbanized areas classified by the United States Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm, and shall not implement the program in any other area.
SEC. 15.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 vehicles 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, and on model-year 199699, inclusive, vehicles only, beginning no earlier than January 1, 2025. 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 vehicles emission control system.
(c)For other than diesel-powered vehicles, the vehicles 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 vehicles 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 vehicles 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 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.
(g)A determination as to whether the motor vehicle complies with the emission standards for that vehicles 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. 16.Section 44014 of the Health and Safety Code is amended to read:44014.(a)Except as otherwise provided in this chapter, the testing and repair portion of the program shall be conducted by smog check stations licensed by the department, and by smog check technicians who have qualified pursuant to this chapter.
(b)A smog check station may be licensed by the department as a smog check test-only station and, when so licensed, need not comply with the requirement for onsite availability of current service and adjustment procedures specified in paragraph (3) of subdivision (b) of Section 44030. A smog check technician employed by a smog check test-only station shall be qualified in accordance with this section.
(c)(1)The department shall supply a network of referees. Except as provided in paragraph (2) of subdivision (b) of Section 44010.5, a referee shall have no ownership interest in, or business or economic interest with, a smog check station. Referees may issue repair cost waivers, certificates of compliance or noncompliance, and hardship extensions, in accordance with regulations adopted by the department, and promote automotive training through community colleges and other training institutions certified by the department pursuant to Section 44030.5. Referees shall provide inspection services for specially constructed vehicles pursuant to Section 44017.4 and issue exhaust system certificates of compliance in accordance with Section 27150.2 of the Vehicle Code.
(2)The department may adopt regulations to establish qualification standards and any special administrative, operational, and licensure standards that the department determines to be necessary for the provision of referee services.
(3)The department may adopt, by regulation, a process by which vehicles that present prohibitive or unusual inspection circumstances are inspected by referees, including, but not limited to, the inspection of vehicles in which the manufacturers physical or operational design presents inspection incompatibilities, vehicles equipped with emission control configurations that do not match United States Environmental Protection Agency or state board certified configurations, including direct import vehicles and vehicles with engine changes, and vehicles equipped with retrofit alternative fuel conversion kits.
(4)(A)A referee may charge a fee sufficient to cover the costs of performing inspections of specially constructed vehicles pursuant to Section 44017.4, inspections pursuant to Section 27150.2 of the Vehicle Code, inspections of vehicles subject to paragraph (2) of subdivision (b) of Section 44010.5, and other appropriate categories of referee services as determined by the department. Requirements applicable to the fee, including its amount, shall be established by the department by regulation and the amount may be adjusted to reflect changes in the Consumer Price Index, as published by the United States Bureau of Labor Statistics. The fee may be collected by either a contracted referee or by the department, if the department is providing the referee service.
(B)If the fee is imposed and collected by a contracted referee, the contracted referee shall deposit the fees collected from the vehicle owner into a separate trust account that the referee shall account for and manage in accordance with generally accepted accounting practices.
(C)If the fee is imposed and collected by the department, the fees shall be deposited into the Vehicle Inspection and Repair Fund.
(d)A smog check station may also be licensed as a repair-only station, and if so licensed, may perform repairs to reduce excessive emissions on vehicles which have failed the smog check test. Repair procedures and equipment requirements shall be established by the department. Technicians employed by a smog check repair-only station shall be qualified in accordance with this section.
(e)Smog check technicians are qualified to test and repair only those classes and categories of vehicles for which they have passed a qualification test administered by the department. The department shall provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year. For the purposes of this chapter, qualified smog check technician refers to either a smog check repair technician or smog check inspector, or both.
(f)The consumer protection-oriented quality assurance portion of the program, including the provision of referee and inspection services pursuant to paragraph (2) of subdivision (b) of Section 44010.5, may be conducted by one or more private entities pursuant to contracts with the department.
SEC. 17.Section 44014.2 of the Health and Safety Code is amended to read:44014.2.(a)The department shall develop a program for the voluntary certification of licensed smog check stations, or the department may accept a smog check station certification program proposed by accredited industry representatives. The department shall establish inspection-based performance standards consistent with Section 44014.6 for stations certified under this program that the stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Sections 44010.5 and 44014.7, or vehicles identified by the department as gross polluters.
(b)The department shall adopt regulations that apply to all enhanced areas of the state, including those areas subject to the enhanced program pursuant to Section 44003.5, that permit both of the following:
(1)Any vehicle that fails a required smog test at a test facility may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(2)Any vehicle that is identified as a gross polluter may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(c)Smog check stations that seek voluntary certification under this section may enter into an agreement with the department to provide repair services pursuant to Section 44062.1.
(d)An agreement made pursuant to this section shall not be deemed to be a contract subject to the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
SEC. 18.Section 44014.5 of the Health and Safety Code is amended to read:44014.5.(a)The enhanced program shall provide for the testing and retesting of vehicles in accordance with Sections 44010.5 and 44014.2 and this section.
(b)The repair of vehicles at test-only stations is prohibited, except that the minor repair of components damaged by station personnel during inspection at the station, any minor repair that is necessary for the safe operation of a vehicle while at a station, or other minor repairs, such as the reconnection of hoses or vacuum lines, may be undertaken at no charge to the vehicle owner or operator if authorized in advance in writing by the department.
(c)The department shall make available to consumers a list, compiled by region, of smog check stations licensed to make repairs of vehicular emission control systems. A test-only station shall not refer a vehicle owner to any particular provider of vehicle repair services in which the test-only station has a financial interest.
(d)(1)The department shall establish standards for training, equipment, performance, or data collection for smog check stations.
(2)(A)The department shall establish inspection-based performance standards consistent with Section 44014.6 that smog check stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Section 44010.5 or 44014.7, or vehicles identified by the department as gross polluters. Failure at any time to meet these standards shall result in suspension of the certification to test these vehicles granted by the department. A test station not meeting the performance standards may continue to issue certificates of compliance and noncompliance for other vehicles. The department shall adopt measures to ensure the requirements of this subparagraph are met, including through the use of the computer database and computer network authorized by Section 44037.1.
(B)The department shall provide the test station with written or electronic notice, prior to the suspension pursuant to subparagraph (A). The notice shall specify the grounds for the suspension and provide that the station within five days of receipt of the notice may request a hearing before the chief of the bureau or their designee to contest the suspension. The request for hearing shall be in writing or shall be made electronically. Receipt of this hearing request shall stay the suspension pending the outcome of the hearing. If a request for hearing is not made, the chief of the bureau shall issue a final written decision of suspension within 10 days of the last date that a hearing could have been requested.
(C)The hearing conducted by the chief of the bureau or their designee shall be held not later than 10 days from the date that the request for a hearing is received by the chief of the bureau. The hearing requirements of Section 44072 shall not apply. The chief of the bureau shall render a written decision within 10 days of the hearing. The decision may rescind the suspension, affirm the suspension, or order any other appropriate action. Administrative review, before an administrative law judge, of the decision of the chief of the bureau may be sought within 30 days of the date of the decision.
(D)The department may adopt regulations to implement this paragraph.
(e)The department shall prohibit test-only stations from engaging in other business activities that represent a conflict of interest, as determined by the department. Upon implementation of the performance standards described in paragraph (2) of subdivision (d), ownership of a test-and-repair station by an owner of a test-only station shall not be considered a conflict of interest.
(f)A test facility contracted pursuant to paragraph (2) of subdivision (b) of Section 44010.5 may charge an inspection fee, established by the department, sufficient to cover the facilitys cost to perform the tests or services, including, but not limited to, referee services and the issuance of waivers and hardship extensions required by this chapter. In addition, the station shall charge and collect the certificate fee established pursuant to Section 44060.
(g)The department shall ensure that there is a sufficient number of test facilities to provide convenient testing for the following vehicles:
(1)All vehicles identified and confirmed as gross polluters pursuant to Section 44081 and Section 27156 of the Vehicle Code.
(2)(A)Vehicles initially identified as gross polluters by a smog check station licensed as a test-and-repair station may be issued a certificate of compliance by a licensed smog check station certified pursuant to Section 44014.2.
(B)For purposes of this section, the department shall implement a program that allows vehicles initially identified as gross polluters to be repaired and issued a certificate of compliance by a facility licensed and certified pursuant to Section 44014.2.
(3)All vehicles designated by the department pursuant to Sections 44014.7 and 44020.
(4)Vehicles issued an economic hardship extension in the previous biennial inspection of the vehicle.
(h)The department shall provide a sufficient number of referees authorized to perform referee functions to provide convenient testing for those vehicles that are required to report to, and receive a certificate of compliance from, a referee by this chapter, including all of the following:
(1)All vehicles seeking to utilize state-operated financial assistance or inclusion in authorized scrap programs.
(2)All vehicles unable to obtain a certificate of compliance from a licensed smog check station pursuant to subdivision (c) of Section 44015.
(3)Any other vehicles that may be designated by the department.
(i)Gross polluters shall be referred for a postrepair inspection and retest pursuant to subdivision (g). Passing the emissions test is not a sufficient condition for receiving a certificate of compliance. A certificate of compliance shall only be issued to a vehicle that does not have any defects with its emission control system or any defects that could lead to damage of its emission control system, as provided in regulations adopted by the department.
SEC. 19.Section 44014.7 of the Health and Safety Code is amended to read:44014.7.(a) The department shall require 2 percent of the vehicles required to obtain a certificate of compliance each year in enhanced program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(b) The department may require a number not to exceed 2 percent of the vehicles required to obtain a certificate of compliance each year in basic program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(c) The vehicles specified in subdivisions (a) and (b) shall be selected at random. The department shall select the vehicles and the Department of Motor Vehicles shall notify the owners of their obligation under this section pursuant to Section 4000.3 of the Vehicle Code. Selection shall be made from vehicles in an area where a test station is located.
SEC. 20.Section 44024.5 of the Health and Safety Code is amended to read:44024.5.(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 biennially beginning no later than July 1, 2011. 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.
(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.
SEC. 21.Section 44032 of the Health and Safety Code is amended to read:44032.No person shall perform, for compensation, tests or repairs of emission control devices or systems of motor vehicles required by this chapter unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. Qualified smog check technicians shall perform tests of emission control devices and systems in accordance with Section 44012.
SEC. 22.Section 44072.10 of the Health and Safety Code is amended to read:44072.10.(a)Notwithstanding Sections 44072 and 44072.4, the director, or the directors designee, pending a hearing conducted pursuant to subdivision (e), may temporarily suspend any smog check station or technicians license issued under this chapter, for a period not to exceed 60 days, if the department determines that the licensees conduct would endanger the public health, safety, or welfare before the matter could be heard pursuant to subdivision (e), based upon reasonable evidence of any of the following:
(1)Fraud.
(2)Tampering.
(3)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(4)A pattern or regular practice of violating this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(b)If a motor vehicle dealer sells any used vehicle, knowing that the vehicle has been fraudulently certified, that act shall be additional grounds for suspension or revocation pursuant to Section 11705 of the Vehicle Code. A dealers license revoked pursuant to this subdivision shall not be reinstated for any reason for a period of at least five years.
(c)The department shall revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. A fraudulent inspection includes, but is not limited to, all of the following:
(1)Clean piping, clean plugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(2)Tampering with a vehicle emission control system or test analyzer system.
(3)Tampering with a vehicle in a manner that would cause the vehicle to falsely pass or falsely fail an inspection.
(4)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(d)Once a license has been revoked for a smog check station or technician under subdivision (a) or (c), the license shall not be reinstated for any reason. A hearing shall be held and a decision issued within 60 days after the date on which the notice of the temporary suspension was provided unless the time for the hearing has been extended, or the right to a hearing has been waived, by the licensee.
(e)The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, or by court order.
(f)The department shall adopt, by regulation, procedures to ensure that any affected licensee is provided adequate notice and opportunity to be heard, except as otherwise provided in subdivision (a), prior to issuing an order temporarily suspending a license under this section.
SEC. 23.Section 2525.4 of the Vehicle Code is amended to read:2525.4.(a)Fleet owners licensed as inspection and maintenance stations shall do all of the following:
(1)Conduct all installations, adjustments, inspections, and maintenance under the supervision of, and subject to the regulations of, the department, and subject to Division 12 (commencing with Section 24000).
(2)If engaged in interstate transportation, also conduct inspections and maintenance in accordance with the requirements of the United States Department of Transportation.
(3)If operating or maintaining vehicles described in subdivisions (a), (b), (d), (e), (f), or (g), of Section 34500, enroll each licensed inspection and maintenance station for inspection by the Department of the California Highway Patrol pursuant to subdivision (d) of Section 34501.12 and pay the fees required by subdivision (e) of that section.
(b)Fleet owners may not certify vehicle safety systems, as described in Section 9888.5 of the Business and Professions Code, or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the owners fleet.
SEC. 24.Section 11519 of the Vehicle Code is amended to read:11519.(a)A vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle may not be subsequently registered until there is submitted to the department all of the following:
(1)The prescribed bill of sale.
(2)An appropriate application.
(3)A vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, except that a fleet owner of motor trucks of three or more axles that are more than 6,000 pounds unladen weight, and a fleet owner of truck tractors, may instead submit certification for their own rebuilt vehicle if the fleet owner operates an inspection and maintenance station licensed by the commissioner under subdivision (b) of Section 2525.
(4)With respect to 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 from a licensed motor vehicle pollution control device installation and inspection station indicating that the vehicle is properly equipped with a motor vehicle pollution control device that is in proper operating condition and is in compliance with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(5)Any other documents or fees required under law.
(b)The department may not register a vehicle that has been referred to the Department of the California Highway Patrol under subdivision (b) of Section 5505 or that has been selected for inspection by that department under subdivision (c) of that section, until the applicant for registration submits to the department a certification of inspection issued by the Department of the California Highway Patrol and all of the documents required under subdivision (a).
SEC. 25.Section 24007 of the Vehicle Code is amended to read:24007.(a)(1)No dealer or person holding a retail sellers permit shall sell a new or used vehicle that is not in compliance with this code and departmental regulations adopted pursuant to this code, unless the vehicle is sold to another dealer, sold for the purpose of being legally wrecked or dismantled, or sold exclusively for off-highway use.
(2)Paragraph (1) does not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(3)Notwithstanding paragraph (1), the equipment requirements of this division do not apply to the sale of a leased vehicle by a dealer to a lessee if the lessee is in possession of the vehicle immediately prior to the time of the sale and the vehicle is registered in this state.
(b)(1)Except as provided in Section 24007.5, no person shall sell, or offer or deliver for sale, to the ultimate purchaser, or to any subsequent purchaser a new or used motor vehicle, as those terms are defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, subject to Part 5 (commencing with Section 43000) of that Division 26 which is not in compliance with that part and the rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
(2)Prior to or at the time of delivery for sale, the seller shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(3)Paragraph (2) does not apply to any vehicle whose transfer of ownership and registration is described in subdivision (d) of Section 4000.1.
(4)Paragraphs (1) and (2) do not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(c)(1)With each application for initial registration of a new motor vehicle or transfer of registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a dealer, the purchaser, or their authorized representative, shall transmit to the Department of Motor Vehicles a valid certificate of compliance or noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(2)Notwithstanding paragraph (1) of this subdivision, with respect to new vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, a dealer may transmit, in lieu of a certificate of compliance, a statement, in a form and containing information deemed necessary and appropriate by the Director of Motor Vehicles and the Executive Officer of the State Air Resources Board, to attest to the vehicles compliance with that chapter. The statement shall be certified under penalty of perjury, and shall be signed by the dealer or the dealers authorized representative.
(3)Paragraph (1) does not apply to a transfer of ownership and registration under any of the circumstances described in subdivision (d) of Section 4000.1.
(d)A salvage vehicle rebuilder, when selling a total loss salvage vehicle, including a revived salvage loss vehicle, shall provide the purchaser with a valid vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
SEC. 26.Section 24007.5 of the Vehicle Code is amended to read:24007.5.(a)(1)No auctioneer or public agency shall sell, at public auction, any vehicle specified in subdivision (a) of Section 24007, which is not in compliance with this code.
(2)Paragraph (1) does not apply to a vehicle that is sold under the conditions specified in subdivision (c), (d), (e), or (g) or is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use.
(b)Except with respect to the sale of a vehicle specified in paragraph (2) of subdivision (a), the consignor of any vehicle, specified in subdivision (b) of Section 24007, sold at public auction, shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(c)Notwithstanding any other provision of this code, if, in the opinion of a public utility or public agency, the cost of repairs to a vehicle exceeds the value of the vehicle to the public utility or public agency, the public utility or public agency shall, as transferee or owner, surrender the certificates of registration, documents satisfactory to the Department of Motor Vehicles showing proof of ownership, and the license plates issued for the vehicle to the Department of Motor Vehicles. As used in this section, public utility means a public utility as described in Sections 218, 222, and 234 of the Public Utilities Code.
(d)The public utility or public agency having complied with subdivision (c) shall, upon sale of the vehicle, give to the purchaser a bill of sale which includes, in addition to any other required information, the last issued license plate number.
(e)(1)Subdivisions (a) and (b) do not apply to any judicial sale, including, but not limited to, a bankruptcy sale, conducted pursuant to a writ of execution or order of court.
(2)Subdivision (b) does not apply to any lien sale if the lienholder does both of the following:
(A)Gives the notice required by subdivisions (a) and (b) of Section 5900.
(B)Notifies the buyer that California law requires that the buyer obtain a certificate of compliance or noncompliance and register the vehicle with the department, and that failure to comply will result in a lien against any vehicle owned by the buyer pursuant to Section 10876 of the Revenue and Taxation Code, enforceable pursuant to Section 10877 of the Revenue and Taxation Code and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3. Receipt of the notice required by this subparagraph shall be evidenced by the signature of the buyer.
(f)The exceptions in this section do not apply to any requirements for registration of a vehicle pursuant to Section 4000.1, 4000.2, or 4000.3.
(g)Except as otherwise provided in subdivision (e), any public agency or auctioneer which sells, at public auction, any vehicle specified in subdivision (b) of Section 24007, which is registered to a public agency or a public utility, shall provide each bidder with a notice in writing that certificates of compliance are required to be obtained, certifying that the vehicle complies with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code and Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, before the vehicle may be registered in this state, unless the vehicle is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use. Prior to the sale of the vehicle, a public agency or public utility shall remove the license plates from the vehicle and surrender them to the department. The purchaser of the vehicle shall be given a bill of sale which includes, in addition to any other required information, the vehicles last issued license plate number.
SEC. 27.Section 40616 of the Vehicle Code is amended to read:40616.Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a)Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed or contracted to inspect and certify for the violation pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code or Section 27150.2.
(b)Driver license and registration violations may be certified as corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court.
(c)Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.
SEC. 28.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 29.Section 1.5 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by both this bill and Senate Bill 373. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 27 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 373, in which case Section 1 of this bill shall not become operative.
(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensees home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensees address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the internet.
(b)In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The Acupuncture Board shall disclose information on its licensees.
(13)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14)The Dental Board of California shall disclose information on its licensees.
(15)The California State Board of Optometry shall disclose information on its licensees and registrants.
(16)The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.5.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensees home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensees address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the internet.
(b)In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The Acupuncture Board shall disclose information on its licensees.
(13)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14)The Dental Board of California shall disclose information on its licensees.
(15)The California State Board of Optometry shall disclose information on its licensees and registrants.
(16)The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)Notwithstanding subdivisions (a) and (c), the Board of Behavioral Sciences shall not disclose on the internet the full address of record of their licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This subdivision shall not apply to secondary documents linked to the boards internet website which may contain an address.
(g)Notwithstanding subdivisions (a) and (c), the Board of Psychology shall not disclose on the internet the full address of record of their licensees and registered psychological associates. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registered psychological associates. This subdivision shall not apply to secondary documents linked to the boards internet website which may contain an address.
(h)Notwithstanding subdivisions (a) and (c), the Veterinary Medical Board shall not disclose on the internet the full address of record of their licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This subdivision shall not apply to secondary documents linked to the boards internet website which may contain an address.
(i)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2.Section 9880.1 of the Business and Professions Code is amended to read:9880.1.The following definitions apply for the purposes of this chapter:
(a)Automotive repair dealer means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles, or engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(b)Automotive technician means an employee of an automotive repair dealer or that dealer, if the employer or dealer repairs motor vehicles and who, for salary or wage, performs repairs of motor vehicles as set forth in subdivision (k).
(c)Bureau means the Bureau of Automotive Repair.
(d)Chief means the Chief of the Bureau of Automotive Repair.
(e)Commercial business agreement means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automotive repair dealer, prior to the repair that is requested to be made, that contemplates a continuing business arrangement under which the automotive repair dealer is to repair any motor vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automotive repair facility to its customers.
(f)Customer means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. Customer shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer.
(g)Director means the Director of Consumer Affairs.
(h)Motor vehicle means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.
(i)Person includes a firm, partnership, association, limited liability company, or corporation.
(j)Preventative maintenance services means the following maintenance services: checking tire pressure and adding or relieving pressure, as necessary; rotating tires; changing transmission fluid, transmission filter, engine oil and filter, differential fluid, power steering fluid, and transfer case fluid; changing engine or cabin air filters, and external fuel filters; changing engine coolant; performing a fuel system induction service; replacing belts and windshield wiper blades; replacing light bulbs and restoring headlamps; adding oil or fuel treatments through the designated fill points; and topping off fluids; and all of the listed services include the removal, reinstallation, and replacement of any components necessary to perform each service, and the tapping of damaged threads without removal of any fluid pan.
(k)Repair of motor vehicles means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer, including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and roadside services.
(l)Roadside services means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by, or on behalf of, a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code, or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, that is owned or operated by a person or entity who possesses a valid motor carrier permit, as described in Section 34620 of the Vehicle Code, and is enrolled in the Basic Inspection of Terminals program, as described in Section 34501.12 of the Vehicle Code.
SEC. 3.Section 9880.4 is added to the Business and Professions Code, to read:9880.4.The Legislature finds and declares all of the following:
(a)The Bureau of Automotive Repair established the BAR Advisory Group to increase the level of communication between the bureau, the automotive repair industry, education providers, consumers, and other stakeholders. The advisory group meets quarterly to provide input to the chief on bureau and other state regulatory programs.
(b)It is the intent of the Legislature that the bureau continues to maintain a group of volunteer representatives to advise the bureau on regulatory issues and programs affecting the automotive repair industry.
SEC. 4.Section 9882 of the Business and Professions Code, as amended by Section 1 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)(A)On or after July 1, 2023, the director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(B)(i)The director may include in the citation system a process for an automotive repair dealer, upon successful completion of remedial training conducted by a provider certified pursuant to subdivision (d) of Section 9884.7, to prevent disclosure of the citation on the internet as provided in Section 27.
(ii)To be eligible for citation nondisclosure under this subparagraph, the automotive repair dealer shall not have attended remedial training in the prior 18-month period from the effective date of citation.
(iii)Any employee of the automotive repair dealer who was involved in the violation resulting in the bureaus issuance of the citation also may be required by the bureau to attend remedial training with the automotive repair dealer to prevent disclosure of the citation.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall be effective only until July 1, 2026, and as of that date is repealed.
SEC. 5.Section 9882 of the Business and Professions Code, as added by Section 2 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)The director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall become operative on July 1, 2026.
SEC. 6.Section 9884.16 of the Business and Professions Code is amended to read:9884.16.(a)A person required to have a valid registration under the provisions of this chapter shall not have the benefit of any lien for labor or materials, including the ability to charge storage fees in accordance with applicable laws, or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
(b)The bureau may adopt regulations, as necessary, in accordance with Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code and Section 22524.5 of the Vehicle Code, and any regulations of the Insurance Commissioner pertaining to vehicle towing or storage fees, or both, adopted pursuant to Sections 758.5 and 790.03 of the Insurance Code, to carry out the provisions of this section.
SEC. 7.Section 9887.5 of the Business and Professions Code is amended to read:9887.5.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 8.Section 9888.4.1 of the Business and Professions Code is amended to read:9888.4.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 9.Section 9888.5 of the Business and Professions Code is amended to read:9888.5.(a)The director shall develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(b)The director shall issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. The director may electronically issue these licenses.
(c)By January 1, 2024, the director shall adopt the regulations, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including, but not limited to, all of the following:
(1)Inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(2)The application fee and process for applicants, including any specialized application process for those licensees licensed pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1).
(3)The certificate of compliance fee and certification process for vehicles, including any specialized certification process for those vehicles certified pursuant to Article 8 (commencing with Section 9889.15). The director shall prescribe a form for the certificate of compliance that contains, at a minimum, the date of issuance, the make and registration number of the vehicle, and the official license of the station.
(d)The vehicle safety systems inspection license shall replace licenses issued pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1). Licenses issued in accordance with those articles shall remain valid until six months after the effective date of regulations adopted pursuant to subdivision (c). A licensee with a license issued pursuant to Article 5 (commencing with Section 9887.1) or Article 6 (commencing with Section 9888.1) shall thereafter be regulated under this article and shall apply for and be issued a vehicle safety systems inspection license under this article.
(e)The vehicle safety systems inspection certificate shall replace certificates issued pursuant to Article 8 (commencing with Section 9889.15). Certificates issued in accordance with that article shall remain valid until six months after the director adopts regulations pursuant to subdivision (c).
SEC. 10.Section 9889.19.1 of the Business and Professions Code is amended to read:9889.19.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 11.Section 9889.21 of the Business and Professions Code, as amended by Section 11 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 5 (commencing with Section 9887.1), Article 6 (commencing with Section 9888.1), Article 6.5 (commencing with Section 9888.5), and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall remain operative only until six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 12.Section 9889.21 of the Business and Professions Code, as added by Section 12 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 6.5 (commencing with Section 9888.5) and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall become operative six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5).
SEC. 13.Section 44003.5 of the Health and Safety Code is amended to read:44003.5.(a)Notwithstanding any other law, an enhanced motor vehicle inspection and maintenance program, including the provisions of Section 44010.5, is established in the San Francisco Bay Area Basin, consistent with the requirements described in subdivision (b).
(b)The department shall commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin, including directing motor vehicles to test facilities, after the department determines that an adequate number of test stations, test and repair stations, referee services, and other facilities and equipment necessary to provide reliable and convenient service to vehicle owners subject to the program exist in that basin.
(c)Upon commencing operation of the enhanced program in those areas of the San Francisco Bay Area Basin subject to the requirements of the program, the bureau shall utilize emission standards for oxides of nitrogen, and percentages of vehicles directed to test stations similar to those utilized to begin the initial implementation of the program in other enhanced areas of the state. The department shall phase in more stringent emission standards for oxides of nitrogen and direct higher percentages of vehicles to test stations, so that the fully implemented enhanced program in the San Francisco Bay area is consistent with the fully implemented enhanced program in other areas of the state.
(d)(1)On or before January 1, 2004, and concurrent with implementing subdivision (b), the board shall submit for peer review the study produced by the University of California at Riverside and commissioned by the Bay Area Air Quality Management District, and any other available scientifically credible evidence, to determine the impact of the enhanced motor vehicle inspection and maintenance program on Contra Costa County and surrounding areas. If the peer review concludes that the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin results in adverse ozone and other air quality impacts in Contra Costa County or parts of Solano, San Joaquin, Alameda, and Santa Clara Counties, the board, on or before January 1, 2004, shall suggest mitigation measures to the Legislature and to the respective air quality districts. These measures may include, but need not be limited to, a recommendation for additional funds to be made available for transit purposes and private passenger motor vehicle maintenance and repair purposes.
(2)It is the intent of the Legislature in enacting this section to seek implementation of those mitigation measures suggested under paragraph (1) that are found to be scientifically credible means to mitigate adverse ozone and other air quality impacts, are consistent with this section, and do not adversely impact downwind regions.
(e)Consistent with subdivision (b), it is the intent of the Legislature that the department commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Air Basin as expeditiously as possible in order to assist the San Francisco Bay Area and downwind air districts in meeting their federal air quality attainment requirements.
SEC. 14.Section 44010.5 of the Health and Safety Code is amended to read:44010.5.(a)The department shall implement a program with the capacity to inspect that portion of the total state vehicle fleet subject to inspection each year in the biennial program and registered in the enhanced program area, as established pursuant to paragraph (1) of subdivision (a) of Section 44003, which is sufficient to meet the emission reduction performance standards established by the United States Environmental Protection Agency in regulations adopted pursuant to the Clean Air Act Amendments of 1990. Except as provided in paragraph (2) of subdivision (b), the department shall afford smog check stations licensed pursuant to Section 44014 and certified pursuant to Section 44014.2 the initial opportunity to inspect vehicles subject to the program in this section.
(b)(1)The program shall use the testing procedures described in Section 44012.
(2)Vehicles selected for testing pursuant to this section shall include vehicles equipped without second generation onboard diagnostic systems (OBD II) and vehicles with emission problems that may not be adequately detected by the vehicles OBD II, as determined by the department in consultation with the state board. Vehicles subject to testing under this paragraph shall be tested by referee facilities or a similar contracted inspection network established by the department, which may include subcontracted licensed smog check stations, as provided in subdivision (f) of Section 44014.
(3)The department, in consultation with the state board, may also select for testing pursuant to this section any other vehicles necessary in order to meet the requirement described in subdivision (a).
(c)Vehicles in the enhanced program area that are not subjected to the program established by this section may be tested at smog check stations licensed pursuant to Section 44014 using appropriate testing procedures as determined by the department.
(d)The department shall ensure that there is a sufficient number of test facilities, and that they are properly located, to ensure reasonable accessibility and convenience to all persons within an enhanced program area.
(e)The department shall implement the program established in this section only in urbanized areas classified by the United States Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm, and shall not implement the program in any other area.
SEC. 15.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 vehicles 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, and on model-year 199699, inclusive, vehicles only, beginning no earlier than January 1, 2025. 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 vehicles emission control system.
(c)For other than diesel-powered vehicles, the vehicles 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 vehicles 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 vehicles 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 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.
(g)A determination as to whether the motor vehicle complies with the emission standards for that vehicles 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. 16.Section 44014 of the Health and Safety Code is amended to read:44014.(a)Except as otherwise provided in this chapter, the testing and repair portion of the program shall be conducted by smog check stations licensed by the department, and by smog check technicians who have qualified pursuant to this chapter.
(b)A smog check station may be licensed by the department as a smog check test-only station and, when so licensed, need not comply with the requirement for onsite availability of current service and adjustment procedures specified in paragraph (3) of subdivision (b) of Section 44030. A smog check technician employed by a smog check test-only station shall be qualified in accordance with this section.
(c)(1)The department shall supply a network of referees. Except as provided in paragraph (2) of subdivision (b) of Section 44010.5, a referee shall have no ownership interest in, or business or economic interest with, a smog check station. Referees may issue repair cost waivers, certificates of compliance or noncompliance, and hardship extensions, in accordance with regulations adopted by the department, and promote automotive training through community colleges and other training institutions certified by the department pursuant to Section 44030.5. Referees shall provide inspection services for specially constructed vehicles pursuant to Section 44017.4 and issue exhaust system certificates of compliance in accordance with Section 27150.2 of the Vehicle Code.
(2)The department may adopt regulations to establish qualification standards and any special administrative, operational, and licensure standards that the department determines to be necessary for the provision of referee services.
(3)The department may adopt, by regulation, a process by which vehicles that present prohibitive or unusual inspection circumstances are inspected by referees, including, but not limited to, the inspection of vehicles in which the manufacturers physical or operational design presents inspection incompatibilities, vehicles equipped with emission control configurations that do not match United States Environmental Protection Agency or state board certified configurations, including direct import vehicles and vehicles with engine changes, and vehicles equipped with retrofit alternative fuel conversion kits.
(4)(A)A referee may charge a fee sufficient to cover the costs of performing inspections of specially constructed vehicles pursuant to Section 44017.4, inspections pursuant to Section 27150.2 of the Vehicle Code, inspections of vehicles subject to paragraph (2) of subdivision (b) of Section 44010.5, and other appropriate categories of referee services as determined by the department. Requirements applicable to the fee, including its amount, shall be established by the department by regulation and the amount may be adjusted to reflect changes in the Consumer Price Index, as published by the United States Bureau of Labor Statistics. The fee may be collected by either a contracted referee or by the department, if the department is providing the referee service.
(B)If the fee is imposed and collected by a contracted referee, the contracted referee shall deposit the fees collected from the vehicle owner into a separate trust account that the referee shall account for and manage in accordance with generally accepted accounting practices.
(C)If the fee is imposed and collected by the department, the fees shall be deposited into the Vehicle Inspection and Repair Fund.
(d)A smog check station may also be licensed as a repair-only station, and if so licensed, may perform repairs to reduce excessive emissions on vehicles which have failed the smog check test. Repair procedures and equipment requirements shall be established by the department. Technicians employed by a smog check repair-only station shall be qualified in accordance with this section.
(e)Smog check technicians are qualified to test and repair only those classes and categories of vehicles for which they have passed a qualification test administered by the department. The department shall provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year. For the purposes of this chapter, qualified smog check technician refers to either a smog check repair technician or smog check inspector, or both.
(f)The consumer protection-oriented quality assurance portion of the program, including the provision of referee and inspection services pursuant to paragraph (2) of subdivision (b) of Section 44010.5, may be conducted by one or more private entities pursuant to contracts with the department.
SEC. 17.Section 44014.2 of the Health and Safety Code is amended to read:44014.2.(a)The department shall develop a program for the voluntary certification of licensed smog check stations, or the department may accept a smog check station certification program proposed by accredited industry representatives. The department shall establish inspection-based performance standards consistent with Section 44014.6 for stations certified under this program that the stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Sections 44010.5 and 44014.7, or vehicles identified by the department as gross polluters.
(b)The department shall adopt regulations that apply to all enhanced areas of the state, including those areas subject to the enhanced program pursuant to Section 44003.5, that permit both of the following:
(1)Any vehicle that fails a required smog test at a test facility may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(2)Any vehicle that is identified as a gross polluter may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(c)Smog check stations that seek voluntary certification under this section may enter into an agreement with the department to provide repair services pursuant to Section 44062.1.
(d)An agreement made pursuant to this section shall not be deemed to be a contract subject to the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
SEC. 18.Section 44014.5 of the Health and Safety Code is amended to read:44014.5.(a)The enhanced program shall provide for the testing and retesting of vehicles in accordance with Sections 44010.5 and 44014.2 and this section.
(b)The repair of vehicles at test-only stations is prohibited, except that the minor repair of components damaged by station personnel during inspection at the station, any minor repair that is necessary for the safe operation of a vehicle while at a station, or other minor repairs, such as the reconnection of hoses or vacuum lines, may be undertaken at no charge to the vehicle owner or operator if authorized in advance in writing by the department.
(c)The department shall make available to consumers a list, compiled by region, of smog check stations licensed to make repairs of vehicular emission control systems. A test-only station shall not refer a vehicle owner to any particular provider of vehicle repair services in which the test-only station has a financial interest.
(d)(1)The department shall establish standards for training, equipment, performance, or data collection for smog check stations.
(2)(A)The department shall establish inspection-based performance standards consistent with Section 44014.6 that smog check stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Section 44010.5 or 44014.7, or vehicles identified by the department as gross polluters. Failure at any time to meet these standards shall result in suspension of the certification to test these vehicles granted by the department. A test station not meeting the performance standards may continue to issue certificates of compliance and noncompliance for other vehicles. The department shall adopt measures to ensure the requirements of this subparagraph are met, including through the use of the computer database and computer network authorized by Section 44037.1.
(B)The department shall provide the test station with written or electronic notice, prior to the suspension pursuant to subparagraph (A). The notice shall specify the grounds for the suspension and provide that the station within five days of receipt of the notice may request a hearing before the chief of the bureau or their designee to contest the suspension. The request for hearing shall be in writing or shall be made electronically. Receipt of this hearing request shall stay the suspension pending the outcome of the hearing. If a request for hearing is not made, the chief of the bureau shall issue a final written decision of suspension within 10 days of the last date that a hearing could have been requested.
(C)The hearing conducted by the chief of the bureau or their designee shall be held not later than 10 days from the date that the request for a hearing is received by the chief of the bureau. The hearing requirements of Section 44072 shall not apply. The chief of the bureau shall render a written decision within 10 days of the hearing. The decision may rescind the suspension, affirm the suspension, or order any other appropriate action. Administrative review, before an administrative law judge, of the decision of the chief of the bureau may be sought within 30 days of the date of the decision.
(D)The department may adopt regulations to implement this paragraph.
(e)The department shall prohibit test-only stations from engaging in other business activities that represent a conflict of interest, as determined by the department. Upon implementation of the performance standards described in paragraph (2) of subdivision (d), ownership of a test-and-repair station by an owner of a test-only station shall not be considered a conflict of interest.
(f)A test facility contracted pursuant to paragraph (2) of subdivision (b) of Section 44010.5 may charge an inspection fee, established by the department, sufficient to cover the facilitys cost to perform the tests or services, including, but not limited to, referee services and the issuance of waivers and hardship extensions required by this chapter. In addition, the station shall charge and collect the certificate fee established pursuant to Section 44060.
(g)The department shall ensure that there is a sufficient number of test facilities to provide convenient testing for the following vehicles:
(1)All vehicles identified and confirmed as gross polluters pursuant to Section 44081 and Section 27156 of the Vehicle Code.
(2)(A)Vehicles initially identified as gross polluters by a smog check station licensed as a test-and-repair station may be issued a certificate of compliance by a licensed smog check station certified pursuant to Section 44014.2.
(B)For purposes of this section, the department shall implement a program that allows vehicles initially identified as gross polluters to be repaired and issued a certificate of compliance by a facility licensed and certified pursuant to Section 44014.2.
(3)All vehicles designated by the department pursuant to Sections 44014.7 and 44020.
(4)Vehicles issued an economic hardship extension in the previous biennial inspection of the vehicle.
(h)The department shall provide a sufficient number of referees authorized to perform referee functions to provide convenient testing for those vehicles that are required to report to, and receive a certificate of compliance from, a referee by this chapter, including all of the following:
(1)All vehicles seeking to utilize state-operated financial assistance or inclusion in authorized scrap programs.
(2)All vehicles unable to obtain a certificate of compliance from a licensed smog check station pursuant to subdivision (c) of Section 44015.
(3)Any other vehicles that may be designated by the department.
(i)Gross polluters shall be referred for a postrepair inspection and retest pursuant to subdivision (g). Passing the emissions test is not a sufficient condition for receiving a certificate of compliance. A certificate of compliance shall only be issued to a vehicle that does not have any defects with its emission control system or any defects that could lead to damage of its emission control system, as provided in regulations adopted by the department.
SEC. 19.Section 44014.7 of the Health and Safety Code is amended to read:44014.7.(a) The department shall require 2 percent of the vehicles required to obtain a certificate of compliance each year in enhanced program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(b) The department may require a number not to exceed 2 percent of the vehicles required to obtain a certificate of compliance each year in basic program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(c) The vehicles specified in subdivisions (a) and (b) shall be selected at random. The department shall select the vehicles and the Department of Motor Vehicles shall notify the owners of their obligation under this section pursuant to Section 4000.3 of the Vehicle Code. Selection shall be made from vehicles in an area where a test station is located.
SEC. 20.Section 44024.5 of the Health and Safety Code is amended to read:44024.5.(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 biennially beginning no later than July 1, 2011. 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.
(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.
SEC. 21.Section 44032 of the Health and Safety Code is amended to read:44032.No person shall perform, for compensation, tests or repairs of emission control devices or systems of motor vehicles required by this chapter unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. Qualified smog check technicians shall perform tests of emission control devices and systems in accordance with Section 44012.
SEC. 22.Section 44072.10 of the Health and Safety Code is amended to read:44072.10.(a)Notwithstanding Sections 44072 and 44072.4, the director, or the directors designee, pending a hearing conducted pursuant to subdivision (e), may temporarily suspend any smog check station or technicians license issued under this chapter, for a period not to exceed 60 days, if the department determines that the licensees conduct would endanger the public health, safety, or welfare before the matter could be heard pursuant to subdivision (e), based upon reasonable evidence of any of the following:
(1)Fraud.
(2)Tampering.
(3)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(4)A pattern or regular practice of violating this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(b)If a motor vehicle dealer sells any used vehicle, knowing that the vehicle has been fraudulently certified, that act shall be additional grounds for suspension or revocation pursuant to Section 11705 of the Vehicle Code. A dealers license revoked pursuant to this subdivision shall not be reinstated for any reason for a period of at least five years.
(c)The department shall revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. A fraudulent inspection includes, but is not limited to, all of the following:
(1)Clean piping, clean plugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(2)Tampering with a vehicle emission control system or test analyzer system.
(3)Tampering with a vehicle in a manner that would cause the vehicle to falsely pass or falsely fail an inspection.
(4)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(d)Once a license has been revoked for a smog check station or technician under subdivision (a) or (c), the license shall not be reinstated for any reason. A hearing shall be held and a decision issued within 60 days after the date on which the notice of the temporary suspension was provided unless the time for the hearing has been extended, or the right to a hearing has been waived, by the licensee.
(e)The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, or by court order.
(f)The department shall adopt, by regulation, procedures to ensure that any affected licensee is provided adequate notice and opportunity to be heard, except as otherwise provided in subdivision (a), prior to issuing an order temporarily suspending a license under this section.
SEC. 23.Section 2525.4 of the Vehicle Code is amended to read:2525.4.(a)Fleet owners licensed as inspection and maintenance stations shall do all of the following:
(1)Conduct all installations, adjustments, inspections, and maintenance under the supervision of, and subject to the regulations of, the department, and subject to Division 12 (commencing with Section 24000).
(2)If engaged in interstate transportation, also conduct inspections and maintenance in accordance with the requirements of the United States Department of Transportation.
(3)If operating or maintaining vehicles described in subdivisions (a), (b), (d), (e), (f), or (g), of Section 34500, enroll each licensed inspection and maintenance station for inspection by the Department of the California Highway Patrol pursuant to subdivision (d) of Section 34501.12 and pay the fees required by subdivision (e) of that section.
(b)Fleet owners may not certify vehicle safety systems, as described in Section 9888.5 of the Business and Professions Code, or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the owners fleet.
SEC. 24.Section 11519 of the Vehicle Code is amended to read:11519.(a)A vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle may not be subsequently registered until there is submitted to the department all of the following:
(1)The prescribed bill of sale.
(2)An appropriate application.
(3)A vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, except that a fleet owner of motor trucks of three or more axles that are more than 6,000 pounds unladen weight, and a fleet owner of truck tractors, may instead submit certification for their own rebuilt vehicle if the fleet owner operates an inspection and maintenance station licensed by the commissioner under subdivision (b) of Section 2525.
(4)With respect to 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 from a licensed motor vehicle pollution control device installation and inspection station indicating that the vehicle is properly equipped with a motor vehicle pollution control device that is in proper operating condition and is in compliance with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(5)Any other documents or fees required under law.
(b)The department may not register a vehicle that has been referred to the Department of the California Highway Patrol under subdivision (b) of Section 5505 or that has been selected for inspection by that department under subdivision (c) of that section, until the applicant for registration submits to the department a certification of inspection issued by the Department of the California Highway Patrol and all of the documents required under subdivision (a).
SEC. 25.Section 24007 of the Vehicle Code is amended to read:24007.(a)(1)No dealer or person holding a retail sellers permit shall sell a new or used vehicle that is not in compliance with this code and departmental regulations adopted pursuant to this code, unless the vehicle is sold to another dealer, sold for the purpose of being legally wrecked or dismantled, or sold exclusively for off-highway use.
(2)Paragraph (1) does not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(3)Notwithstanding paragraph (1), the equipment requirements of this division do not apply to the sale of a leased vehicle by a dealer to a lessee if the lessee is in possession of the vehicle immediately prior to the time of the sale and the vehicle is registered in this state.
(b)(1)Except as provided in Section 24007.5, no person shall sell, or offer or deliver for sale, to the ultimate purchaser, or to any subsequent purchaser a new or used motor vehicle, as those terms are defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, subject to Part 5 (commencing with Section 43000) of that Division 26 which is not in compliance with that part and the rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
(2)Prior to or at the time of delivery for sale, the seller shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(3)Paragraph (2) does not apply to any vehicle whose transfer of ownership and registration is described in subdivision (d) of Section 4000.1.
(4)Paragraphs (1) and (2) do not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(c)(1)With each application for initial registration of a new motor vehicle or transfer of registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a dealer, the purchaser, or their authorized representative, shall transmit to the Department of Motor Vehicles a valid certificate of compliance or noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(2)Notwithstanding paragraph (1) of this subdivision, with respect to new vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, a dealer may transmit, in lieu of a certificate of compliance, a statement, in a form and containing information deemed necessary and appropriate by the Director of Motor Vehicles and the Executive Officer of the State Air Resources Board, to attest to the vehicles compliance with that chapter. The statement shall be certified under penalty of perjury, and shall be signed by the dealer or the dealers authorized representative.
(3)Paragraph (1) does not apply to a transfer of ownership and registration under any of the circumstances described in subdivision (d) of Section 4000.1.
(d)A salvage vehicle rebuilder, when selling a total loss salvage vehicle, including a revived salvage loss vehicle, shall provide the purchaser with a valid vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
SEC. 26.Section 24007.5 of the Vehicle Code is amended to read:24007.5.(a)(1)No auctioneer or public agency shall sell, at public auction, any vehicle specified in subdivision (a) of Section 24007, which is not in compliance with this code.
(2)Paragraph (1) does not apply to a vehicle that is sold under the conditions specified in subdivision (c), (d), (e), or (g) or is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use.
(b)Except with respect to the sale of a vehicle specified in paragraph (2) of subdivision (a), the consignor of any vehicle, specified in subdivision (b) of Section 24007, sold at public auction, shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(c)Notwithstanding any other provision of this code, if, in the opinion of a public utility or public agency, the cost of repairs to a vehicle exceeds the value of the vehicle to the public utility or public agency, the public utility or public agency shall, as transferee or owner, surrender the certificates of registration, documents satisfactory to the Department of Motor Vehicles showing proof of ownership, and the license plates issued for the vehicle to the Department of Motor Vehicles. As used in this section, public utility means a public utility as described in Sections 218, 222, and 234 of the Public Utilities Code.
(d)The public utility or public agency having complied with subdivision (c) shall, upon sale of the vehicle, give to the purchaser a bill of sale which includes, in addition to any other required information, the last issued license plate number.
(e)(1)Subdivisions (a) and (b) do not apply to any judicial sale, including, but not limited to, a bankruptcy sale, conducted pursuant to a writ of execution or order of court.
(2)Subdivision (b) does not apply to any lien sale if the lienholder does both of the following:
(A)Gives the notice required by subdivisions (a) and (b) of Section 5900.
(B)Notifies the buyer that California law requires that the buyer obtain a certificate of compliance or noncompliance and register the vehicle with the department, and that failure to comply will result in a lien against any vehicle owned by the buyer pursuant to Section 10876 of the Revenue and Taxation Code, enforceable pursuant to Section 10877 of the Revenue and Taxation Code and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3. Receipt of the notice required by this subparagraph shall be evidenced by the signature of the buyer.
(f)The exceptions in this section do not apply to any requirements for registration of a vehicle pursuant to Section 4000.1, 4000.2, or 4000.3.
(g)Except as otherwise provided in subdivision (e), any public agency or auctioneer which sells, at public auction, any vehicle specified in subdivision (b) of Section 24007, which is registered to a public agency or a public utility, shall provide each bidder with a notice in writing that certificates of compliance are required to be obtained, certifying that the vehicle complies with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code and Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, before the vehicle may be registered in this state, unless the vehicle is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use. Prior to the sale of the vehicle, a public agency or public utility shall remove the license plates from the vehicle and surrender them to the department. The purchaser of the vehicle shall be given a bill of sale which includes, in addition to any other required information, the vehicles last issued license plate number.
SEC. 27.Section 40616 of the Vehicle Code is amended to read:40616.Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a)Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed or contracted to inspect and certify for the violation pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code or Section 27150.2.
(b)Driver license and registration violations may be certified as corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court.
(c)Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.
SEC. 28.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 29.Section 1.5 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by both this bill and Senate Bill 373. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 27 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 373, in which case Section 1 of this bill shall not become operative.
(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensees home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensees address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the internet.
(b)In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The Acupuncture Board shall disclose information on its licensees.
(13)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14)The Dental Board of California shall disclose information on its licensees.
(15)The California State Board of Optometry shall disclose information on its licensees and registrants.
(16)The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.5.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensees home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensees address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the internet.
(b)In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto automotive repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations. check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The Acupuncture Board shall disclose information on its licensees.
(13)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14)The Dental Board of California shall disclose information on its licensees.
(15)The California State Board of Optometry shall disclose information on its licensees and registrants.
(16)The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)Notwithstanding subdivisions (a) and (c), the Board of Behavioral Sciences shall not disclose on the internet the full address of record of their licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This subdivision shall not apply to secondary documents linked to the boards internet website which may contain an address.
(g)Notwithstanding subdivisions (a) and (c), the Board of Psychology shall not disclose on the internet the full address of record of their licensees and registered psychological associates. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registered psychological associates. This subdivision shall not apply to secondary documents linked to the boards internet website which may contain an address.
(h)Notwithstanding subdivisions (a) and (c), the Veterinary Medical Board shall not disclose on the internet the full address of record of their licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This subdivision shall not apply to secondary documents linked to the boards internet website which may contain an address.
(f)(i)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2.Section 9880.1 of the Business and Professions Code is amended to read:9880.1.The following definitions apply for the purposes of this chapter:
(a)Automotive repair dealer means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles, or engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(b)Automotive technician means an employee of an automotive repair dealer or that dealer, if the employer or dealer repairs motor vehicles and who, for salary or wage, performs repairs of motor vehicles as set forth in subdivision (k).
(c)Bureau means the Bureau of Automotive Repair.
(d)Chief means the Chief of the Bureau of Automotive Repair.
(e)Commercial business agreement means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automotive repair dealer, prior to the repair that is requested to be made, that contemplates a continuing business arrangement under which the automotive repair dealer is to repair any motor vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automotive repair facility to its customers.
(f)Customer means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. Customer shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer.
(g)Director means the Director of Consumer Affairs.
(h)Motor vehicle means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.
(i)Person includes a firm, partnership, association, limited liability company, or corporation.
(j)Preventative maintenance services means the following maintenance services: checking tire pressure and adding or relieving pressure, as necessary; rotating tires; changing transmission fluid, transmission filter, engine oil and filter, differential fluid, power steering fluid, and transfer case fluid; changing engine or cabin air filters, and external fuel filters; changing engine coolant; performing a fuel system induction service; replacing belts and windshield wiper blades; replacing light bulbs and restoring headlamps; adding oil or fuel treatments through the designated fill points; and topping off fluids; and all of the listed services include the removal, reinstallation, and replacement of any components necessary to perform each service, and the tapping of damaged threads without removal of any fluid pan.
(k)Repair of motor vehicles means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer, including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and roadside services.
(l)Roadside services means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by, or on behalf of, a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code, or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, that is owned or operated by a person or entity who possesses a valid motor carrier permit, as described in Section 34620 of the Vehicle Code, and is enrolled in the Basic Inspection of Terminals program, as described in Section 34501.12 of the Vehicle Code.
SEC. 3.Section 9880.4 is added to the Business and Professions Code, to read:9880.4.The Legislature finds and declares all of the following:
(a)The Bureau of Automotive Repair established the BAR Advisory Group to increase the level of communication between the bureau, the automotive repair industry, education providers, consumers, and other stakeholders. The advisory group meets quarterly to provide input to the chief on bureau and other state regulatory programs.
(b)It is the intent of the Legislature that the bureau continues to maintain a group of volunteer representatives to advise the bureau on regulatory issues and programs affecting the automotive repair industry.
SEC. 4.Section 9882 of the Business and Professions Code, as amended by Section 1 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)(A)On or after July 1, 2023, the director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(B)(i)The director may include in the citation system a process for an automotive repair dealer, upon successful completion of remedial training conducted by a provider certified pursuant to subdivision (d) of Section 9884.7, to prevent disclosure of the citation on the internet as provided in Section 27.
(ii)To be eligible for citation nondisclosure under this subparagraph, the automotive repair dealer shall not have attended remedial training in the prior 18-month period from the effective date of citation.
(iii)Any employee of the automotive repair dealer who was involved in the violation resulting in the bureaus issuance of the citation also may be required by the bureau to attend remedial training with the automotive repair dealer to prevent disclosure of the citation.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall be effective only until July 1, 2026, and as of that date is repealed.
SEC. 5.Section 9882 of the Business and Professions Code, as added by Section 2 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)The director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall become operative on July 1, 2026.
SEC. 6.Section 9884.16 of the Business and Professions Code is amended to read:9884.16.(a)A person required to have a valid registration under the provisions of this chapter shall not have the benefit of any lien for labor or materials, including the ability to charge storage fees in accordance with applicable laws, or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
(b)The bureau may adopt regulations, as necessary, in accordance with Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code and Section 22524.5 of the Vehicle Code, and any regulations of the Insurance Commissioner pertaining to vehicle towing or storage fees, or both, adopted pursuant to Sections 758.5 and 790.03 of the Insurance Code, to carry out the provisions of this section.
SEC. 7.Section 9887.5 of the Business and Professions Code is amended to read:9887.5.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 8.Section 9888.4.1 of the Business and Professions Code is amended to read:9888.4.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 9.Section 9888.5 of the Business and Professions Code is amended to read:9888.5.(a)The director shall develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(b)The director shall issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. The director may electronically issue these licenses.
(c)By January 1, 2024, the director shall adopt the regulations, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including, but not limited to, all of the following:
(1)Inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(2)The application fee and process for applicants, including any specialized application process for those licensees licensed pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1).
(3)The certificate of compliance fee and certification process for vehicles, including any specialized certification process for those vehicles certified pursuant to Article 8 (commencing with Section 9889.15). The director shall prescribe a form for the certificate of compliance that contains, at a minimum, the date of issuance, the make and registration number of the vehicle, and the official license of the station.
(d)The vehicle safety systems inspection license shall replace licenses issued pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1). Licenses issued in accordance with those articles shall remain valid until six months after the effective date of regulations adopted pursuant to subdivision (c). A licensee with a license issued pursuant to Article 5 (commencing with Section 9887.1) or Article 6 (commencing with Section 9888.1) shall thereafter be regulated under this article and shall apply for and be issued a vehicle safety systems inspection license under this article.
(e)The vehicle safety systems inspection certificate shall replace certificates issued pursuant to Article 8 (commencing with Section 9889.15). Certificates issued in accordance with that article shall remain valid until six months after the director adopts regulations pursuant to subdivision (c).
SEC. 10.Section 9889.19.1 of the Business and Professions Code is amended to read:9889.19.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 11.Section 9889.21 of the Business and Professions Code, as amended by Section 11 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 5 (commencing with Section 9887.1), Article 6 (commencing with Section 9888.1), Article 6.5 (commencing with Section 9888.5), and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall remain operative only until six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 12.Section 9889.21 of the Business and Professions Code, as added by Section 12 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 6.5 (commencing with Section 9888.5) and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall become operative six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5).
SEC. 13.Section 44003.5 of the Health and Safety Code is amended to read:44003.5.(a)Notwithstanding any other law, an enhanced motor vehicle inspection and maintenance program, including the provisions of Section 44010.5, is established in the San Francisco Bay Area Basin, consistent with the requirements described in subdivision (b).
(b)The department shall commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin, including directing motor vehicles to test facilities, after the department determines that an adequate number of test stations, test and repair stations, referee services, and other facilities and equipment necessary to provide reliable and convenient service to vehicle owners subject to the program exist in that basin.
(c)Upon commencing operation of the enhanced program in those areas of the San Francisco Bay Area Basin subject to the requirements of the program, the bureau shall utilize emission standards for oxides of nitrogen, and percentages of vehicles directed to test stations similar to those utilized to begin the initial implementation of the program in other enhanced areas of the state. The department shall phase in more stringent emission standards for oxides of nitrogen and direct higher percentages of vehicles to test stations, so that the fully implemented enhanced program in the San Francisco Bay area is consistent with the fully implemented enhanced program in other areas of the state.
(d)(1)On or before January 1, 2004, and concurrent with implementing subdivision (b), the board shall submit for peer review the study produced by the University of California at Riverside and commissioned by the Bay Area Air Quality Management District, and any other available scientifically credible evidence, to determine the impact of the enhanced motor vehicle inspection and maintenance program on Contra Costa County and surrounding areas. If the peer review concludes that the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin results in adverse ozone and other air quality impacts in Contra Costa County or parts of Solano, San Joaquin, Alameda, and Santa Clara Counties, the board, on or before January 1, 2004, shall suggest mitigation measures to the Legislature and to the respective air quality districts. These measures may include, but need not be limited to, a recommendation for additional funds to be made available for transit purposes and private passenger motor vehicle maintenance and repair purposes.
(2)It is the intent of the Legislature in enacting this section to seek implementation of those mitigation measures suggested under paragraph (1) that are found to be scientifically credible means to mitigate adverse ozone and other air quality impacts, are consistent with this section, and do not adversely impact downwind regions.
(e)Consistent with subdivision (b), it is the intent of the Legislature that the department commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Air Basin as expeditiously as possible in order to assist the San Francisco Bay Area and downwind air districts in meeting their federal air quality attainment requirements.
SEC. 14.Section 44010.5 of the Health and Safety Code is amended to read:44010.5.(a)The department shall implement a program with the capacity to inspect that portion of the total state vehicle fleet subject to inspection each year in the biennial program and registered in the enhanced program area, as established pursuant to paragraph (1) of subdivision (a) of Section 44003, which is sufficient to meet the emission reduction performance standards established by the United States Environmental Protection Agency in regulations adopted pursuant to the Clean Air Act Amendments of 1990. Except as provided in paragraph (2) of subdivision (b), the department shall afford smog check stations licensed pursuant to Section 44014 and certified pursuant to Section 44014.2 the initial opportunity to inspect vehicles subject to the program in this section.
(b)(1)The program shall use the testing procedures described in Section 44012.
(2)Vehicles selected for testing pursuant to this section shall include vehicles equipped without second generation onboard diagnostic systems (OBD II) and vehicles with emission problems that may not be adequately detected by the vehicles OBD II, as determined by the department in consultation with the state board. Vehicles subject to testing under this paragraph shall be tested by referee facilities or a similar contracted inspection network established by the department, which may include subcontracted licensed smog check stations, as provided in subdivision (f) of Section 44014.
(3)The department, in consultation with the state board, may also select for testing pursuant to this section any other vehicles necessary in order to meet the requirement described in subdivision (a).
(c)Vehicles in the enhanced program area that are not subjected to the program established by this section may be tested at smog check stations licensed pursuant to Section 44014 using appropriate testing procedures as determined by the department.
(d)The department shall ensure that there is a sufficient number of test facilities, and that they are properly located, to ensure reasonable accessibility and convenience to all persons within an enhanced program area.
(e)The department shall implement the program established in this section only in urbanized areas classified by the United States Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm, and shall not implement the program in any other area.
SEC. 15.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 vehicles 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, and on model-year 199699, inclusive, vehicles only, beginning no earlier than January 1, 2025. 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 vehicles emission control system.
(c)For other than diesel-powered vehicles, the vehicles 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 vehicles 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 vehicles 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 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.
(g)A determination as to whether the motor vehicle complies with the emission standards for that vehicles 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. 16.Section 44014 of the Health and Safety Code is amended to read:44014.(a)Except as otherwise provided in this chapter, the testing and repair portion of the program shall be conducted by smog check stations licensed by the department, and by smog check technicians who have qualified pursuant to this chapter.
(b)A smog check station may be licensed by the department as a smog check test-only station and, when so licensed, need not comply with the requirement for onsite availability of current service and adjustment procedures specified in paragraph (3) of subdivision (b) of Section 44030. A smog check technician employed by a smog check test-only station shall be qualified in accordance with this section.
(c)(1)The department shall supply a network of referees. Except as provided in paragraph (2) of subdivision (b) of Section 44010.5, a referee shall have no ownership interest in, or business or economic interest with, a smog check station. Referees may issue repair cost waivers, certificates of compliance or noncompliance, and hardship extensions, in accordance with regulations adopted by the department, and promote automotive training through community colleges and other training institutions certified by the department pursuant to Section 44030.5. Referees shall provide inspection services for specially constructed vehicles pursuant to Section 44017.4 and issue exhaust system certificates of compliance in accordance with Section 27150.2 of the Vehicle Code.
(2)The department may adopt regulations to establish qualification standards and any special administrative, operational, and licensure standards that the department determines to be necessary for the provision of referee services.
(3)The department may adopt, by regulation, a process by which vehicles that present prohibitive or unusual inspection circumstances are inspected by referees, including, but not limited to, the inspection of vehicles in which the manufacturers physical or operational design presents inspection incompatibilities, vehicles equipped with emission control configurations that do not match United States Environmental Protection Agency or state board certified configurations, including direct import vehicles and vehicles with engine changes, and vehicles equipped with retrofit alternative fuel conversion kits.
(4)(A)A referee may charge a fee sufficient to cover the costs of performing inspections of specially constructed vehicles pursuant to Section 44017.4, inspections pursuant to Section 27150.2 of the Vehicle Code, inspections of vehicles subject to paragraph (2) of subdivision (b) of Section 44010.5, and other appropriate categories of referee services as determined by the department. Requirements applicable to the fee, including its amount, shall be established by the department by regulation and the amount may be adjusted to reflect changes in the Consumer Price Index, as published by the United States Bureau of Labor Statistics. The fee may be collected by either a contracted referee or by the department, if the department is providing the referee service.
(B)If the fee is imposed and collected by a contracted referee, the contracted referee shall deposit the fees collected from the vehicle owner into a separate trust account that the referee shall account for and manage in accordance with generally accepted accounting practices.
(C)If the fee is imposed and collected by the department, the fees shall be deposited into the Vehicle Inspection and Repair Fund.
(d)A smog check station may also be licensed as a repair-only station, and if so licensed, may perform repairs to reduce excessive emissions on vehicles which have failed the smog check test. Repair procedures and equipment requirements shall be established by the department. Technicians employed by a smog check repair-only station shall be qualified in accordance with this section.
(e)Smog check technicians are qualified to test and repair only those classes and categories of vehicles for which they have passed a qualification test administered by the department. The department shall provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year. For the purposes of this chapter, qualified smog check technician refers to either a smog check repair technician or smog check inspector, or both.
(f)The consumer protection-oriented quality assurance portion of the program, including the provision of referee and inspection services pursuant to paragraph (2) of subdivision (b) of Section 44010.5, may be conducted by one or more private entities pursuant to contracts with the department.
SEC. 17.Section 44014.2 of the Health and Safety Code is amended to read:44014.2.(a)The department shall develop a program for the voluntary certification of licensed smog check stations, or the department may accept a smog check station certification program proposed by accredited industry representatives. The department shall establish inspection-based performance standards consistent with Section 44014.6 for stations certified under this program that the stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Sections 44010.5 and 44014.7, or vehicles identified by the department as gross polluters.
(b)The department shall adopt regulations that apply to all enhanced areas of the state, including those areas subject to the enhanced program pursuant to Section 44003.5, that permit both of the following:
(1)Any vehicle that fails a required smog test at a test facility may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(2)Any vehicle that is identified as a gross polluter may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(c)Smog check stations that seek voluntary certification under this section may enter into an agreement with the department to provide repair services pursuant to Section 44062.1.
(d)An agreement made pursuant to this section shall not be deemed to be a contract subject to the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
SEC. 18.Section 44014.5 of the Health and Safety Code is amended to read:44014.5.(a)The enhanced program shall provide for the testing and retesting of vehicles in accordance with Sections 44010.5 and 44014.2 and this section.
(b)The repair of vehicles at test-only stations is prohibited, except that the minor repair of components damaged by station personnel during inspection at the station, any minor repair that is necessary for the safe operation of a vehicle while at a station, or other minor repairs, such as the reconnection of hoses or vacuum lines, may be undertaken at no charge to the vehicle owner or operator if authorized in advance in writing by the department.
(c)The department shall make available to consumers a list, compiled by region, of smog check stations licensed to make repairs of vehicular emission control systems. A test-only station shall not refer a vehicle owner to any particular provider of vehicle repair services in which the test-only station has a financial interest.
(d)(1)The department shall establish standards for training, equipment, performance, or data collection for smog check stations.
(2)(A)The department shall establish inspection-based performance standards consistent with Section 44014.6 that smog check stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Section 44010.5 or 44014.7, or vehicles identified by the department as gross polluters. Failure at any time to meet these standards shall result in suspension of the certification to test these vehicles granted by the department. A test station not meeting the performance standards may continue to issue certificates of compliance and noncompliance for other vehicles. The department shall adopt measures to ensure the requirements of this subparagraph are met, including through the use of the computer database and computer network authorized by Section 44037.1.
(B)The department shall provide the test station with written or electronic notice, prior to the suspension pursuant to subparagraph (A). The notice shall specify the grounds for the suspension and provide that the station within five days of receipt of the notice may request a hearing before the chief of the bureau or their designee to contest the suspension. The request for hearing shall be in writing or shall be made electronically. Receipt of this hearing request shall stay the suspension pending the outcome of the hearing. If a request for hearing is not made, the chief of the bureau shall issue a final written decision of suspension within 10 days of the last date that a hearing could have been requested.
(C)The hearing conducted by the chief of the bureau or their designee shall be held not later than 10 days from the date that the request for a hearing is received by the chief of the bureau. The hearing requirements of Section 44072 shall not apply. The chief of the bureau shall render a written decision within 10 days of the hearing. The decision may rescind the suspension, affirm the suspension, or order any other appropriate action. Administrative review, before an administrative law judge, of the decision of the chief of the bureau may be sought within 30 days of the date of the decision.
(D)The department may adopt regulations to implement this paragraph.
(e)The department shall prohibit test-only stations from engaging in other business activities that represent a conflict of interest, as determined by the department. Upon implementation of the performance standards described in paragraph (2) of subdivision (d), ownership of a test-and-repair station by an owner of a test-only station shall not be considered a conflict of interest.
(f)A test facility contracted pursuant to paragraph (2) of subdivision (b) of Section 44010.5 may charge an inspection fee, established by the department, sufficient to cover the facilitys cost to perform the tests or services, including, but not limited to, referee services and the issuance of waivers and hardship extensions required by this chapter. In addition, the station shall charge and collect the certificate fee established pursuant to Section 44060.
(g)The department shall ensure that there is a sufficient number of test facilities to provide convenient testing for the following vehicles:
(1)All vehicles identified and confirmed as gross polluters pursuant to Section 44081 and Section 27156 of the Vehicle Code.
(2)(A)Vehicles initially identified as gross polluters by a smog check station licensed as a test-and-repair station may be issued a certificate of compliance by a licensed smog check station certified pursuant to Section 44014.2.
(B)For purposes of this section, the department shall implement a program that allows vehicles initially identified as gross polluters to be repaired and issued a certificate of compliance by a facility licensed and certified pursuant to Section 44014.2.
(3)All vehicles designated by the department pursuant to Sections 44014.7 and 44020.
(4)Vehicles issued an economic hardship extension in the previous biennial inspection of the vehicle.
(h)The department shall provide a sufficient number of referees authorized to perform referee functions to provide convenient testing for those vehicles that are required to report to, and receive a certificate of compliance from, a referee by this chapter, including all of the following:
(1)All vehicles seeking to utilize state-operated financial assistance or inclusion in authorized scrap programs.
(2)All vehicles unable to obtain a certificate of compliance from a licensed smog check station pursuant to subdivision (c) of Section 44015.
(3)Any other vehicles that may be designated by the department.
(i)Gross polluters shall be referred for a postrepair inspection and retest pursuant to subdivision (g). Passing the emissions test is not a sufficient condition for receiving a certificate of compliance. A certificate of compliance shall only be issued to a vehicle that does not have any defects with its emission control system or any defects that could lead to damage of its emission control system, as provided in regulations adopted by the department.
SEC. 19.Section 44014.7 of the Health and Safety Code is amended to read:44014.7.(a) The department shall require 2 percent of the vehicles required to obtain a certificate of compliance each year in enhanced program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(b) The department may require a number not to exceed 2 percent of the vehicles required to obtain a certificate of compliance each year in basic program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(c) The vehicles specified in subdivisions (a) and (b) shall be selected at random. The department shall select the vehicles and the Department of Motor Vehicles shall notify the owners of their obligation under this section pursuant to Section 4000.3 of the Vehicle Code. Selection shall be made from vehicles in an area where a test station is located.
SEC. 20.Section 44024.5 of the Health and Safety Code is amended to read:44024.5.(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 biennially beginning no later than July 1, 2011. 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.
(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.
SEC. 21.Section 44032 of the Health and Safety Code is amended to read:44032.No person shall perform, for compensation, tests or repairs of emission control devices or systems of motor vehicles required by this chapter unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. Qualified smog check technicians shall perform tests of emission control devices and systems in accordance with Section 44012.
SEC. 22.Section 44072.10 of the Health and Safety Code is amended to read:44072.10.(a)Notwithstanding Sections 44072 and 44072.4, the director, or the directors designee, pending a hearing conducted pursuant to subdivision (e), may temporarily suspend any smog check station or technicians license issued under this chapter, for a period not to exceed 60 days, if the department determines that the licensees conduct would endanger the public health, safety, or welfare before the matter could be heard pursuant to subdivision (e), based upon reasonable evidence of any of the following:
(1)Fraud.
(2)Tampering.
(3)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(4)A pattern or regular practice of violating this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(b)If a motor vehicle dealer sells any used vehicle, knowing that the vehicle has been fraudulently certified, that act shall be additional grounds for suspension or revocation pursuant to Section 11705 of the Vehicle Code. A dealers license revoked pursuant to this subdivision shall not be reinstated for any reason for a period of at least five years.
(c)The department shall revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. A fraudulent inspection includes, but is not limited to, all of the following:
(1)Clean piping, clean plugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(2)Tampering with a vehicle emission control system or test analyzer system.
(3)Tampering with a vehicle in a manner that would cause the vehicle to falsely pass or falsely fail an inspection.
(4)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(d)Once a license has been revoked for a smog check station or technician under subdivision (a) or (c), the license shall not be reinstated for any reason. A hearing shall be held and a decision issued within 60 days after the date on which the notice of the temporary suspension was provided unless the time for the hearing has been extended, or the right to a hearing has been waived, by the licensee.
(e)The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, or by court order.
(f)The department shall adopt, by regulation, procedures to ensure that any affected licensee is provided adequate notice and opportunity to be heard, except as otherwise provided in subdivision (a), prior to issuing an order temporarily suspending a license under this section.
SEC. 23.Section 2525.4 of the Vehicle Code is amended to read:2525.4.(a)Fleet owners licensed as inspection and maintenance stations shall do all of the following:
(1)Conduct all installations, adjustments, inspections, and maintenance under the supervision of, and subject to the regulations of, the department, and subject to Division 12 (commencing with Section 24000).
(2)If engaged in interstate transportation, also conduct inspections and maintenance in accordance with the requirements of the United States Department of Transportation.
(3)If operating or maintaining vehicles described in subdivisions (a), (b), (d), (e), (f), or (g), of Section 34500, enroll each licensed inspection and maintenance station for inspection by the Department of the California Highway Patrol pursuant to subdivision (d) of Section 34501.12 and pay the fees required by subdivision (e) of that section.
(b)Fleet owners may not certify vehicle safety systems, as described in Section 9888.5 of the Business and Professions Code, or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the owners fleet.
SEC. 24.Section 11519 of the Vehicle Code is amended to read:11519.(a)A vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle may not be subsequently registered until there is submitted to the department all of the following:
(1)The prescribed bill of sale.
(2)An appropriate application.
(3)A vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, except that a fleet owner of motor trucks of three or more axles that are more than 6,000 pounds unladen weight, and a fleet owner of truck tractors, may instead submit certification for their own rebuilt vehicle if the fleet owner operates an inspection and maintenance station licensed by the commissioner under subdivision (b) of Section 2525.
(4)With respect to 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 from a licensed motor vehicle pollution control device installation and inspection station indicating that the vehicle is properly equipped with a motor vehicle pollution control device that is in proper operating condition and is in compliance with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(5)Any other documents or fees required under law.
(b)The department may not register a vehicle that has been referred to the Department of the California Highway Patrol under subdivision (b) of Section 5505 or that has been selected for inspection by that department under subdivision (c) of that section, until the applicant for registration submits to the department a certification of inspection issued by the Department of the California Highway Patrol and all of the documents required under subdivision (a).
SEC. 25.Section 24007 of the Vehicle Code is amended to read:24007.(a)(1)No dealer or person holding a retail sellers permit shall sell a new or used vehicle that is not in compliance with this code and departmental regulations adopted pursuant to this code, unless the vehicle is sold to another dealer, sold for the purpose of being legally wrecked or dismantled, or sold exclusively for off-highway use.
(2)Paragraph (1) does not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(3)Notwithstanding paragraph (1), the equipment requirements of this division do not apply to the sale of a leased vehicle by a dealer to a lessee if the lessee is in possession of the vehicle immediately prior to the time of the sale and the vehicle is registered in this state.
(b)(1)Except as provided in Section 24007.5, no person shall sell, or offer or deliver for sale, to the ultimate purchaser, or to any subsequent purchaser a new or used motor vehicle, as those terms are defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, subject to Part 5 (commencing with Section 43000) of that Division 26 which is not in compliance with that part and the rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
(2)Prior to or at the time of delivery for sale, the seller shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(3)Paragraph (2) does not apply to any vehicle whose transfer of ownership and registration is described in subdivision (d) of Section 4000.1.
(4)Paragraphs (1) and (2) do not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(c)(1)With each application for initial registration of a new motor vehicle or transfer of registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a dealer, the purchaser, or their authorized representative, shall transmit to the Department of Motor Vehicles a valid certificate of compliance or noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(2)Notwithstanding paragraph (1) of this subdivision, with respect to new vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, a dealer may transmit, in lieu of a certificate of compliance, a statement, in a form and containing information deemed necessary and appropriate by the Director of Motor Vehicles and the Executive Officer of the State Air Resources Board, to attest to the vehicles compliance with that chapter. The statement shall be certified under penalty of perjury, and shall be signed by the dealer or the dealers authorized representative.
(3)Paragraph (1) does not apply to a transfer of ownership and registration under any of the circumstances described in subdivision (d) of Section 4000.1.
(d)A salvage vehicle rebuilder, when selling a total loss salvage vehicle, including a revived salvage loss vehicle, shall provide the purchaser with a valid vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
SEC. 26.Section 24007.5 of the Vehicle Code is amended to read:24007.5.(a)(1)No auctioneer or public agency shall sell, at public auction, any vehicle specified in subdivision (a) of Section 24007, which is not in compliance with this code.
(2)Paragraph (1) does not apply to a vehicle that is sold under the conditions specified in subdivision (c), (d), (e), or (g) or is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use.
(b)Except with respect to the sale of a vehicle specified in paragraph (2) of subdivision (a), the consignor of any vehicle, specified in subdivision (b) of Section 24007, sold at public auction, shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(c)Notwithstanding any other provision of this code, if, in the opinion of a public utility or public agency, the cost of repairs to a vehicle exceeds the value of the vehicle to the public utility or public agency, the public utility or public agency shall, as transferee or owner, surrender the certificates of registration, documents satisfactory to the Department of Motor Vehicles showing proof of ownership, and the license plates issued for the vehicle to the Department of Motor Vehicles. As used in this section, public utility means a public utility as described in Sections 218, 222, and 234 of the Public Utilities Code.
(d)The public utility or public agency having complied with subdivision (c) shall, upon sale of the vehicle, give to the purchaser a bill of sale which includes, in addition to any other required information, the last issued license plate number.
(e)(1)Subdivisions (a) and (b) do not apply to any judicial sale, including, but not limited to, a bankruptcy sale, conducted pursuant to a writ of execution or order of court.
(2)Subdivision (b) does not apply to any lien sale if the lienholder does both of the following:
(A)Gives the notice required by subdivisions (a) and (b) of Section 5900.
(B)Notifies the buyer that California law requires that the buyer obtain a certificate of compliance or noncompliance and register the vehicle with the department, and that failure to comply will result in a lien against any vehicle owned by the buyer pursuant to Section 10876 of the Revenue and Taxation Code, enforceable pursuant to Section 10877 of the Revenue and Taxation Code and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3. Receipt of the notice required by this subparagraph shall be evidenced by the signature of the buyer.
(f)The exceptions in this section do not apply to any requirements for registration of a vehicle pursuant to Section 4000.1, 4000.2, or 4000.3.
(g)Except as otherwise provided in subdivision (e), any public agency or auctioneer which sells, at public auction, any vehicle specified in subdivision (b) of Section 24007, which is registered to a public agency or a public utility, shall provide each bidder with a notice in writing that certificates of compliance are required to be obtained, certifying that the vehicle complies with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code and Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, before the vehicle may be registered in this state, unless the vehicle is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use. Prior to the sale of the vehicle, a public agency or public utility shall remove the license plates from the vehicle and surrender them to the department. The purchaser of the vehicle shall be given a bill of sale which includes, in addition to any other required information, the vehicles last issued license plate number.
SEC. 27.Section 40616 of the Vehicle Code is amended to read:40616.Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a)Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed or contracted to inspect and certify for the violation pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code or Section 27150.2.
(b)Driver license and registration violations may be certified as corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court.
(c)Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.
SEC. 28.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 29.Section 1.5 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by both this bill and Senate Bill 373. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 27 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 373, in which case Section 1 of this bill shall not become operative.
(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensees home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensees address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the internet.
(b)In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The Acupuncture Board shall disclose information on its licensees.
(13)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14)The Dental Board of California shall disclose information on its licensees.
(15)The California State Board of Optometry shall disclose information on its licensees and registrants.
(16)The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2.Section 9880.1 of the Business and Professions Code is amended to read:9880.1.The following definitions apply for the purposes of this chapter:
(a)Automotive repair dealer means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles, or engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(b)Automotive technician means an employee of an automotive repair dealer or that dealer, if the employer or dealer repairs motor vehicles and who, for salary or wage, performs repairs of motor vehicles as set forth in subdivision (k).
(c)Bureau means the Bureau of Automotive Repair.
(d)Chief means the Chief of the Bureau of Automotive Repair.
(e)Commercial business agreement means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automotive repair dealer, prior to the repair that is requested to be made, that contemplates a continuing business arrangement under which the automotive repair dealer is to repair any motor vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automotive repair facility to its customers.
(f)Customer means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. Customer shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer.
(g)Director means the Director of Consumer Affairs.
(h)Motor vehicle means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.
(i)Person includes a firm, partnership, association, limited liability company, or corporation.
(j)Preventative maintenance services means the following maintenance services: checking tire pressure and adding or relieving pressure, as necessary; rotating tires; changing transmission fluid, transmission filter, engine oil and filter, differential fluid, power steering fluid, and transfer case fluid; changing engine or cabin air filters, and external fuel filters; changing engine coolant; performing a fuel system induction service; replacing belts and windshield wiper blades; replacing light bulbs and restoring headlamps; adding oil or fuel treatments through the designated fill points; and topping off fluids; and all of the listed services include the removal, reinstallation, and replacement of any components necessary to perform each service, and the tapping of damaged threads without removal of any fluid pan.
(k)Repair of motor vehicles means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer, including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and roadside services.
(l)Roadside services means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by, or on behalf of, a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code, or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, that is owned or operated by a person or entity who possesses a valid motor carrier permit, as described in Section 34620 of the Vehicle Code, and is enrolled in the Basic Inspection of Terminals program, as described in Section 34501.12 of the Vehicle Code.
SEC. 3.Section 9880.4 is added to the Business and Professions Code, to read:9880.4.The Legislature finds and declares all of the following:
(a)The Bureau of Automotive Repair established the BAR Advisory Group to increase the level of communication between the bureau, the automotive repair industry, education providers, consumers, and other stakeholders. The advisory group meets quarterly to provide input to the chief on bureau and other state regulatory programs.
(b)It is the intent of the Legislature that the bureau continues to maintain a group of volunteer representatives to advise the bureau on regulatory issues and programs affecting the automotive repair industry.
SEC. 4.Section 9882 of the Business and Professions Code, as amended by Section 1 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)(A)On or after July 1, 2023, the director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(B)(i)The director may include in the citation system a process for an automotive repair dealer, upon successful completion of remedial training conducted by a provider certified pursuant to subdivision (d) of Section 9884.7, to prevent disclosure of the citation on the internet as provided in Section 27.
(ii)To be eligible for citation nondisclosure under this subparagraph, the automotive repair dealer shall not have attended remedial training in the prior 18-month period from the effective date of citation.
(iii)Any employee of the automotive repair dealer who was involved in the violation resulting in the bureaus issuance of the citation also may be required by the bureau to attend remedial training with the automotive repair dealer to prevent nondisclosure disclosure of the citation.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall be effective only until July 1, 2026, and as of that date is repealed.
SEC. 5.Section 9882 of the Business and Professions Code, as added by Section 2 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)The director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall become operative on July 1, 2026.
SEC. 6.Section 9884.16 of the Business and Professions Code is amended to read:9884.16.(a)A person required to have a valid registration under the provisions of this chapter shall not have the benefit of any lien for labor or materials, including the ability to charge storage fees in accordance with applicable laws, or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
(b)The bureau may adopt regulations, as necessary, in accordance with Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code and Section 22524.5 of the Vehicle Code, and any regulations of the Insurance Commissioner pertaining to vehicle towing or storage fees, or both, adopted pursuant to Sections 758.5 and 790.03 of the Insurance Code, to carry out the provisions of this section.
SEC. 7.Section 9887.5 of the Business and Professions Code is amended to read:9887.5.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 8.Section 9888.4.1 of the Business and Professions Code is amended to read:9888.4.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 9.Section 9888.5 of the Business and Professions Code is amended to read:9888.5.(a)The director shall develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(b)The director shall issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. The director may electronically issue these licenses.
(c)By January 1, 2024, the director shall adopt the regulations, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including, but not limited to, all of the following:
(1)Inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(2)The application fee and process for applicants, including any specialized application process for those licensees licensed pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1).
(3)The certificate of compliance fee and certification process for vehicles, including any specialized certification process for those vehicles certified pursuant to Article 8 (commencing with Section 9889.15). The director shall prescribe a form for the certificate of compliance that contains, at a minimum, the date of issuance, the make and registration number of the vehicle, and the official license of the station.
(d)The vehicle safety systems inspection license shall replace licenses issued pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1). Licenses issued in accordance with those articles shall remain valid until six months after the effective date of regulations adopted pursuant to subdivision (c). A licensee with a license issued pursuant to Article 5 (commencing with Section 9887.1) or Article 6 (commencing with Section 9888.1) shall thereafter be regulated under this article and shall apply for and be issued a vehicle safety systems inspection license under this article.
(e)The vehicle safety systems inspection certificate shall replace certificates issued pursuant to Article 8 (commencing with Section 9889.15). Certificates issued in accordance with that article shall remain valid until six months after the director adopts regulations pursuant to subdivision (c).
SEC. 10.Section 9889.19.1 of the Business and Professions Code is amended to read:9889.19.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 11.Section 9889.21 of the Business and Professions Code, as amended by Section 11 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 5 (commencing with Section 9887.1), Article 6 (commencing with Section 9888.1), Article 6.5 (commencing with Section 9888.5), and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall remain operative only until six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 12.Section 9889.21 of the Business and Professions Code, as added by Section 12 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 6.5 (commencing with Section 9888.5) and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall become operative six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5).
SEC. 13.Section 44003.5 of the Health and Safety Code is amended to read:44003.5.(a)Notwithstanding any other law, an enhanced motor vehicle inspection and maintenance program, including the provisions of Section 44010.5, is established in the San Francisco Bay Area Basin, consistent with the requirements described in subdivision (b).
(b)The department shall commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin, including directing motor vehicles to test facilities, after the department determines that an adequate number of test stations, test and repair stations, referee services, and other facilities and equipment necessary to provide reliable and convenient service to vehicle owners subject to the program exist in that basin.
(c)Upon commencing operation of the enhanced program in those areas of the San Francisco Bay Area Basin subject to the requirements of the program, the bureau shall utilize emission standards for oxides of nitrogen, and percentages of vehicles directed to test stations similar to those utilized to begin the initial implementation of the program in other enhanced areas of the state. The department shall phase in more stringent emission standards for oxides of nitrogen and direct higher percentages of vehicles to test stations, so that the fully implemented enhanced program in the San Francisco Bay area is consistent with the fully implemented enhanced program in other areas of the state.
(d)(1)On or before January 1, 2004, and concurrent with implementing subdivision (b), the board shall submit for peer review the study produced by the University of California at Riverside and commissioned by the Bay Area Air Quality Management District, and any other available scientifically credible evidence, to determine the impact of the enhanced motor vehicle inspection and maintenance program on Contra Costa County and surrounding areas. If the peer review concludes that the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin results in adverse ozone and other air quality impacts in Contra Costa County or parts of Solano, San Joaquin, Alameda, and Santa Clara Counties, the board, on or before January 1, 2004, shall suggest mitigation measures to the Legislature and to the respective air quality districts. These measures may include, but need not be limited to, a recommendation for additional funds to be made available for transit purposes and private passenger motor vehicle maintenance and repair purposes.
(2)It is the intent of the Legislature in enacting this section to seek implementation of those mitigation measures suggested under paragraph (1) that are found to be scientifically credible means to mitigate adverse ozone and other air quality impacts, are consistent with this section, and do not adversely impact downwind regions.
(e)Consistent with subdivision (b), it is the intent of the Legislature that the department commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Air Basin as expeditiously as possible in order to assist the San Francisco Bay Area and downwind air districts in meeting their federal air quality attainment requirements.
SEC. 14.Section 44010.5 of the Health and Safety Code is amended to read:44010.5.(a)The department shall implement a program with the capacity to inspect that portion of the total state vehicle fleet subject to inspection each year in the biennial program and registered in the enhanced program area, as established pursuant to paragraph (1) of subdivision (a) of Section 44003, which is sufficient to meet the emission reduction performance standards established by the United States Environmental Protection Agency in regulations adopted pursuant to the Clean Air Act Amendments of 1990. Except as provided in paragraph (2) of subdivision (b), the department shall afford smog check stations licensed pursuant to Section 44014 and certified pursuant to Section 44014.2 the initial opportunity to inspect vehicles subject to the program in this section.
(b)(1)The program shall use the testing procedures described in Section 44012.
(2)Vehicles selected for testing pursuant to this section shall include vehicles equipped without second generation onboard diagnostic systems (OBD II) and vehicles with emission problems that may not be adequately detected by the vehicles OBD II, as determined by the department in consultation with the state board. Vehicles subject to testing under this paragraph shall be tested by referee facilities or a similar contracted inspection network established by the department, which may include subcontracted licensed smog check stations, as provided in subdivision (f) of Section 44014.
(3)The department, in consultation with the state board, may also select for testing pursuant to this section any other vehicles necessary in order to meet the requirement described in subdivision (a).
(c)Vehicles in the enhanced program area that are not subjected to the program established by this section may be tested at smog check stations licensed pursuant to Section 44014 using appropriate testing procedures as determined by the department.
(d)The department shall ensure that there is a sufficient number of test facilities, and that they are properly located, to ensure reasonable accessibility and convenience to all persons within an enhanced program area.
(e)The department shall implement the program established in this section only in urbanized areas classified by the United States Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm, and shall not implement the program in any other area.
SEC. 15.Section 44011 of the Health and Safety Code is amended to read:44011.(a)All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following:(1)All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles.(2)All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months.(3)All motor vehicles manufactured prior to the 1976 model-year.(4)(A)Except as provided in subparagraph (B), all motor vehicles four or less model-years old.(B)(i)Beginning January 1, 2005, all motor vehicles six or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the states commitments with respect to the state implementation plan required by the federal Clean Air Act.(ii)Notwithstanding clause (i), beginning January 1, 2019, all motor vehicles eight or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the states commitments with respect to the state implementation plan required by the federal Clean Air Act.(iii)Clause (ii) does not apply to a motor vehicle that is seven model-years old in year 2018 for which a certificate of compliance has been obtained.(C)All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply:(i)The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emission control system or would fail for other cause a smog check test as specified in Section 44012.(ii)The vehicle was previously registered outside this state and is undergoing initial registration in this state.(iii)The vehicle is being registered as a specially constructed vehicle.(iv)The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing.(D)This paragraph does not apply to diesel-powered vehicles.(5)In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection.(6)All motor vehicles that the department determines would present prohibitive inspection or repair problems.(7)Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage.(8)(A)All diesel-powered vehicles manufactured prior to the 1998 model-year.(B)All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.(C)All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.(D)All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater.(b)Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas.(c)For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 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 vehicles 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.(d)Upon application to the bureau by an individual vehicle owner and receipt of documentation demonstrating a significant risk to the health or safety, or both, of the applicant, the bureau may temporarily waive the requirements in subdivisions (a) and (b) if the waiver is required to ensure the health or safety, or both, of the vehicle owner who is impacted by a declared local, state, or federal emergency.SEC. 16.SEC. 15.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 vehicles 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, and on model-year 199699, inclusive, vehicles only, beginning no earlier than January 1, 2025. 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 vehicles emission control system.
(c)For other than diesel-powered vehicles, the vehicles 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 vehicles 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 vehicles 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 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.
(g)A determination as to whether the motor vehicle complies with the emission standards for that vehicles 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. 17.SEC. 16.Section 44014 of the Health and Safety Code is amended to read:44014.(a) Except as otherwise provided in this chapter, the testing and repair portion of the program shall be conducted by smog check stations licensed by the department, and by smog check technicians who have qualified pursuant to this chapter.
(b)A smog check station may be licensed by the department as a smog check test-only station and, when so licensed, need not comply with the requirement for onsite availability of current service and adjustment procedures specified in paragraph (3) of subdivision (b) of Section 44030. A smog check technician employed by a smog check test-only station shall be qualified in accordance with this section.
(c)(1)The department shall supply a network of referees. Except as provided in paragraph (2) of subdivision (b) of Section 44010.5, a referee shall have no ownership interest in, or business or economic interest with, a smog check station. Referees may issue repair cost waivers, certificates of compliance or noncompliance, and hardship extensions, in accordance with regulations adopted by the department, and promote automotive training through community colleges and other training institutions certified by the department pursuant to Section 44030.5. Referees shall provide inspection services for specially constructed vehicles pursuant to Section 44017.4 and issue exhaust system certificates of compliance in accordance with Section 27150.2 of the Vehicle Code.
(2)The department may adopt regulations to establish qualification standards and any special administrative, operational, and licensure standards that the department determines to be necessary for the provision of referee services.
(3)The department may adopt, by regulation, a process by which vehicles that present prohibitive or unusual inspection circumstances are inspected by referees, including, but not limited to, the inspection of vehicles in which the manufacturers physical or operational design presents inspection incompatibilities, vehicles equipped with emission control configurations that do not match United States Environmental Protection Agency or state board certified configurations, including direct import vehicles and vehicles with engine changes, and vehicles equipped with retrofit alternative fuel conversion kits.
(4)(A)A referee may charge a fee sufficient to cover the costs of performing inspections of specially constructed vehicles pursuant to Section 44017.4, inspections pursuant to Section 27150.2 of the Vehicle Code, inspections of vehicles subject to paragraph (2) of subdivision (b) of Section 44010.5, and other appropriate categories of referee services as determined by the department. Requirements applicable to the fee, including its amount, shall be established by the department by regulation and the amount may be adjusted to reflect changes in the Consumer Price Index, as published by the United States Bureau of Labor Statistics. The fee may be collected by either a contracted referee or by the department, if the department is providing the referee service.
(B)If the fee is imposed and collected by a contracted referee, the contracted referee shall deposit the fees collected from the vehicle owner into a separate trust account that the referee shall account for and manage in accordance with generally accepted accounting practices.
(C)If the fee is imposed and collected by the department, the fees shall be deposited into the Vehicle Inspection and Repair Fund.
(d)A smog check station may also be licensed as a repair-only station, and if so licensed, may perform repairs to reduce excessive emissions on vehicles which have failed the smog check test. Repair procedures and equipment requirements shall be established by the department. Technicians employed by a smog check repair-only station shall be qualified in accordance with this section.
(e)Smog check technicians are qualified to test and repair only those classes and categories of vehicles for which they have passed a qualification test administered by the department. The department shall provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year. For the purposes of this chapter, qualified smog check technician refers to either a smog check repair technician or smog check inspector, or both.
(f)The consumer protection-oriented quality assurance portion of the program, including the provision of referee and inspection services pursuant to paragraph (2) of subdivision (b) of Section 44010.5, may be conducted by one or more private entities pursuant to contracts with the department.
SEC. 18.SEC. 17.Section 44014.2 of the Health and Safety Code is amended to read:44014.2.(a)The department shall develop a program for the voluntary certification of licensed smog check stations, or the department may accept a smog check station certification program proposed by accredited industry representatives. The department shall establish inspection-based performance standards consistent with Section 44014.6 for stations certified under this program that the stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Sections 44010.5 and 44014.7, or vehicles identified by the department as gross polluters.
(b)The department shall adopt regulations that apply to all enhanced areas of the state, including those areas subject to the enhanced program pursuant to Section 44003.5, that permit both of the following:
(1)Any vehicle that fails a required smog test at a test facility may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(2)Any vehicle that is identified as a gross polluter may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(c)Smog check stations that seek voluntary certification under this section may enter into an agreement with the department to provide repair services pursuant to Section 44062.1.
(d)An agreement made pursuant to this section shall not be deemed to be a contract subject to the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
SEC. 19.SEC. 18.Section 44014.5 of the Health and Safety Code is amended to read:44014.5.(a)The enhanced program shall provide for the testing and retesting of vehicles in accordance with Sections 44010.5 and 44014.2 and this section.
(b)The repair of vehicles at test-only stations is prohibited, except that the minor repair of components damaged by station personnel during inspection at the station, any minor repair that is necessary for the safe operation of a vehicle while at a station, or other minor repairs, such as the reconnection of hoses or vacuum lines, may be undertaken at no charge to the vehicle owner or operator if authorized in advance in writing by the department.
(c)The department shall make available to consumers a list, compiled by region, of smog check stations licensed to make repairs of vehicular emission control systems. A test-only station shall not refer a vehicle owner to any particular provider of vehicle repair services in which the test-only station has a financial interest.
(d)(1)The department shall establish standards for training, equipment, performance, or data collection for smog check stations.
(2)(A)The department shall establish inspection-based performance standards consistent with Section 44014.6 that smog check stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Section 44010.5 or 44014.7, or vehicles identified by the department as gross polluters. Failure at any time to meet these standards shall result in suspension of the certification to test these vehicles granted by the department. A test station not meeting the performance standards may continue to issue certificates of compliance and noncompliance for other vehicles. The department shall adopt measures to ensure the requirements of this subparagraph are met, including through the use of the computer database and computer network authorized by Section 44037.1.
(B)The department shall provide the test station with written or electronic notice, prior to the suspension pursuant to subparagraph (A). The notice shall specify the grounds for the suspension and provide that the station within five days of receipt of the notice may request a hearing before the chief of the bureau or their designee to contest the suspension. The request for hearing shall be in writing or shall be made electronically. Receipt of this hearing request shall stay the suspension pending the outcome of the hearing. If a request for hearing is not made, the chief of the bureau shall issue a final written decision of suspension within 10 days of the last date that a hearing could have been requested.
(C)The hearing conducted by the chief of the bureau or their designee shall be held not later than 10 days from the date that the request for a hearing is received by the chief of the bureau. The hearing requirements of Section 44072 shall not apply. The chief of the bureau shall render a written decision within 10 days of the hearing. The decision may rescind the suspension, affirm the suspension, or order any other appropriate action. Administrative review, before an administrative law judge, of the decision of the chief of the bureau may be sought within 30 days of the date of the decision.
(D)The department may adopt regulations to implement this paragraph.
(e)The department shall prohibit test-only stations from engaging in other business activities that represent a conflict of interest, as determined by the department. Upon implementation of the performance standards described in paragraph (2) of subdivision (d), ownership of a test-and-repair station by an owner of a test-only station shall not be considered a conflict of interest.
(f)A test facility contracted pursuant to paragraph (2) of subdivision (b) of Section 44010.5 may charge an inspection fee, established by the department, sufficient to cover the facilitys cost to perform the tests or services, including, but not limited to, referee services and the issuance of waivers and hardship extensions required by this chapter. In addition, the station shall charge and collect the certificate fee established pursuant to Section 44060.
(g)The department shall ensure that there is a sufficient number of test facilities to provide convenient testing for the following vehicles:
(1)All vehicles identified and confirmed as gross polluters pursuant to Section 44081 and Section 27156 of the Vehicle Code.
(2)(A)Vehicles initially identified as gross polluters by a smog check station licensed as a test-and-repair station may be issued a certificate of compliance by a licensed smog check station certified pursuant to Section 44014.2.
(B)For purposes of this section, the department shall implement a program that allows vehicles initially identified as gross polluters to be repaired and issued a certificate of compliance by a facility licensed and certified pursuant to Section 44014.2.
(3)All vehicles designated by the department pursuant to Sections 44014.7 and 44020.
(4)Vehicles issued an economic hardship extension in the previous biennial inspection of the vehicle.
(h)The department shall provide a sufficient number of referees authorized to perform referee functions to provide convenient testing for those vehicles that are required to report to, and receive a certificate of compliance from, a referee by this chapter, including all of the following:
(1)All vehicles seeking to utilize state-operated financial assistance or inclusion in authorized scrap programs.
(2)All vehicles unable to obtain a certificate of compliance from a licensed smog check station pursuant to subdivision (c) of Section 44015.
(3)Any other vehicles that may be designated by the department.
(i)Gross polluters shall be referred for a postrepair inspection and retest pursuant to subdivision (g). Passing the emissions test is not a sufficient condition for receiving a certificate of compliance. A certificate of compliance shall only be issued to a vehicle that does not have any defects with its emission control system or any defects that could lead to damage of its emission control system, as provided in regulations adopted by the department.
SEC. 20.SEC. 19.Section 44014.7 of the Health and Safety Code is amended to read:44014.7.(a) The department shall require 2 percent of the vehicles required to obtain a certificate of compliance each year in enhanced program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(b) The department may require a number not to exceed 2 percent of the vehicles required to obtain a certificate of compliance each year in basic program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(c) The vehicles specified in subdivisions (a) and (b) shall be selected at random. The department shall select the vehicles and the Department of Motor Vehicles shall notify the owners of their obligation under this section pursuant to Section 4000.3 of the Vehicle Code. Selection shall be made from vehicles in an area where a test station is located.
SEC. 21.SEC. 20.Section 44024.5 of the Health and Safety Code is amended to read:44024.5.(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 biennially beginning no later than July 1, 2011. 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.
(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.
SEC. 22.SEC. 21.Section 44032 of the Health and Safety Code is amended to read:44032.No person shall perform, for compensation, tests or repairs of emission control devices or systems of motor vehicles required by this chapter unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. Qualified smog check technicians shall perform tests of emission control devices and systems in accordance with Section 44012.
SEC. 23.SEC. 22.Section 44072.10 of the Health and Safety Code is amended to read:44072.10.(a)Notwithstanding Sections 44072 and 44072.4, the director, or the directors designee, pending a hearing conducted pursuant to subdivision (e), may temporarily suspend any smog check station or technicians license issued under this chapter, for a period not to exceed 60 days, if the department determines that the licensees conduct would endanger the public health, safety, or welfare before the matter could be heard pursuant to subdivision (e), based upon reasonable evidence of any of the following:
(1)Fraud.
(2)Tampering.
(3)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(4)A pattern or regular practice of violating this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(b)If a motor vehicle dealer sells any used vehicle, knowing that the vehicle has been fraudulently certified, that act shall be additional grounds for suspension or revocation pursuant to Section 11705 of the Vehicle Code. A dealers license revoked pursuant to this subdivision shall not be reinstated for any reason for a period of at least five years.
(c)The department shall revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. A fraudulent inspection includes, but is not limited to, all of the following:
(1)Clean piping, clean pugging, plugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(2)Tampering with a vehicle emission control system or test analyzer system.
(3)Tampering with a vehicle in a manner that would cause the vehicle to falsely pass or falsely fail an inspection.
(4)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(d)Once a license has been revoked for a smog check station or technician under subdivision (a) or (c), the license shall not be reinstated for any reason. A hearing shall be held and a decision issued within 60 days after the date on which the notice of the temporary suspension was provided unless the time for the hearing has been extended, or the right to a hearing has been waived, by the licensee.
(e)The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, or by court order.
(f)The department shall adopt, by regulation, procedures to ensure that any affected licensee is provided adequate notice and opportunity to be heard, except as otherwise provided in subdivision (a), prior to issuing an order temporarily suspending a license under this section.
SEC. 24.SEC. 23.Section 2525.4 of the Vehicle Code is amended to read:2525.4.(a)Fleet owners licensed as inspection and maintenance stations shall do all of the following:
(1)Conduct all installations, adjustments, inspections, and maintenance under the supervision of, and subject to the regulations of, the department, and subject to Division 12 (commencing with Section 24000).
(2)If engaged in interstate transportation, also conduct inspections and maintenance in accordance with the requirements of the United States Department of Transportation.
(3)If operating or maintaining vehicles described in subdivisions (a), (b), (d), (e), (f), or (g), of Section 34500, enroll each licensed inspection and maintenance station for inspection by the Department of the California Highway Patrol pursuant to subdivision (d) of Section 34501.12 and pay the fees required by subdivision (e) of that section.
(b)Fleet owners may not certify vehicle safety systems, as described in Section 9888.5 of the Business and Professions Code, or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the owners fleet.
SEC. 25.SEC. 24.Section 11519 of the Vehicle Code is amended to read:11519.(a)A vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle may not be subsequently registered until there is submitted to the department all of the following:
(1)The prescribed bill of sale.
(2)An appropriate application.
(3)A vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, except that a fleet owner of motor trucks of three or more axles that are more than 6,000 pounds unladen weight, and a fleet owner of truck tractors, may instead submit certification for their own rebuilt vehicle if the fleet owner operates an inspection and maintenance station licensed by the commissioner under subdivision (b) of Section 2525.
(4)With respect to 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 from a licensed motor vehicle pollution control device installation and inspection station indicating that the vehicle is properly equipped with a motor vehicle pollution control device that is in proper operating condition and is in compliance with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(5)Any other documents or fees required under law.
(b)The department may not register a vehicle that has been referred to the Department of the California Highway Patrol under subdivision (b) of Section 5505 or that has been selected for inspection by that department under subdivision (c) of that section, until the applicant for registration submits to the department a certification of inspection issued by the Department of the California Highway Patrol and all of the documents required under subdivision (a).
SEC. 26.SEC. 25.Section 24007 of the Vehicle Code is amended to read:24007.(a)(1)No dealer or person holding a retail sellers permit shall sell a new or used vehicle that is not in compliance with this code and departmental regulations adopted pursuant to this code, unless the vehicle is sold to another dealer, sold for the purpose of being legally wrecked or dismantled, or sold exclusively for off-highway use.
(2)Paragraph (1) does not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(3)Notwithstanding paragraph (1), the equipment requirements of this division do not apply to the sale of a leased vehicle by a dealer to a lessee if the lessee is in possession of the vehicle immediately prior to the time of the sale and the vehicle is registered in this state.
(b)(1)Except as provided in Section 24007.5, no person shall sell, or offer or deliver for sale, to the ultimate purchaser, or to any subsequent purchaser a new or used motor vehicle, as those terms are defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, subject to Part 5 (commencing with Section 43000) of that Division 26 which is not in compliance with that part and the rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
(2)Prior to or at the time of delivery for sale, the seller shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(3)Paragraph (2) does not apply to any vehicle whose transfer of ownership and registration is described in subdivision (d) of Section 4000.1.
(4)Paragraphs (1) and (2) do not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(c)(1)With each application for initial registration of a new motor vehicle or transfer of registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a dealer, the purchaser, or their authorized representative, shall transmit to the Department of Motor Vehicles a valid certificate of compliance or noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(2)Notwithstanding paragraph (1) of this subdivision, with respect to new vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, a dealer may transmit, in lieu of a certificate of compliance, a statement, in a form and containing information deemed necessary and appropriate by the Director of Motor Vehicles and the Executive Officer of the State Air Resources Board, to attest to the vehicles compliance with that chapter. The statement shall be certified under penalty of perjury, and shall be signed by the dealer or the dealers authorized representative.
(3)Paragraph (1) does not apply to a transfer of ownership and registration under any of the circumstances described in subdivision (d) of Section 4000.1.
(d)A salvage vehicle rebuilder, when selling a total loss salvage vehicle, including a revived salvage loss vehicle, shall provide the purchaser with a valid vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
SEC. 27.SEC. 26.Section 24007.5 of the Vehicle Code is amended to read:24007.5.(a)(1)No auctioneer or public agency shall sell, at public auction, any vehicle specified in subdivision (a) of Section 24007, which is not in compliance with this code.
(2)Paragraph (1) does not apply to a vehicle that is sold under the conditions specified in subdivision (c), (d), (e), or (g) or is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use.
(b)Except with respect to the sale of a vehicle specified in paragraph (2) of subdivision (a), the consignor of any vehicle, specified in subdivision (b) of Section 24007, sold at public auction, shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(c)Notwithstanding any other provision of this code, if, in the opinion of a public utility or public agency, the cost of repairs to a vehicle exceeds the value of the vehicle to the public utility or public agency, the public utility or public agency shall, as transferee or owner, surrender the certificates of registration, documents satisfactory to the Department of Motor Vehicles showing proof of ownership, and the license plates issued for the vehicle to the Department of Motor Vehicles. As used in this section, public utility means a public utility as described in Sections 218, 222, and 234 of the Public Utilities Code.
(d)The public utility or public agency having complied with subdivision (c) shall, upon sale of the vehicle, give to the purchaser a bill of sale which includes, in addition to any other required information, the last issued license plate number.
(e)(1)Subdivisions (a) and (b) do not apply to any judicial sale, including, but not limited to, a bankruptcy sale, conducted pursuant to a writ of execution or order of court.
(2)Subdivision (b) does not apply to any lien sale if the lienholder does both of the following:
(A)Gives the notice required by subdivisions (a) and (b) of Section 5900.
(B)Notifies the buyer that California law requires that the buyer obtain a certificate of compliance or noncompliance and register the vehicle with the department, and that failure to comply will result in a lien against any vehicle owned by the buyer pursuant to Section 10876 of the Revenue and Taxation Code, enforceable pursuant to Section 10877 of the Revenue and Taxation Code and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3. Receipt of the notice required by this subparagraph shall be evidenced by the signature of the buyer.
(f)The exceptions in this section do not apply to any requirements for registration of a vehicle pursuant to Section 4000.1, 4000.2, or 4000.3.
(g)Except as otherwise provided in subdivision (e), any public agency or auctioneer which sells, at public auction, any vehicle specified in subdivision (b) of Section 24007, which is registered to a public agency or a public utility, shall provide each bidder with a notice in writing that certificates of compliance are required to be obtained, certifying that the vehicle complies with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code and Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, before the vehicle may be registered in this state, unless the vehicle is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use. Prior to the sale of the vehicle, a public agency or public utility shall remove the license plates from the vehicle and surrender them to the department. The purchaser of the vehicle shall be given a bill of sale which includes, in addition to any other required information, the vehicles last issued license plate number.
SEC. 28.SEC. 27.Section 40616 of the Vehicle Code is amended to read:40616.Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a)Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed or contracted to inspect and certify for the violation pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code or Section 27150.2.
(b)Driver license and registration violations may be certified as corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court.
(c)Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.
SEC. 29.SEC. 28.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensees home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensees address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the internet.
(b)In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The Acupuncture Board shall disclose information on its licensees.
(13)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14)The Dental Board of California shall disclose information on its licensees.
(15)The California State Board of Optometry shall disclose information on its licensees and registrants.
(16)The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2.Section 9880.1 of the Business and Professions Code is amended to read:9880.1.The following definitions apply for the purposes of this chapter:
(a)Automotive repair dealer means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles, or engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(b)Automotive technician means an employee of an automotive repair dealer or that dealer, if the employer or dealer repairs motor vehicles and who, for salary or wage, performs repairs of motor vehicles as set forth in subdivision (k).
(c)Bureau means the Bureau of Automotive Repair.
(d)Chief means the Chief of the Bureau of Automotive Repair.
(e)Commercial business agreement means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automotive repair dealer, prior to the repair that is requested to be made, that contemplates a continuing business arrangement under which the automotive repair dealer is to repair any motor vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automotive repair facility to its customers.
(f)Customer means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. Customer shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer.
(g)Director means the Director of Consumer Affairs.
(h)Motor vehicle means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.
(i)Person includes a firm, partnership, association, limited liability company, or corporation.
(j)Preventative maintenance services means the following maintenance services: checking tire pressure and adding or relieving pressure, as necessary; rotating tires; changing transmission fluid, transmission filter, engine oil and filter, differential fluid, power steering fluid, and transfer case fluid; changing engine or cabin air filters, and external fuel filters; changing engine coolant; performing a fuel system induction service; replacing belts and windshield wiper blades; replacing light bulbs and restoring headlamps; adding oil or fuel treatments through the designated fill points; and topping off fluids; and all of the listed services include the removal, reinstallation, and replacement of any components necessary to perform each service, and the tapping of damaged threads without removal of any fluid pan.
(k)Repair of motor vehicles means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer, including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and roadside services.
(l)Roadside services means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by, or on behalf of, a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code, or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, that is owned or operated by a person or entity who possesses a valid motor carrier permit, as described in Section 34620 of the Vehicle Code, and is enrolled in the Basic Inspection of Terminals program, as described in Section 34501.12 of the Vehicle Code.
SEC. 3.Section 9880.4 is added to the Business and Professions Code, to read:9880.4.The Legislature finds and declares all of the following:
(a)The Bureau of Automotive Repair established the BAR Advisory Group to increase the level of communication between the bureau, the automotive repair industry, education providers, consumers, and other stakeholders. The advisory group meets quarterly to provide input to the chief on bureau and other state regulatory programs.
(b)It is the intent of the Legislature that the bureau continues to maintain a group of volunteer representatives to advise the bureau on regulatory issues and programs affecting the automotive repair industry.
SEC. 3.SEC. 4.Section 9882 of the Business and Professions Code, as amended by Section 1 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)(A)On or after July 1, 2023, the director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(B)(i)The director may include in the citation system a process for an automotive repair dealer, upon successful completion of remedial training conducted by a provider certified pursuant to subdivision (d) of Section 9884.7, to prevent disclosure of the citation on the internet as provided in Section 27.
(ii)To be eligible for citation nondisclosure under this subparagraph, the automotive repair dealer shall not have attended remedial training in the prior 18-month period from the effective date of citation.
(iii)Any employee of the automotive repair dealer who was involved in the violation resulting in the bureaus issuance of the citation also may be required by the bureau to attend remedial training with the automotive repair dealer to prevent nondisclosure of the citation.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall be effective only until July 1, 2026, and as of that date is repealed.
SEC. 4.SEC. 5.Section 9882 of the Business and Professions Code, as added by Section 2 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)The director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall become operative on July 1, 2026.
SEC. 5.SEC. 6.Section 9884.16 of the Business and Professions Code is amended to read:9884.16.(a)A person required to have a valid registration under the provisions of this chapter shall not have the benefit of any lien for labor or materials, including the ability to charge storage fees in accordance with applicable laws, or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
(b)The bureau may adopt regulations, as necessary, in accordance with Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code and Section 22524.5 of the Vehicle Code, and any regulations of the Insurance Commissioner pertaining to vehicle towing or storage fees, or both, adopted pursuant to Sections 758.5 and 790.03 of the Insurance Code, to carry out the provisions of this section.
SEC. 6.SEC. 7.Section 9887.5 of the Business and Professions Code is amended to read:9887.5.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 7.SEC. 8.Section 9888.4.1 of the Business and Professions Code is amended to read:9888.4.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 8.SEC. 9.Section 9888.5 of the Business and Professions Code is amended to read:9888.5.(a)The director shall develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(b)The director shall issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. The director may electronically issue these licenses.
(c)By January 1, 2024, the director shall adopt the regulations, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including, but not limited to, all of the following:
(1)Inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(2)The application fee and process for applicants, including any specialized application process for those licensees licensed pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1).
(3)The certificate of compliance fee and certification process for vehicles, including any specialized certification process for those vehicles certified pursuant to Article 8 (commencing with Section 9889.15). The director shall prescribe a form for the certificate of compliance that contains, at a minimum, the date of issuance, the make and registration number of the vehicle, and the official license of the station.
(d)The vehicle safety systems inspection license shall replace licenses issued pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1). Licenses issued in accordance with those articles shall remain valid until six months after the effective date of regulations adopted pursuant to subdivision (c). A licensee with a license issued pursuant to Article 5 (commencing with Section 9887.1) or Article 6 (commencing with Section 9888.1) shall thereafter be regulated under this article and shall apply for and be issued a vehicle safety systems inspection license under this article.
(e)The vehicle safety systems inspection certificate shall replace certificates issued pursuant to Article 8 (commencing with Section 9889.15). Certificates issued in accordance with that article shall remain valid until six months after the director adopts regulations pursuant to subdivision (c).
SEC. 9.SEC. 10.Section 9889.19.1 of the Business and Professions Code is amended to read:9889.19.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 10.SEC. 11.Section 9889.21 of the Business and Professions Code, as amended by Section 11 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 5 (commencing with Section 9887.1), Article 6 (commencing with Section 9888.1), Article 6.5 (commencing with Section 9888.5), and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall remain operative only until six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 11.SEC. 12.Section 9889.21 of the Business and Professions Code, as added by Section 12 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 6.5 (commencing with Section 9888.5) and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall become operative six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5).
SEC. 12.SEC. 13.Section 44003.5 of the Health and Safety Code is amended to read:44003.5.(a)Notwithstanding any other law, an enhanced motor vehicle inspection and maintenance program, including the provisions of Section 44010.5, is established in the San Francisco Bay Area Basin, consistent with the requirements described in subdivision (b).
(b)The department shall commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin, including directing motor vehicles to test facilities, after the department determines that an adequate number of test stations, test and repair stations, referee services, and other facilities and equipment necessary to provide reliable and convenient service to vehicle owners subject to the program exist in that basin.
(c)Upon commencing operation of the enhanced program in those areas of the San Francisco Bay Area Basin subject to the requirements of the program, the bureau shall utilize emission standards for oxides of nitrogen, and percentages of vehicles directed to test stations similar to those utilized to begin the initial implementation of the program in other enhanced areas of the state. The department shall phase-in phase in more stringent emission standards for oxides of nitrogen and direct higher percentages of vehicles to test stations, so that the fully implemented enhanced program in the San Francisco Bay area is consistent with the fully implemented enhanced program in other areas of the state.
(d)(1)On or before January 1, 2004, and concurrent with implementing subdivision (b), the board shall submit for peer review the study produced by the University of California at Riverside and commissioned by the Bay Area Air Quality Management District, and any other available scientifically credible evidence, to determine the impact of the enhanced motor vehicle inspection and maintenance program on Contra Costa County and surrounding areas. If the peer review concludes that the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin results in adverse ozone and other air quality impacts in Contra Costa County or parts of Solano, San Joaquin, Alameda, and Santa Clara Counties, the board, on or before January 1, 2004, shall suggest mitigation measures to the Legislature and to the respective air quality districts. These measures may include, but need not be limited to, a recommendation for additional funds to be made available for transit purposes and private passenger motor vehicle maintenance and repair purposes.
(2)It is the intent of the Legislature in enacting this section to seek implementation of those mitigation measures suggested under paragraph (1) that are found to be scientifically credible means to mitigate adverse ozone and other air quality impacts, are consistent with this section, and do not adversely impact downwind regions.
(e)Consistent with subdivision (b), it is the intent of the Legislature that the department commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Air Basin as expeditiously as possible in order to assist the San Francisco Bay Area and downwind air districts in meeting their federal air quality attainment requirements.
SEC. 13.SEC. 14.Section 44010.5 of the Health and Safety Code is amended to read:44010.5.(a)The department shall implement a program with the capacity to inspect that portion of the total state vehicle fleet subject to inspection each year in the biennial program and registered in the enhanced program area, as established pursuant to paragraph (1) of subdivision (a) of Section 44003, which is sufficient to meet the emission reduction performance standards established by the United States Environmental Protection Agency in regulations adopted pursuant to the Clean Air Act Amendments of 1990. Except as provided in paragraph (2) of subdivision (b), the department shall afford smog check stations licensed pursuant to Section 44014 and certified pursuant to Section 44014.2 the initial opportunity to inspect vehicles subject to the program in this section.
(b)(1)The program shall use the testing procedures described in Section 44012.
(2)Vehicles selected for testing pursuant to this section shall include vehicles equipped without second generation onboard diagnostic systems (OBD II) and vehicles with emission problems that may not be adequately detected by the vehicles OBD II, as determined by the department in consultation with the state board. Vehicles subject to testing under this paragraph shall be tested by referee facilities or a similar contracted inspection network established by the department, which may include subcontracted licensed smog check stations, as provided in subdivision (f) of Section 44014.
(3)The department, in consultation with the state board, may also select for testing pursuant to this section any other vehicles necessary in order to meet the requirement described in subdivision (a).
(c)Vehicles in the enhanced program area that are not subjected to the program established by this section may be tested at smog check stations licensed pursuant to Section 44014 using appropriate testing procedures as determined by the department.
(d)The department shall ensure that there is a sufficient number of test facilities, and that they are properly located, to ensure reasonable accessibility and convenience to all persons within an enhanced program area.
(e)The department shall implement the program established in this section only in urbanized areas classified by the United States Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm, and shall not implement the program in any other area.
SEC. 14.SEC. 15.Section 44011 of the Health and Safety Code is amended to read:44011.(a)All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, unless determined through regulations adopted by the bureau to warrant temporary waiver from a biennial inspection, except for the following:
(1)All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles.
(2)All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months.
(3)All motor vehicles manufactured prior to the 1976 model-year.
(4)(A)Except as provided in subparagraph (B), all motor vehicles four or less model-years old.
(B)(i)Beginning January 1, 2005, all motor vehicles six or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the states commitments with respect to the state implementation plan required by the federal Clean Air Act.
(ii)Notwithstanding clause (i), beginning January 1, 2019, all motor vehicles eight or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the states commitments with respect to the state implementation plan required by the federal Clean Air Act.
(iii)Clause (ii) does not apply to a motor vehicle that is seven model-years old in year 2018 for which a certificate of compliance has been obtained.
(C)All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply:
(i)The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emission control system or would fail for other cause a smog check test as specified in Section 44012.
(ii)The vehicle was previously registered outside this state and is undergoing initial registration in this state.
(iii)The vehicle is being registered as a specially constructed vehicle.
(iv)The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing.
(D)This paragraph does not apply to diesel-powered vehicles.
(5)In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection.
(6)All motor vehicles that the department determines would present prohibitive inspection or repair problems.
(7)Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage.
(8)(A)All diesel-powered vehicles manufactured prior to the 1998 model-year.
(B)All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.
(C)All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.
(D)All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater.
(b)Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas.
(c)For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 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 vehicles 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.
(d)Upon application to the bureau by an individual vehicle owner and receipt of documentation demonstrating a significant risk to the health or safety, or both, of the applicant, the bureau may temporarily waive the requirements in subdivisions (a) and (b) if the waiver is required to ensure the health or safety, or both, of the vehicle owner who is impacted by a declared local, state, or federal emergency.
SEC. 15.SEC. 16.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 vehicles 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, and on model-year 199699, inclusive, vehicles only, beginning no earlier than January 1, 2025. 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 vehicles emission control system.
(c)For other than diesel-powered vehicles, the vehicles 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 vehicles 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 vehicles 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 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.
(g)A determination as to whether the motor vehicle complies with the emission standards for that vehicles 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. 16.SEC. 17.Section 44014 of the Health and Safety Code is amended to read:44014.(a) Except as otherwise provided in this chapter, the testing and repair portion of the program shall be conducted by smog check stations licensed by the department, and by smog check technicians who have qualified pursuant to this chapter.
(b)A smog check station may be licensed by the department as a smog check test-only station and, when so licensed, need not comply with the requirement for onsite availability of current service and adjustment procedures specified in paragraph (3) of subdivision (b) of Section 44030. A smog check technician employed by a smog check test-only station shall be qualified in accordance with this section.
(c)(1)The department shall supply a network of referees. Except as provided in paragraph (2) of subdivision (b) of Section 44010.5, a referee shall have no ownership interest in, or business or economic interest with, a smog check station. Referees may issue repair cost waivers, certificates of compliance or noncompliance, and hardship extensions, in accordance with regulations adopted by the department, and promote automotive training through community colleges and other training institutions certified by the department pursuant to Section 44030.5. Referees shall provide inspection services for specially constructed vehicles pursuant to Section 44017.4 and issue exhaust system certificates of compliance in accordance with Section 27150.2 of the Vehicle Code.
(2)The department may adopt regulations to establish qualification standards and any special administrative, operational, and licensure standards that the department determines to be necessary for the provision of referee services.
(3)The department may adopt, by regulation, a process by which vehicles that present prohibitive or unusual inspection circumstances are inspected by referees, including, but not limited to, the inspection of vehicles in which the manufacturers physical or operational design presents inspection incompatibilities, vehicles equipped with emission control configurations that do not match United States Environmental Protection Agency or state board certified configurations, including direct import vehicles and vehicles with engine changes, and vehicles equipped with retrofit alternative fuel conversion kits.
(4)(A)A referee may charge a fee sufficient to cover the costs of performing inspections of specially constructed vehicles pursuant to Section 44017.4, inspections pursuant to Section 27150.2 of the Vehicle Code, inspections of vehicles subject to paragraph (2) of subdivision (b) of Section 44010.5, and other appropriate categories of referee services as determined by the department. Requirements applicable to the fee, including its amount, shall be established by the department by regulation and the amount may be adjusted to reflect changes in the Consumer Price Index, as published by the United States Bureau of Labor Statistics. The fee may be collected by either a contracted referee or by the department, if the department is providing the referee service.
(B)If the fee is imposed and collected by a contracted referee, the contracted referee shall deposit the fees collected from the vehicle owner into a separate trust account that the referee shall account for and manage in accordance with generally accepted accounting practices.
(C)If the fee is imposed and collected by the department, the fees shall be deposited into the Vehicle Inspection and Repair Fund.
(d)A smog check station may also be licensed as a repair-only station, and if so licensed, may perform repairs to reduce excessive emissions on vehicles which have failed the smog check test. Repair procedures and equipment requirements shall be established by the department. Technicians employed by a smog check repair-only station shall be qualified in accordance with this section.
(e)Smog check technicians are qualified to test and repair only those classes and categories of vehicles for which they have passed a qualification test administered by the department. The department shall provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year. For the purposes of this chapter, qualified smog check technician refers to either a smog check repair technician or smog check inspector, or both.
(f)The consumer protection-oriented quality assurance portion of the program, including the provision of referee and inspection services pursuant to paragraph (2) of subdivision (b) of Section 44010.5, may be conducted by one or more private entities pursuant to contracts with the department.
SEC. 17.SEC. 18.Section 44014.2 of the Health and Safety Code is amended to read:44014.2.(a)The department shall develop a program for the voluntary certification of licensed smog check stations, or the department may accept a smog check station certification program proposed by accredited industry representatives. The department shall establish inspection-based performance standards consistent with Section 44014.6 for stations certified under this program that the stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Sections 44010.5 and 44014.7, or vehicles identified by the department as gross polluters.
(b)The department shall adopt regulations that apply to all enhanced areas of the state, including those areas subject to the enhanced program pursuant to Section 44003.5, that permit both of the following:
(1)Any vehicle that fails a required smog test at a test facility may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(2)Any vehicle that is identified as a gross polluter may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(c)Smog check stations that seek voluntary certification under this section may enter into an agreement with the department to provide repair services pursuant to Section 44062.1.
(d)An agreement made pursuant to this section shall not be deemed to be a contract subject to the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
SEC. 18.SEC. 19.Section 44014.5 of the Health and Safety Code is amended to read:44014.5.(a)The enhanced program shall provide for the testing and retesting of vehicles in accordance with Sections 44010.5 and 44014.2 and this section.
(b)The repair of vehicles at test-only stations is prohibited, except that the minor repair of components damaged by station personnel during inspection at the station, any minor repair that is necessary for the safe operation of a vehicle while at a station, or other minor repairs, such as the reconnection of hoses or vacuum lines, may be undertaken at no charge to the vehicle owner or operator if authorized in advance in writing by the department.
(c)The department shall make available to consumers a list, compiled by region, of smog check stations licensed to make repairs of vehicular emission control systems. A test-only station shall not refer a vehicle owner to any particular provider of vehicle repair services in which the test-only station has a financial interest.
(d)(1)The department shall establish standards for training, equipment, performance, or data collection for smog check stations.
(2)(A)The department shall establish inspection-based performance standards consistent with Section 44014.6 that smog check stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Section 44010.5 or 44014.7, or vehicles identified by the department as gross polluters. Failure at any time to meet these standards shall result in suspension of the certification to test these vehicles granted by the department. A test station not meeting the performance standards may continue to issue certificates of compliance and noncompliance for other vehicles. The department shall adopt measures to ensure the requirements of this subparagraph are met, including through the use of the computer database and computer network authorized by Section 44037.1.
(B)The department shall provide the test station with written or electronic notice, prior to the suspension pursuant to subparagraph (A). The notice shall specify the grounds for the suspension and provide that the station within five days of receipt of the notice may request a hearing before the chief of the bureau or their designee to contest the suspension. The request for hearing shall be in writing or shall be made electronically. Receipt of this hearing request shall stay the suspension pending the outcome of the hearing. If a request for hearing is not made, the chief of the bureau shall issue a final written decision of suspension within 10 days of the last date that a hearing could have been requested.
(C)The hearing conducted by the chief of the bureau or their designee shall be held not later than 10 days from the date that the request for a hearing is received by the chief of the bureau. The hearing requirements of Section 44072 shall not apply. The chief of the bureau shall render a written decision within 10 days of the hearing. The decision may rescind the suspension, affirm the suspension, or order any other appropriate action. Administrative review, before an administrative law judge, of the decision of the chief of the bureau may be sought within 30 days of the date of the decision.
(D)The department may adopt regulations to implement this paragraph.
(e)The department shall prohibit test-only stations from engaging in other business activities that represent a conflict of interest, as determined by the department. Upon implementation of the performance standards described in paragraph (2) of subdivision (d), ownership of a test-and-repair station by an owner of a test-only station shall not be considered a conflict of interest.
(f)A test facility contracted pursuant to paragraph (2) of subdivision (b) of Section 44010.5 may charge an inspection fee, established by the department, sufficient to cover the facilitys cost to perform the tests or services, including, but not limited to, referee services and the issuance of waivers and hardship extensions required by this chapter. In addition, the station shall charge and collect the certificate fee established pursuant to Section 44060.
(g)The department shall ensure that there is a sufficient number of test facilities to provide convenient testing for the following vehicles:
(1)All vehicles identified and confirmed as gross polluters pursuant to Section 44081 and Section 27156 of the Vehicle Code.
(2)(A)Vehicles initially identified as gross polluters by a smog check station licensed as a test-and-repair station may be issued a certificate of compliance by a licensed smog check station certified pursuant to Section 44014.2.
(B)For purposes of this section, the department shall implement a program that allows vehicles initially identified as gross polluters to be repaired and issued a certificate of compliance by a facility licensed and certified pursuant to Section 44014.2.
(3)All vehicles designated by the department pursuant to Sections 44014.7 and 44020.
(4)Vehicles issued an economic hardship extension in the previous biennial inspection of the vehicle.
(h)The department shall provide a sufficient number of referees authorized to perform referee functions to provide convenient testing for those vehicles that are required to report to, and receive a certificate of compliance from, a referee by this chapter, including all of the following:
(1)All vehicles seeking to utilize state-operated financial assistance or inclusion in authorized scrap programs.
(2)All vehicles unable to obtain a certificate of compliance from a licensed smog check station pursuant to subdivision (c) of Section 44015.
(3)Any other vehicles that may be designated by the department.
(i)Gross polluters shall be referred for a postrepair inspection and retest pursuant to subdivision (g). Passing the emissions test is not a sufficient condition for receiving a certificate of compliance. A certificate of compliance shall only be issued to a vehicle that does not have any defects with its emission control system or any defects that could lead to damage of its emission control system, as provided in regulations adopted by the department.
SEC. 19.SEC. 20.Section 44014.7 of the Health and Safety Code is amended to read:44014.7.(a) The department shall require 2 percent of the vehicles required to obtain a certificate of compliance each year in enhanced program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(b) The department may require a number not to exceed 2 percent of the vehicles required to obtain a certificate of compliance each year in basic program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(c) The vehicles specified in subdivisions (a) and (b) shall be selected at random. The department shall select the vehicles and the Department of Motor Vehicles shall notify the owners of their obligation under this section pursuant to Section 4000.3 of the Vehicle Code. Selection shall be made from vehicles in an area where a test station is located.
SEC. 20.SEC. 21.Section 44024.5 of the Health and Safety Code is amended to read:44024.5.(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 biennially beginning no later than July 1, 2011. 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.
(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.
SEC. 21.SEC. 22.Section 44032 of the Health and Safety Code is amended to read:44032.No person shall perform, for compensation, tests or repairs of emission control devices or systems of motor vehicles required by this chapter unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. Qualified smog check technicians shall perform tests of emission control devices and systems in accordance with Section 44012.
SEC. 22.SEC. 23.Section 44072.10 of the Health and Safety Code is amended to read:44072.10.(a)Notwithstanding Sections 44072 and 44072.4, the director, or the directors designee, pending a hearing conducted pursuant to subdivision (e), may temporarily suspend any smog check station or technicians license issued under this chapter, for a period not to exceed 60 days, if the department determines that the licensees conduct would endanger the public health, safety, or welfare before the matter could be heard pursuant to subdivision (e), based upon reasonable evidence of any of the following:
(1)Fraud.
(2)Tampering.
(3)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(4)A pattern or regular practice of violating this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(b)If a motor vehicle dealer sells any used vehicle, knowing that the vehicle has been fraudulently certified, that act shall be additional grounds for suspension or revocation pursuant to Section 11705 of the Vehicle Code. A dealers license revoked pursuant to this subdivision shall not be reinstated for any reason for a period of at least five years.
(c)The department shall revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. A fraudulent inspection includes, but is not limited to, all of the following:
(1)Clean piping, clean pugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(2)Tampering with a vehicle emission control system or test analyzer system.
(3)Tampering with a vehicle in a manner that would cause the vehicle to falsely pass or falsely fail an inspection.
(4)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(d)Once a license has been revoked for a smog check station or technician under subdivision (a) or (c), the license shall not be reinstated for any reason. A hearing shall be held and a decision issued within 60 days after the date on which the notice of the temporary suspension was provided unless the time for the hearing has been extended, or the right to a hearing has been waived, by the licensee.
(e)The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, or by court order.
(f)The department shall adopt, by regulation, procedures to ensure that any affected licensee is provided adequate notice and opportunity to be heard, except as otherwise provided in subdivision (a), prior to issuing an order temporarily suspending a license under this section.
SEC. 23.SEC. 24.Section 2525.4 of the Vehicle Code is amended to read:2525.4.(a)Fleet owners licensed as inspection and maintenance stations shall do all of the following:
(1)Conduct all installations, adjustments, inspections, and maintenance under the supervision of, and subject to the regulations of, the department, and subject to Division 12 (commencing with Section 24000).
(2)If engaged in interstate transportation, also conduct inspections and maintenance in accordance with the requirements of the United States Department of Transportation.
(3)If operating or maintaining vehicles described in subdivisions (a), (b), (d), (e), (f), or (g), of Section 34500, enroll each licensed inspection and maintenance station for inspection by the Department of the California Highway Patrol pursuant to subdivision (d) of Section 34501.12 and pay the fees required by subdivision (e) of that section.
(b)Fleet owners may not certify vehicle safety systems, as described in Section 9888.5 of the Business and Professions Code, or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the owners fleet.
SEC. 24.SEC. 25.Section 11519 of the Vehicle Code is amended to read:11519.(a)A vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle may not be subsequently registered until there is submitted to the department all of the following:
(1)The prescribed bill of sale.
(2)An appropriate application.
(3)A vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, except that a fleet owner of motor trucks of three or more axles that are more than 6,000 pounds unladen weight, and a fleet owner of truck tractors, may instead submit certification for their own rebuilt vehicle if the fleet owner operates an inspection and maintenance station licensed by the commissioner under subdivision (b) of Section 2525.
(4)With respect to 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 from a licensed motor vehicle pollution control device installation and inspection station indicating that the vehicle is properly equipped with a motor vehicle pollution control device that is in proper operating condition and is in compliance with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(5)Any other documents or fees required under law.
(b)The department may not register a vehicle that has been referred to the Department of the California Highway Patrol under subdivision (b) of Section 5505 or that has been selected for inspection by that department under subdivision (c) of that section, until the applicant for registration submits to the department a certification of inspection issued by the Department of the California Highway Patrol and all of the documents required under subdivision (a).
SEC. 25.SEC. 26.Section 24007 of the Vehicle Code is amended to read:24007.(a)(1)No dealer or person holding a retail sellers permit shall sell a new or used vehicle that is not in compliance with this code and departmental regulations adopted pursuant to this code, unless the vehicle is sold to another dealer, sold for the purpose of being legally wrecked or dismantled, or sold exclusively for off-highway use.
(2)Paragraph (1) does not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(3)Notwithstanding paragraph (1), the equipment requirements of this division do not apply to the sale of a leased vehicle by a dealer to a lessee if the lessee is in possession of the vehicle immediately prior to the time of the sale and the vehicle is registered in this state.
(b)(1)Except as provided in Section 24007.5, no person shall sell, or offer or deliver for sale, to the ultimate purchaser, or to any subsequent purchaser a new or used motor vehicle, as those terms are defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, subject to Part 5 (commencing with Section 43000) of that Division 26 which is not in compliance with that part and the rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
(2)Prior to or at the time of delivery for sale, the seller shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(3)When the vehicle is issued a salvage certificate pursuant to Section 11515, the seller shall provide the purchaser a valid vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, prior to, or at the time of, delivery for sale.(4)(3)Paragraph (2) does not apply to any vehicle whose transfer of ownership and registration is described in subdivision (d) of Section 4000.1.
(5)(4)Paragraphs (1), (2), and (3) (1) and (2) do not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(c)(1)With each application for initial registration of a new motor vehicle or transfer of registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a dealer, the purchaser, or their authorized representative, shall transmit to the Department of Motor Vehicles a valid certificate of compliance or noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(2)Notwithstanding paragraph (1) of this subdivision, with respect to new vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, a dealer may transmit, in lieu of a certificate of compliance, a statement, in a form and containing information deemed necessary and appropriate by the Director of Motor Vehicles and the Executive Officer of the State Air Resources Board, to attest to the vehicles compliance with that chapter. The statement shall be certified under penalty of perjury, and shall be signed by the dealer or the dealers authorized representative.
(3)Paragraph (1) does not apply to a transfer of ownership and registration under any of the circumstances described in subdivision (d) of Section 4000.1.
(d)A salvage vehicle rebuilder, when selling a total loss salvage vehicle, including a revived salvage loss vehicle, shall provide the purchaser with a valid vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
SEC. 27.Section 24007.5 of the Vehicle Code is amended to read:24007.5.(a)(1)No auctioneer or public agency shall sell, at public auction, any vehicle specified in subdivision (a) of Section 24007, which is not in compliance with this code.
(2)Paragraph (1) does not apply to a vehicle that is sold under the conditions specified in subdivision (c), (d), (e), or (g) or is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use.
(b)Except with respect to the sale of a vehicle specified in paragraph (2) of subdivision (a), the consignor of any vehicle, specified in subdivision (b) of Section 24007, sold at public auction, shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(c)Notwithstanding any other provision of this code, if, in the opinion of a public utility or public agency, the cost of repairs to a vehicle exceeds the value of the vehicle to the public utility or public agency, the public utility or public agency shall, as transferee or owner, surrender the certificates of registration, documents satisfactory to the Department of Motor Vehicles showing proof of ownership, and the license plates issued for the vehicle to the Department of Motor Vehicles. As used in this section, public utility means a public utility as described in Sections 218, 222, and 234 of the Public Utilities Code.
(d)The public utility or public agency having complied with subdivision (c) shall, upon sale of the vehicle, give to the purchaser a bill of sale which includes, in addition to any other required information, the last issued license plate number.
(e)(1)Subdivisions (a) and (b) do not apply to any judicial sale, including, but not limited to, a bankruptcy sale, conducted pursuant to a writ of execution or order of court.
(2)Subdivision (b) does not apply to any lien sale if the lienholder does both of the following:
(A)Gives the notice required by subdivisions (a) and (b) of Section 5900.
(B)Notifies the buyer that California law requires that the buyer obtain a certificate of compliance or noncompliance and register the vehicle with the department, and that failure to comply will result in a lien against any vehicle owned by the buyer pursuant to Section 10876 of the Revenue and Taxation Code, enforceable pursuant to Section 10877 of the Revenue and Taxation Code and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3. Receipt of the notice required by this subparagraph shall be evidenced by the signature of the buyer.
(f)The exceptions in this section do not apply to any requirements for registration of a vehicle pursuant to Section 4000.1, 4000.2, or 4000.3.
(g)Except as otherwise provided in subdivision (e), any public agency or auctioneer which sells, at public auction, any vehicle specified in subdivision (b) of Section 24007, which is registered to a public agency or a public utility, shall provide each bidder with a notice in writing that a certificate certificates of compliance is are required to be obtained, certifying that the vehicle complies with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, Code and Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, before the vehicle may be registered in this state, unless the vehicle is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use. Prior to the sale of the vehicle, a public agency or public utility shall remove the license plates from the vehicle and surrender them to the department. The purchaser of the vehicle shall be given a bill of sale which includes, in addition to any other required information, the vehicles last issued license plate number.
SEC. 26.SEC. 28.Section 40616 of the Vehicle Code is amended to read:40616.Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a)Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed or contracted to inspect and certify for the violation pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code or Section 27150.2.
(b)Driver license and registration violations may be certified as corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court.
(c)Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.
SEC. 27.SEC. 29.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensees home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensees address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the internet.
(b)In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The Acupuncture Board shall disclose information on its licensees.
(13)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14)The Dental Board of California shall disclose information on its licensees.
(15)The California State Board of Optometry shall disclose information on its licensees and registrants.
(16)The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2.Section 9880.1 of the Business and Professions Code is amended to read:9880.1.The following definitions apply for the purposes of this chapter:
(a)Automotive repair dealer means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles, or engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(b)Automotive technician means an employee of an automotive repair dealer or that dealer, if the employer or dealer repairs motor vehicles and who, for salary or wage, performs repairs of motor vehicles as set forth in subdivision (k).
(c)Bureau means the Bureau of Automotive Repair.
(d)Chief means the Chief of the Bureau of Automotive Repair.
(e)Commercial business agreement means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automotive repair dealer, prior to the repair that is requested to be made, that contemplates a continuing business arrangement under which the automotive repair dealer is to repair any motor vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automotive repair facility to its customers.
(f)Customer means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. Customer shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer.
(g)Director means the Director of Consumer Affairs.
(h)Motor vehicle means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.
(i)Person includes a firm, partnership, association, limited liability company, or corporation.
(j)Preventative maintenance services means the following maintenance services: checking tire pressure and adding or relieving pressure, as necessary; rotating tires; changing transmission fluid, transmission filter, engine oil and filter, differential fluid, power steering fluid, and transfer case fluid; changing engine or cabin air filters, and external fuel filters; changing engine coolant; performing a fuel system induction service; replacing belts and windshield wiper blades; replacing light bulbs and restoring headlamps; adding oil or fuel treatments through the designated fill points; and topping off fluids; and all of the listed services include the removal, reinstallation, and replacement of any components necessary to perform each service, and the tapping of damaged threads without removal of any fluid pan.
(k)Repair of motor vehicles means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer, including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and roadside services.
(l)Roadside services means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by, or on behalf of, a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code, or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, that is owned or operated by a person or entity who possesses a valid motor carrier permit, as described in Section 34620 of the Vehicle Code, and is enrolled in the Basic Inspection of Terminals program, as described in Section 34501.12 of the Vehicle Code.
SEC. 3.Section 9882 of the Business and Professions Code, as amended by Section 1 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)(A)On or after July 1, 2023, the director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(B)(i)The director may include in the citation system a process for an automotive repair dealer, upon successful completion of remedial training conducted by a provider certified pursuant to subdivision (d) of Section 9884.7, to prevent disclosure of the citation on the internet as provided in Section 27.
(ii)To be eligible for citation nondisclosure under this subparagraph, the automotive repair dealer shall not have attended remedial training in the prior 18-month period from the effective date of citation.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall be effective only until July 1, 2026, and as of that date is repealed.
SEC. 4.Section 9882 of the Business and Professions Code, as added by Section 2 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)The director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)This section shall become operative on July 1, 2026.
SEC. 5.Section 9884.16 of the Business and Professions Code is amended to read:9884.16.(a)A person required to have a valid registration under the provisions of this chapter shall not have the benefit of any lien for labor or materials, including the ability to charge storage fees in accordance with applicable laws, or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
(b)The bureau may adopt regulations, as necessary, in accordance with Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code and Section 22524.5 of the Vehicle Code, to carry out the provisions of this section.
SEC. 6.Section 9887.5 of the Business and Professions Code is amended to read:9887.5.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 7.Section 9888.4.1 of the Business and Professions Code is amended to read:9888.4.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 8.Section 9888.5 of the Business and Professions Code is amended to read:9888.5.(a)The director shall develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(b)The director shall issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. The director may electronically issue these licenses.
(c)By January 1, 2024, the director shall adopt the regulations, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including, but not limited to, all of the following:
(1)Inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(2)The application fee and process for applicants, including any specialized application process for those licensees licensed pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1).
(3)The certificate of compliance fee and certification process for vehicles, including any specialized certification process for those vehicles certified pursuant to Article 8 (commencing with Section 9889.15). The director shall prescribe a form for the certificate of compliance that contains, at a minimum, the date of issuance, the make and registration number of the vehicle, and the official license of the station.
(d)The vehicle safety systems inspection license shall replace licenses issued pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1). Licenses issued in accordance with those articles shall remain valid until six months after the effective date of regulations adopted pursuant to subdivision (c). A licensee with a license issued pursuant to Article 5 (commencing with Section 9887.1) or Article 6 (commencing with Section 9888.1) shall thereafter be regulated under this article and shall apply for and be issued a vehicle safety systems inspection license under this article.
(e)The vehicle safety systems inspection certificate shall replace certificates issued pursuant to Article 8 (commencing with Section 9889.15). Certificates issued in accordance with that article shall remain valid until six months after the director adopts regulations pursuant to subdivision (c).
SEC. 9.Section 9889.19.1 of the Business and Professions Code is amended to read:9889.19.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 10.Section 9889.21 of the Business and Professions Code, as amended by Section 11 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 5 (commencing with Section 9887.1), Article 6 (commencing with Section 9888.1), Article 6.5 (commencing with Section 9888.5), and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall remain operative only until six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 11.Section 9889.21 of the Business and Professions Code, as added by Section 12 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 6.5 (commencing with Section 9888.5) and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall become operative six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5).
SEC. 12.Section 44003.5 of the Health and Safety Code is amended to read:44003.5.(a)Notwithstanding any other law, an enhanced motor vehicle inspection and maintenance program, including the provisions of Section 44010.5, is established in the San Francisco Bay Area Basin, consistent with the requirements described in subdivision (b).
(b)The department shall commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin, including directing motor vehicles to test facilities, after the department determines that an adequate number of test stations, test and repair stations, referee services, and other facilities and equipment necessary to provide reliable and convenient service to vehicle owners subject to the program exist in that basin.
(c)Upon commencing operation of the enhanced program in those areas of the San Francisco Bay Area Basin subject to the requirements of the program, the bureau shall utilize emission standards for oxides of nitrogen, and percentages of vehicles directed to test stations similar to those utilized to begin the initial implementation of the program in other enhanced areas of the state. The department shall phase-in more stringent emission standards for oxides of nitrogen and direct higher percentages of vehicles to test stations, so that the fully implemented enhanced program in the San Francisco Bay area is consistent with the fully implemented enhanced program in other areas of the state.
(d)(1)On or before January 1, 2004, and concurrent with implementing subdivision (b), the board shall submit for peer review the study produced by the University of California at Riverside and commissioned by the Bay Area Air Quality Management District, and any other available scientifically credible evidence, to determine the impact of the enhanced motor vehicle inspection and maintenance program on Contra Costa County and surrounding areas. If the peer review concludes that the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin results in adverse ozone and other air quality impacts in Contra Costa County or parts of Solano, San Joaquin, Alameda, and Santa Clara Counties, the board, on or before January 1, 2004, shall suggest mitigation measures to the Legislature and to the respective air quality districts. These measures may include, but need not be limited to, a recommendation for additional funds to be made available for transit purposes and private passenger motor vehicle maintenance and repair purposes.
(2)It is the intent of the Legislature in enacting this section to seek implementation of those mitigation measures suggested under paragraph (1) that are found to be scientifically credible means to mitigate adverse ozone and other air quality impacts, are consistent with this section, and do not adversely impact downwind regions.
(e)Consistent with subdivision (b), it is the intent of the Legislature that the department commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Air Basin as expeditiously as possible in order to assist the San Francisco Bay Area and downwind air districts in meeting their federal air quality attainment requirements.
SEC. 13.Section 44010.5 of the Health and Safety Code is amended to read:44010.5.(a)The department shall implement a program with the capacity to inspect that portion of the total state vehicle fleet subject to inspection each year in the biennial program and registered in the enhanced program area, as established pursuant to paragraph (1) of subdivision (a) of Section 44003, which is sufficient to meet the emission reduction performance standards established by the United States Environmental Protection Agency in regulations adopted pursuant to the Clean Air Act Amendments of 1990. Except as provided in paragraph (2) of subdivision (b), the department shall afford smog check stations licensed pursuant to Section 44014 and certified pursuant to Section 44014.2 the initial opportunity to inspect vehicles subject to the program in this section.
(b)(1)The program shall use the testing procedures described in Section 44012.
(2)Vehicles selected for testing pursuant to this section shall include vehicles equipped without second generation onboard diagnostic systems (OBD II) and vehicles with emission problems that may not be adequately detected by the vehicles OBD II, as determined by the department in consultation with the state board. Vehicles subject to testing under this paragraph shall be tested by referee facilities or a similar contracted inspection network established by the department, which may include subcontracted licensed smog check stations, as provided in subdivision (f) of Section 44014.
(3)The department, in consultation with the state board, may also select for testing pursuant to this section any other vehicles necessary in order to meet the requirement described in subdivision (a).
(c)Vehicles in the enhanced program area that are not subjected to the program established by this section may be tested at smog check stations licensed pursuant to Section 44014 using appropriate testing procedures as determined by the department.
(d)The department shall ensure that there is a sufficient number of test facilities, and that they are properly located, to ensure reasonable accessibility and convenience to all persons within an enhanced program area.
(e)The department shall implement the program established in this section only in urbanized areas classified by the United States Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm, and shall not implement the program in any other area.
SEC. 14.Section 44011 of the Health and Safety Code is amended to read:44011.(a)All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, unless determined through regulations adopted by the bureau to warrant temporary waiver from a biennial inspection, except for the following:
(1)All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles.
(2)All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months.
(3)All motor vehicles manufactured prior to the 1976 model-year.
(4)(A)Except as provided in subparagraph (B), all motor vehicles four or less model-years old.
(B)(i)Beginning January 1, 2005, all motor vehicles six or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the states commitments with respect to the state implementation plan required by the federal Clean Air Act.
(ii)Notwithstanding clause (i), beginning January 1, 2019, all motor vehicles eight or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the states commitments with respect to the state implementation plan required by the federal Clean Air Act.
(iii)Clause (ii) does not apply to a motor vehicle that is seven model-years old in year 2018 for which a certificate of compliance has been obtained.
(C)All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply:
(i)The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emission control system or would fail for other cause a smog check test as specified in Section 44012.
(ii)The vehicle was previously registered outside this state and is undergoing initial registration in this state.
(iii)The vehicle is being registered as a specially constructed vehicle.
(iv)The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing.
(D)This paragraph does not apply to diesel-powered vehicles.
(5)In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection.
(6)All motor vehicles that the department determines would present prohibitive inspection or repair problems.
(7)Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage.
(8)(A)All diesel-powered vehicles manufactured prior to the 1998 model-year.
(B)All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.
(C)All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.
(D)All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater.
(b)Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas.
(c)For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 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 vehicles 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.
SEC. 15.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 vehicles 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, and on model-year 199699, inclusive, vehicles only, beginning no earlier than January 1, 2025. 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 vehicles emission control system.
(c)For other than diesel-powered vehicles, the vehicles 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 vehicles 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 vehicles 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 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.
(g)A determination as to whether the motor vehicle complies with the emission standards for that vehicles 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. 16.Section 44014 of the Health and Safety Code is amended to read:44014.(a) Except as otherwise provided in this chapter, the testing and repair portion of the program shall be conducted by smog check stations licensed by the department, and by smog check technicians who have qualified pursuant to this chapter.
(b)A smog check station may be licensed by the department as a smog check test-only station and, when so licensed, need not comply with the requirement for onsite availability of current service and adjustment procedures specified in paragraph (3) of subdivision (b) of Section 44030. A smog check technician employed by a smog check test-only station shall be qualified in accordance with this section.
(c)(1)The department shall supply a network of referees. Except as provided in paragraph (2) of subdivision (b) of Section 44010.5, a referee shall have no ownership interest in, or business or economic interest with, a smog check station. Referees may issue repair cost waivers, certificates of compliance or noncompliance, and hardship extensions, in accordance with regulations adopted by the department, and promote automotive training through community colleges and other training institutions certified by the department pursuant to Section 44030.5. Referees shall provide inspection services for specially constructed vehicles pursuant to Section 44017.4 and issue exhaust system certificates of compliance in accordance with Section 27150.2 of the Vehicle Code.
(2)The department may adopt regulations to establish qualification standards and any special administrative, operational, and licensure standards that the department determines to be necessary for the provision of referee services.
(3)The department may adopt, by regulation, a process by which vehicles that present prohibitive or unusual inspection circumstances are inspected by referees, including, but not limited to, the inspection of vehicles in which the manufacturers physical or operational design presents inspection incompatibilities, vehicles equipped with emission control configurations that do not match United States Environmental Protection Agency or state board certified configurations, including direct import vehicles and vehicles with engine changes, and vehicles equipped with retrofit alternative fuel conversion kits.
(4)(A)A referee may charge a fee sufficient to cover the costs of performing inspections of specially constructed vehicles pursuant to Section 44017.4, inspections pursuant to Section 27150.2 of the Vehicle Code, inspections of vehicles subject to paragraph (2) of subdivision (b) of Section 44010.5, and other appropriate categories of referee services as determined by the department. Requirements applicable to the fee, including its amount, shall be established by the department by regulation and the amount may be adjusted to reflect changes in the Consumer Price Index, as published by the United States Bureau of Labor Statistics. The fee may be collected by either a contracted referee or by the department, if the department is providing the referee service.
(B)If the fee is imposed and collected by a contracted referee, the contracted referee shall deposit the fees collected from the vehicle owner into a separate trust account that the referee shall account for and manage in accordance with generally accepted accounting practices.
(C)If the fee is imposed and collected by the department, the fees shall be deposited into the Vehicle Inspection and Repair Fund.
(d)A smog check station may also be licensed as a repair-only station, and if so licensed, may perform repairs to reduce excessive emissions on vehicles which have failed the smog check test. Repair procedures and equipment requirements shall be established by the department. Technicians employed by a smog check repair-only station shall be qualified in accordance with this section.
(e)Smog check technicians are qualified to test and repair only those classes and categories of vehicles for which they have passed a qualification test administered by the department. The department shall provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year. For the purposes of this chapter, qualified smog check technician refers to either a smog check repair technician or smog check inspector, or both.
(f)The consumer protection-oriented quality assurance portion of the program, including the provision of referee and inspection services pursuant to paragraph (2) of subdivision (b) of Section 44010.5, may be conducted by one or more private entities pursuant to contracts with the department.
SEC. 17.Section 44014.2 of the Health and Safety Code is amended to read:44014.2.(a)The department shall develop a program for the voluntary certification of licensed smog check stations, or the department may accept a smog check station certification program proposed by accredited industry representatives. The department shall establish inspection-based performance standards consistent with Section 44014.6 for stations certified under this program that the stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Sections 44010.5 and 44014.7, or vehicles identified by the department as gross polluters.
(b)The department shall adopt regulations that apply to all enhanced areas of the state, including those areas subject to the enhanced program pursuant to Section 44003.5, that permit both of the following:
(1)Any vehicle that fails a required smog test at a test facility may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(2)Any vehicle that is identified as a gross polluter may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(c)Smog check stations that seek voluntary certification under this section may enter into an agreement with the department to provide repair services pursuant to Section 44062.1.
(d)An agreement made pursuant to this section shall not be deemed to be a contract subject to the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
SEC. 18.Section 44014.5 of the Health and Safety Code is amended to read:44014.5.(a)The enhanced program shall provide for the testing and retesting of vehicles in accordance with Sections 44010.5 and 44014.2 and this section.
(b)The repair of vehicles at test-only stations is prohibited, except that the minor repair of components damaged by station personnel during inspection at the station, any minor repair that is necessary for the safe operation of a vehicle while at a station, or other minor repairs, such as the reconnection of hoses or vacuum lines, may be undertaken at no charge to the vehicle owner or operator if authorized in advance in writing by the department.
(c)The department shall make available to consumers a list, compiled by region, of smog check stations licensed to make repairs of vehicular emission control systems. A test-only station shall not refer a vehicle owner to any particular provider of vehicle repair services in which the test-only station has a financial interest.
(d)(1)The department shall establish standards for training, equipment, performance, or data collection for smog check stations.
(2)(A)The department shall establish inspection-based performance standards consistent with Section 44014.6 that smog check stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Section 44010.5 or 44014.7, or vehicles identified by the department as gross polluters. Failure at any time to meet these standards shall result in suspension of the certification to test these vehicles granted by the department. A test station not meeting the performance standards may continue to issue certificates of compliance and noncompliance for other vehicles. The department shall adopt measures to ensure the requirements of this subparagraph are met, including through the use of the computer database and computer network authorized by Section 44037.1.
(B)The department shall provide the test station with written or electronic notice, prior to the suspension pursuant to subparagraph (A). The notice shall specify the grounds for the suspension and provide that the station within five days of receipt of the notice may request a hearing before the chief of the bureau or their designee to contest the suspension. The request for hearing shall be in writing or shall be made electronically. Receipt of this hearing request shall stay the suspension pending the outcome of the hearing. If a request for hearing is not made, the chief of the bureau shall issue a final written decision of suspension within 10 days of the last date that a hearing could have been requested.
(C)The hearing conducted by the chief of the bureau or their designee shall be held not later than 10 days from the date that the request for a hearing is received by the chief of the bureau. The hearing requirements of Section 44072 shall not apply. The chief of the bureau shall render a written decision within 10 days of the hearing. The decision may rescind the suspension, affirm the suspension, or order any other appropriate action. Administrative review, before an administrative law judge, of the decision of the chief of the bureau may be sought within 30 days of the date of the decision.
(D)The department may adopt regulations to implement this paragraph.
(e)The department shall prohibit test-only stations from engaging in other business activities that represent a conflict of interest, as determined by the department. Upon implementation of the performance standards described in paragraph (2) of subdivision (d), ownership of a test-and-repair station by an owner of a test-only station shall not be considered a conflict of interest.
(f)A test facility contracted pursuant to paragraph (2) of subdivision (b) of Section 44010.5 may charge an inspection fee, established by the department, sufficient to cover the facilitys cost to perform the tests or services, including, but not limited to, referee services and the issuance of waivers and hardship extensions required by this chapter. In addition, the station shall charge and collect the certificate fee established pursuant to Section 44060.
(g)The department shall ensure that there is a sufficient number of test facilities to provide convenient testing for the following vehicles:
(1)All vehicles identified and confirmed as gross polluters pursuant to Section 44081 and Section 27156 of the Vehicle Code.
(2)(A)Vehicles initially identified as gross polluters by a smog check station licensed as a test-and-repair station may be issued a certificate of compliance by a licensed smog check station certified pursuant to Section 44014.2.
(B)For purposes of this section, the department shall implement a program that allows vehicles initially identified as gross polluters to be repaired and issued a certificate of compliance by a facility licensed and certified pursuant to Section 44014.2.
(3)All vehicles designated by the department pursuant to Sections 44014.7 and 44020.
(4)Vehicles issued an economic hardship extension in the previous biennial inspection of the vehicle.
(h)The department shall provide a sufficient number of referees authorized to perform referee functions to provide convenient testing for those vehicles that are required to report to, and receive a certificate of compliance from, a referee by this chapter, including all of the following:
(1)All vehicles seeking to utilize state-operated financial assistance or inclusion in authorized scrap programs.
(2)All vehicles unable to obtain a certificate of compliance from a licensed smog check station pursuant to subdivision (c) of Section 44015.
(3)Any other vehicles that may be designated by the department.
(i)Gross polluters shall be referred for a postrepair inspection and retest pursuant to subdivision (g). Passing the emissions test is not a sufficient condition for receiving a certificate of compliance. A certificate of compliance shall only be issued to a vehicle that does not have any defects with its emission control system or any defects that could lead to damage of its emission control system, as provided in regulations adopted by the department.
SEC. 19.Section 44014.7 of the Health and Safety Code is amended to read:44014.7.(a) The department shall require 2 percent of the vehicles required to obtain a certificate of compliance each year in enhanced program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(b) The department may require a number not to exceed 2 percent of the vehicles required to obtain a certificate of compliance each year in basic program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2.
(c) The vehicles specified in subdivisions (a) and (b) shall be selected at random. The department shall select the vehicles and the Department of Motor Vehicles shall notify the owners of their obligation under this section pursuant to Section 4000.3 of the Vehicle Code. Selection shall be made from vehicles in an area where a test station is located.
SEC. 20.Section 44024.5 of the Health and Safety Code is amended to read:44024.5.(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 biennially beginning no later than July 1, 2011. 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.
(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.
SEC. 21.Section 44032 of the Health and Safety Code is amended to read:44032.No person shall perform, for compensation, tests or repairs of emission control devices or systems of motor vehicles required by this chapter unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. Qualified smog check technicians shall perform tests of emission control devices and systems in accordance with Section 44012.
SEC. 22.Section 44072.10 of the Health and Safety Code is amended to read:44072.10.(a)Notwithstanding Sections 44072 and 44072.4, the director, or the directors designee, pending a hearing conducted pursuant to subdivision (e), may temporarily suspend any smog check station or technicians license issued under this chapter, for a period not to exceed 60 days, if the department determines that the licensees conduct would endanger the public health, safety, or welfare before the matter could be heard pursuant to subdivision (e), based upon reasonable evidence of any of the following:
(1)Fraud.
(2)Tampering.
(3)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(4)A pattern or regular practice of violating this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(b)If a motor vehicle dealer sells any used vehicle, knowing that the vehicle has been fraudulently certified, that act shall be additional grounds for suspension or revocation pursuant to Section 11705 of the Vehicle Code. A dealers license revoked pursuant to this subdivision shall not be reinstated for any reason for a period of at least five years.
(c)The department shall revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. A fraudulent inspection includes, but is not limited to, all of the following:
(1)Clean piping, clean pugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(2)Tampering with a vehicle emission control system or test analyzer system.
(3)Tampering with a vehicle in a manner that would cause the vehicle to falsely pass or falsely fail an inspection.
(4)Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(d)Once a license has been revoked for a smog check station or technician under subdivision (a) or (c), the license shall not be reinstated for any reason. A hearing shall be held and a decision issued within 60 days after the date on which the notice of the temporary suspension was provided unless the time for the hearing has been extended, or the right to a hearing has been waived, by the licensee.
(e)The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, or by court order.
(f)The department shall adopt, by regulation, procedures to ensure that any affected licensee is provided adequate notice and opportunity to be heard, except as otherwise provided in subdivision (a), prior to issuing an order temporarily suspending a license under this section.
SEC. 23.Section 2525.4 of the Vehicle Code is amended to read:2525.4.(a)Fleet owners licensed as inspection and maintenance stations shall do all of the following:
(1)Conduct all installations, adjustments, inspections, and maintenance under the supervision of, and subject to the regulations of, the department, and subject to Division 12 (commencing with Section 24000).
(2)If engaged in interstate transportation, also conduct inspections and maintenance in accordance with the requirements of the United States Department of Transportation.
(3)If operating or maintaining vehicles described in subdivisions (a), (b), (d), (e), (f), or (g), of Section 34500, enroll each licensed inspection and maintenance station for inspection by the Department of the California Highway Patrol pursuant to subdivision (d) of Section 34501.12 and pay the fees required by subdivision (e) of that section.
(b)Fleet owners may not certify vehicle safety systems, as described in Section 9888.5 of the Business and Professions Code, or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the owners fleet.
SEC. 24.Section 11519 of the Vehicle Code is amended to read:11519.(a)A vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle may not be subsequently registered until there is submitted to the department all of the following:
(1)The prescribed bill of sale.
(2)An appropriate application.
(3)A vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, except that a fleet owner of motor trucks of three or more axles that are more than 6,000 pounds unladen weight, and a fleet owner of truck tractors, may instead submit certification for their own rebuilt vehicle if the fleet owner operates an inspection and maintenance station licensed by the commissioner under subdivision (b) of Section 2525.
(4)With respect to 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 from a licensed motor vehicle pollution control device installation and inspection station indicating that the vehicle is properly equipped with a motor vehicle pollution control device that is in proper operating condition and is in compliance with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(5)Any other documents or fees required under law.
(b)The department may not register a vehicle that has been referred to the Department of the California Highway Patrol under subdivision (b) of Section 5505 or that has been selected for inspection by that department under subdivision (c) of that section, until the applicant for registration submits to the department a certification of inspection issued by the Department of the California Highway Patrol and all of the documents required under subdivision (a).
SEC. 25.Section 24007 of the Vehicle Code is amended to read:24007.(a)(1)No dealer or person holding a retail sellers permit shall sell a new or used vehicle that is not in compliance with this code and departmental regulations adopted pursuant to this code, unless the vehicle is sold to another dealer, sold for the purpose of being legally wrecked or dismantled, or sold exclusively for off-highway use.
(2)Paragraph (1) does not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(3)Notwithstanding paragraph (1), the equipment requirements of this division do not apply to the sale of a leased vehicle by a dealer to a lessee if the lessee is in possession of the vehicle immediately prior to the time of the sale and the vehicle is registered in this state.
(b)(1)Except as provided in Section 24007.5, no person shall sell, or offer or deliver for sale, to the ultimate purchaser, or to any subsequent purchaser a new or used motor vehicle, as those terms are defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, subject to Part 5 (commencing with Section 43000) of that Division 26 which is not in compliance with that part and the rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
(2)Prior to or at the time of delivery for sale, the seller shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(3)When the vehicle is issued a salvage certificate pursuant to Section 11515, the seller shall provide the purchaser a valid vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, prior to, or at the time of, delivery for sale.
(3)(4)Paragraph (2) does not apply to any vehicle whose transfer of ownership and registration is described in subdivision (d) of Section 4000.1.
(4)(5)Paragraphs (1) and (2) (1), (2), and (3) do not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(c)(1)With each application for initial registration of a new motor vehicle or transfer of registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a dealer, the purchaser, or his or her their authorized representative, shall transmit to the Department of Motor Vehicles a valid certificate of compliance or noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(2)Notwithstanding paragraph (1) of this subdivision, with respect to new vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, a dealer may transmit, in lieu of a certificate of compliance, a statement, in a form and containing information deemed necessary and appropriate by the Director of Motor Vehicles and the Executive Officer of the State Air Resources Board, to attest to the vehicles compliance with that chapter. The statement shall be certified under penalty of perjury, and shall be signed by the dealer or the dealers authorized representative.
(3)Paragraph (1) does not apply to a transfer of ownership and registration under any of the circumstances described in subdivision (d) of Section 4000.1.
SEC. 25.SEC. 26.Section 40616 of the Vehicle Code is amended to read:40616.Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a)Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed or contracted to inspect and certify for the violation pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code or Section 27150.2.
(b)Driver license and registration violations may be certified as corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court.
(c)Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.
SEC. 26.SEC. 27.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensees home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensees address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the internet.
(b)In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto automotive repair dealers, smog check stations, lamp and brake stations, smog check technicians, and smog inspection certification stations. and vehicle safety systems inspection stations and technicians.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The Acupuncture Board shall disclose information on its licensees.
(13)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14)The Dental Board of California shall disclose information on its licensees.
(15)The California State Board of Optometry shall disclose information on its licensees and registrants.
(16)The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2.Section 9880.1 of the Business and Professions Code is amended to read:9880.1.The following definitions apply for the purposes of this chapter:
(a)Automotive repair dealer means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. vehicles, or engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
(b)Automotive technician means an employee of an automotive repair dealer or that dealer, if the employer or dealer repairs motor vehicles and who, for salary or wage, performs repairs of motor vehicles as set forth in subdivision (k).
(c)Bureau means the Bureau of Automotive Repair.
(d)Chief means the Chief of the Bureau of Automotive Repair.
(e)Commercial business agreement means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automotive repair dealer, prior to the repair that is requested to be made, that contemplates a continuing business arrangement under which the automotive repair dealer is to repair any motor vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automotive repair facility to its customers.
(f)Customer means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. Customer shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer.
(g)Director means the Director of Consumer Affairs.
(h)Motor vehicle means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.
(i)Person includes a firm, partnership, association, limited liability company, or corporation.
(j)Preventative maintenance services means the following maintenance services: checking tire pressure and adding or relieving pressure, as necessary; rotating tires; changing transmission fluid, transmission filter, engine oil and filter, differential fluid, power steering fluid, and transfer case fluid; changing engine or cabin air filters, and external fuel filters; changing engine coolant; performing a fuel system induction service; replacing belts and windshield wiper blades; replacing light bulbs and restoring headlamps; adding oil or fuel treatments through the designated fill points; and topping off fluids; and all of the listed services include the removal, reinstallation, and replacement of any components necessary to perform each service, and the tapping of damaged threads without removal of any fluid pan.
(k)Repair of motor vehicles means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer, including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and roadside services.
(l)Roadside services means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by, or on behalf of, a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code, or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, that is owned or operated by a person or entity who possesses a valid motor carrier permit, as described in Section 34620 of the Vehicle Code, and is enrolled in the Basic Inspection of Terminals program, as described in Section 34501.12 of the Vehicle Code.
SEC. 3.Section 9882 of the Business and Professions Code, as amended by Section 1 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)(A)On or after July 1, 2023, the director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(B)(i)The director may include in the citation system a process for an automotive repair dealer, upon successful completion of remedial training conducted by a provider certified pursuant to subdivision (d) of Section 9884.7, to prevent disclosure of the citation on the internet as provided in Section 27.
(ii)To be eligible for citation nondisclosure under this subparagraph, the automotive repair dealer shall not have attended remedial training in the prior 18-month period from the effective date of citation.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2024. 2028.
(c)This section shall be effective only until July 1, 2026, and as of that date is repealed.
SEC. 4.Section 9882 of the Business and Professions Code, as added by Section 2 of Chapter 372 of the Statutes of 2021, is amended to read:9882.(a)(1)There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)The director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(3)Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)(1)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2)The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2024. 2028.
(c)This section shall become operative on July 1, 2026.
SEC. 5.Section 9884.16 of the Business and Professions Code is amended to read:9884.16.(a)A person required to have a valid registration under the provisions of this chapter shall not have the benefit of any lien for labor or materials, including the ability to charge storage fees in accordance with applicable laws, or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration.
(b)The bureau may adopt regulations, as necessary, in accordance with Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code and Section 22524.5 of the Vehicle Code, to carry out the provisions of this section.
SEC. 6.Section 9887.5 of the Business and Professions Code is amended to read:9887.5.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 7.Section 9888.4.1 of the Business and Professions Code is amended to read:9888.4.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 8.Section 9888.5 of the Business and Professions Code is amended to read:9888.5.(a)The director shall develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(b)The director shall issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. The director may electronically issue these licenses.
(c)By January 1, 2024, the director shall adopt the regulations, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including, but not limited to, all of the following:
(1)Inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.
(2)The application fee and process for applicants, including any specialized application process for those licensees licensed pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1).
(3)The certificate of compliance fee and certification process for vehicles, including any specialized certification process for those vehicles certified pursuant to Article 8 (commencing with Section 9889.15). The director shall prescribe a form for the certificate of compliance that contains, at a minimum, the date of issuance, the make and registration number of the vehicle, and the official license of the station.
(d)The vehicle safety systems inspection license shall replace licenses issued pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1). Licenses issued in accordance with those articles shall remain valid until six months after the director adopts effective date of regulations adopted pursuant to subdivision (c). A licensee with a license issued pursuant to Article 5 (commencing with Section 9887.1) or Article 6 (commencing with Section 9888.1) shall thereafter be regulated under this article and shall apply for and be issued a vehicle safety systems inspection license under this article.
(e)The vehicle safety systems inspection certificate shall replace certificates issued pursuant to Article 8 (commencing with Section 9889.15). Certificates issued in accordance with that article shall remain valid until six months after the director adopts regulations pursuant to subdivision (c).
SEC. 9.Section 9889.19.1 of the Business and Professions Code is amended to read:9889.19.1.This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 10.Section 9889.21 of the Business and Professions Code, as amended by Section 11 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 5 (commencing with Section 9887.1), Article 6 (commencing with Section 9888.1), Article 6.5 (commencing with Section 9888.5), and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall remain operative only until the director adopts six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
SEC. 11.Section 9889.21 of the Business and Professions Code, as added by Section 12 of Chapter 372 of the Statutes of 2021, is amended to read:9889.21.(a)Any person who violates any provision of Article 6.5 (commencing with Section 9888.5) and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b)This section shall become operative on the date the director adopts six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5).
SEC. 12.Section 44003.5 of the Health and Safety Code is amended to read:44003.5.(a)Notwithstanding any other provision of law, an enhanced motor vehicle inspection and maintenance program, including the provisions of the test-only program described in Section 44010.5, is established in the San Francisco Bay Area Basin, consistent with the requirements described in subdivision (b).
(b)The department shall commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin, including directing motor vehicles to test-only test facilities, after the department determines that an adequate number of test-only test stations, test and repair stations, referee services, and other facilities and equipment necessary to provide reliable and convenient service to vehicle owners subject to the program exist in that basin.
(c)Upon commencing operation of the enhanced program in those areas of the San Francisco Bay Area Basin subject to the requirements of the program, the bureau shall utilize emission standards for oxides of nitrogen, and percentages of vehicles directed to test-only test stations similar to those utilized to begin the initial implementation of the program in other enhanced areas of the state. The department shall phase-in more stringent emission standards for oxides of nitrogen and direct higher percentages of vehicles to test-only test stations, so that the fully implemented enhanced program in the San Francisco Bay area is consistent with the fully implemented enhanced program in other areas of the state.
(d)(1)On or before January 1, 2004, and concurrent with implementing subdivision (b), the board shall submit for peer review the study produced by the University of California at Riverside and commissioned by the Bay Area Air Quality Management District, and any other available scientifically credible evidence, to determine the impact of the enhanced motor vehicle inspection and maintenance program on Contra Costa County and surrounding areas. If the peer review concludes that the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin results in adverse ozone and other air quality impacts in Contra Costa County or parts of Solano, San Joaquin, Alameda, and Santa Clara Counties, the board, on or before January 1, 2004, shall suggest mitigation measures to the Legislature and to the respective air quality districts. These measures may include, but need not be limited to, a recommendation for additional funds to be made available for transit purposes and private passenger motor vehicle maintenance and repair purposes.
(2)It is the intent of the Legislature in enacting this section to seek implementation of those mitigation measures suggested under paragraph (1) that are found to be scientifically credible means to mitigate adverse ozone and other air quality impacts, are consistent with this section, and do not adversely impact downwind regions.
(e)Consistent with subdivision (b), it is the intent of the Legislature that the department commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Air Basin as expeditiously as possible in order to assist the San Francisco Bay Area and downwind air districts in meeting their federal air quality attainment requirements.
SEC. 13.Section 44010.5 of the Health and Safety Code is amended to read:44010.5.(a)The department shall implement a program with the capacity to commence, by January 1, 1995, the testing at test-only facilities, in accordance with this chapter, of 15 percent of inspect that portion of the total state vehicle fleet consisting of vehicles subject to inspection each year in the biennial program and that are registered in the enhanced program area, as established pursuant to paragraph (1) of subdivision (a) of Section 44003. 44003, which is sufficient to meet the emission reduction performance standards established by the United States Environmental Protection Agency in regulations adopted pursuant to the Clean Air Act Amendments of 1990. Except as provided in paragraph (2) of subdivision (b), the department shall afford smog check stations licensed pursuant to Section 44014 and certified pursuant to Section 44014.2 the initial opportunity to inspect vehicles subject to the program in this section.
(b)(1)The department shall increase the capacity of the program so that the capacity exists to commence, by January 1, 1996, the testing at test-only facilities of that portion of the state vehicle fleet that is subject to inspection and is registered in the enhanced program area, which is sufficient to meet the emission reduction performance standards established by the United States Environmental Protection Agency in regulations adopted pursuant to the Clean Air Act Amendments of 1990, taking into account the results of the pilot demonstration program established pursuant to Section 44081.6.(2)Upon increasing the capacity of the program pursuant to paragraph (1), the department shall afford smog check stations that are licensed and certified pursuant to Sections 44014 and 44014.2 the initial opportunity to perform the required inspections. The department shall adopt, by regulation, the requirements to provide that initial opportunity.(3)If the department determines that there is an insufficient number of licensed test-only smog check stations operating in an enhanced area to meet the increased demand for test-only inspections, the department may increase the capacity of the program by utilizing existing contracts.(c)(b)(1)The program shall utilize use the testing procedures described in Section 44012. Vehicles
(2)Vehicles selected for testing pursuant to this section shall include vehicles equipped without second generation onboard diagnostic systems (OBD II) and vehicles with emission problems that may not be adequately detected by the vehicles OBD II, as determined by the department in consultation with the state board. The Vehicles subject to testing under this paragraph shall be tested by referee facilities or a similar contracted inspection network established by the department, which may include subcontracted licensed smog check stations, as provided in subdivision (f) of Section 44014.
(3)The department, in consultation with the state board, may also select for testing pursuant to this section any other vehicles necessary in order to meet the requirement described in paragraph (1) of subdivision (b). (a).
(d)(c)Vehicles that are not diesel-powered in the enhanced program area which that are not subjected to the program established by this section may be tested at smog check stations licensed pursuant to Section 44014 that use loaded mode dynamometers. Diesel-powered vehicles in the enhanced program area that are not subjected to the program established by this section may be tested at smog check stations licensed pursuant to Section 44014 using appropriate testing procedures as determined by the department.
(e)(1)The department may implement the program established pursuant to subdivision (a) through a network of privately operated test-only facilities established pursuant to contracts to be awarded pursuant to this section.(2)The initial contracts awarded pursuant to this section shall terminate not later than seven years from the date that the contracts were executed.(f)No person shall be a contractor of the department for test-only facilities in all air basins, exclusively, where the enhanced program is in effect unless the department determines, after a public hearing, that there is not more than one qualified contractor. The South Coast Air Basin shall have at least two contractors, and the combined enhanced program area that includes Bakersfield, Fresno, and Sacramento shall have at least two contractors. The department may operate test-only facilities on an interim basis while contractors are being sought.(g)(1)In awarding contracts under this section, the department shall request bids through the issuance of a request for proposal.(2)The department shall first determine which bidders are qualified, and then award the contract to the qualified bidder, giving priority to the test cost and convenience to motorists.(3)The department shall provide a contractual preference, as determined by the department, not to exceed 10 percent of the total proposal evaluation score, based on the following factors:(A)Up to 5 percent to bidders providing firm commitments to employ businesses that are licensed or otherwise substantially participating in the smog check program after January 1, 1994.(B)Up to 5 percent to bidders based on the extent to which bidders maximize the potential economic benefit of the smog check program on this state over the term of the contract. That potential economic benefit shall include the percentage of work performed by California-based firms, the potential of the total project workforce who will be California residents, and the percentage of subcontracts that will be awarded to California-based firms.(4)Any contract executed by the department for the operation of a test-only facility shall expressly require compliance with this chapter and any regulations adopted by the department pursuant to this chapter.(h)(d)The department shall ensure that there is a sufficient number of test-only test facilities, and that they are properly located, to ensure reasonable accessibility and convenience to all persons within an enhanced program area, and that the waiting time for consumers is minimized. The department may operate test-only facilities on an interim basis to ensure convenience to consumers. The department shall specify in the request for proposal the minimum number of test-only facilities that are required for the program. Any contracts initially awarded pursuant to this section shall ensure that the contractors are capable of fulfilling the requirements of subdivision (a). area.
(i)Any data generated at a test-only facility shall be the property of the state, and shall be fully accessible to the department at any time. The department may set contract specifications for the storage of that data in a central data storage system or facility designated by the department.(j)The department shall ensure an effective transition to the new program by implementing an effective public education program and may specify in the request for proposal a dollar amount that bidders are required to include in their bids for public education activities, to be implemented pursuant to Section 44070.5.(k)The department shall ensure the effective management of the test-only facilities and shall specify in the request for proposal that a manager be present during all hours of station operation.(l)The department shall ensure and facilitate the effective transition of employees of businesses that are licensed or otherwise substantially participating in the smog check program and may specify in the request for proposal that test-only facility management be Automotive Service Excellence (ASE) certified, or be certified by a comparable program as determined by the department.(m)As part of the contracts to be awarded pursuant to subdivision (e), the department may require contractors to perform functions previously undertaken by referee stations throughout the state, as determined by the department, at some or all of the affected stations in enhanced areas, and at additional stations outside enhanced areas only to the extent necessary to provide appropriate access to referee functions.(n)Notwithstanding any other provision of law, to avoid delays to the program implementation timeline required by this chapter or the Clean Air Act, the Department of General Services, at the request of the department, may exempt contracts awarded pursuant to this section from existing laws, rules, resolutions, or procedures that are otherwise applicable, including, but not limited to, restrictions on awarding contracts for more than three years. The department shall identify any exemptions requested and granted pursuant to this subdivision and report thereon to the Legislature.(o)(e)The department shall implement the program established in this section only in urbanized areas classified by the United States Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm, and shall not implement the program in any other area.
SEC. 14.Section 44011 of the Health and Safety Code is amended to read:44011.(a)All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, unless determined through regulations adopted by the bureau to warrant temporary waiver from a biennial inspection, except for the following:
(1)All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles.
(2)All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months.
(3)All motor vehicles manufactured prior to the 1976 model-year.
(4)(A)Except as provided in subparagraph (B), all motor vehicles four or less model-years old.
(B)(i)Beginning January 1, 2005, all motor vehicles six or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the states commitments with respect to the state implementation plan required by the federal Clean Air Act.
(ii)Notwithstanding clause (i), beginning January 1, 2019, all motor vehicles eight or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the states commitments with respect to the state implementation plan required by the federal Clean Air Act.
(iii)Clause (ii) does not apply to a motor vehicle that is seven model-years old in year 2018 for which a certificate of compliance has been obtained.
(C)All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply:
(i)The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emission control system or would fail for other cause a smog check test as specified in Section 44012.
(ii)The vehicle was previously registered outside this state and is undergoing initial registration in this state.
(iii)The vehicle is being registered as a specially constructed vehicle.
(iv)The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing.
(D)This paragraph does not apply to diesel-powered vehicles.
(5)In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection.
(6)All motor vehicles that the department determines would present prohibitive inspection or repair problems.
(7)Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage.
(8)(A)All diesel-powered vehicles manufactured prior to the 1998 model-year.
(B)All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.
(C)All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.
(D)All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater.
(b)Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas.
(c)For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 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 vehicles 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.
SEC. 15.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 vehicles 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. 2013, and on model-year 199699, inclusive, vehicles only, beginning no earlier than January 1, 2025. 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 vehicles emission control system.
(c)For other than diesel-powered vehicles, the vehicles 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 vehicles 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 vehicles 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 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.
(g)A determination as to whether the motor vehicle complies with the emission standards for that vehicles 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. 16.Section 44014 of the Health and Safety Code is amended to read:44014.(a) Except as otherwise provided in this chapter, the testing and repair portion of the program shall be conducted by smog check stations licensed by the department, and by smog check technicians who have qualified pursuant to this chapter.
(b)A smog check station may be licensed by the department as a smog check test-only station and, when so licensed, need not comply with the requirement for onsite availability of current service and adjustment procedures specified in paragraph (3) of subdivision (b) of Section 44030. A smog check technician employed by a smog check test-only station shall be qualified in accordance with this section.
(c)(1)The department shall supply a network of referees. A Except as provided in paragraph (2) of subdivision (b) of Section 44010.5, a referee shall have no ownership interest in, or business or economic interest with, a smog check station. Referees may issue repair cost waivers, certificates of compliance or noncompliance, and hardship extensions, in accordance with regulations adopted by the department, and promote automotive training through community colleges and other training institutions certified by the department pursuant to Section 44030.5. Referees shall provide inspection services for specially constructed vehicles pursuant to Section 44017.4 and Section 9565 of the Vehicle Code and issue exhaust system certificates of compliance in accordance with Section 27150.2 of the Vehicle Code.
(2)The department may adopt regulations to establish qualification standards and any special administrative, operational, and licensure standards that the department determines to be necessary for the provision of referee services.
(3)The department may adopt, by regulation, a process by which vehicles that present prohibitive or unusual inspection circumstances are inspected by referees, including, but not limited to, the inspection of vehicles in which the manufacturers physical or operational design presents inspection incompatibilities, vehicles equipped with emission control configurations that do not match United States Environmental Protection Agency or state board certified configurations, including direct import vehicles and vehicles with engine changes, and vehicles equipped with retrofit alternative fuel conversion kits.
(4)(A)A referee may charge a fee sufficient to cover the costs of providing referee services for performing inspections of specially constructed vehicles pursuant to Section 44017.4 and Section 9565 of the Vehicle Code, 44017.4, inspections pursuant to Section 27150.2 of the Vehicle Code, inspections of vehicles subject to paragraph (2) of subdivision (b) of Section 44010.5, and other appropriate categories of referee services as determined by the department. Requirements applicable to the fee, including its amount, shall be established by the department by regulation and the amount may be adjusted to reflect changes in the Consumer Price Index, as published by the United States Bureau of Labor Statistics. The fee may be collected by either a contracted referee or by the department, if the department is providing the referee service.
(B)If the fee is imposed and collected by a contracted referee, the contracted referee shall deposit the fees collected from the vehicle owner into a separate trust account that the referee shall account for and manage in accordance with generally accepted accounting practices.
(C)If the fee is imposed and collected by the department, the fees shall be deposited into the Vehicle Inspection and Repair Fund.
(d)A smog check station may also be licensed as a repair-only station, and if so licensed, may perform repairs to reduce excessive emissions on vehicles which have failed the smog check test. Repair procedures and equipment requirements shall be established by the department. Technicians employed by a smog check repair-only station shall be qualified in accordance with this section.
(e)Smog check technicians are qualified to test and repair only those classes and categories of vehicles for which they have passed a qualification test administered by the department. The department shall provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year. For the purposes of this chapter, qualified smog check technician refers to either a smog check repair technician or smog check inspector, or both.
(f)The consumer protection-oriented quality assurance portion of the program, including the provision of referee services, and inspection services pursuant to paragraph (2) of subdivision (b) of Section 44010.5, may be conducted by one or more private entities pursuant to contracts with the department.
SEC. 17.Section 44014.2 of the Health and Safety Code is amended to read:44014.2.(a)The department shall develop a program for the voluntary certification of licensed smog check stations, or the department may accept a smog check station certification program proposed by accredited industry representatives. The certification program, which may be called a gold shield program, shall be for the purpose of providing consumers, whose vehicles fail an emissions test at a test-only facility, an option of services at a single location to prevent the necessity for additional trips back to the test-only facility for vehicle certification. The department shall establish inspection-based performance standards consistent with Section 44014.6 for stations certified under this program that the stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Sections 44010.5 and 44014.7, or vehicles identified by the department as gross polluters.
(b)The department shall adopt regulations that apply to all enhanced areas of the state, including those areas subject to the enhanced program pursuant to Section 44003.5, that permit both of the following:
(1)Any vehicle that fails a required smog test at a test-only test facility may be repaired, retested, and certified at a facility station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(2)Any vehicle that is identified as a gross polluter may be repaired, retested, and certified at a facility station licensed pursuant to Section 44014, and certified pursuant to subdivision (a).
(c)Smog check stations that seek voluntary certification under this section shall may enter into an agreement with the department to provide repair services pursuant to Section 44062.1.
(d)An agreement made pursuant to this section shall not be deemed to be a contract subject to the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
SEC. 18.Section 44014.5 of the Health and Safety Code is amended to read:44014.5.(a)The enhanced program shall provide for the testing and retesting of vehicles in accordance with Sections 44010.5 and 44014.2 and this section.
(b)The repair of vehicles at test-only facilities stations is prohibited, except that the minor repair of components damaged by station personnel during inspection at the station, any minor repair that is necessary for the safe operation of a vehicle while at a station, or other minor repairs, such as the reconnection of hoses or vacuum lines, may be undertaken at no charge to the vehicle owner or operator if authorized in advance in writing by the department.
(c)The department shall make available to consumers of test-only facilities a list, compiled by region, of smog check stations licensed to make repairs of vehicular emission control systems. A test-only facility station shall not refer a vehicle owner to any particular provider of vehicle repair services in which the test-only facility station has a financial interest.
(d)(1)The department shall establish standards for training, equipment, performance, or data collection for test-only facilities. smog check stations.
(2)(A)The department shall establish inspection-based performance standards consistent with Section 44014.6 that test-only smog check stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Section 44010.5 or 44014.7, or vehicles identified by the department as gross polluters. Failure at any time to meet these standards shall result in suspension of the certification to test these vehicles granted by the department. A test-only test station not meeting the performance standards may continue to issue certificates of compliance and noncompliance for other vehicles. The department shall adopt measures to ensure the requirements of this subparagraph are met, including through the use of the computer database and computer network authorized by Section 44037.1.
(B)The department shall provide the test-only test station with written or electronic notice, prior to the suspension pursuant to subparagraph (A). The notice shall specify the grounds for the suspension and provide that the station within five days of receipt of the notice may request a hearing before the chief of the bureau or his or her their designee to contest the suspension. The request for hearing shall be in writing or shall be made electronically. Receipt of this hearing request shall stay the suspension pending the outcome of the hearing. If a request for hearing is not made, the chief of the bureau shall issue a final written decision of suspension within 10 days of the last date that a hearing could have been requested.
(C)The hearing conducted by the chief of the bureau or his or her their designee shall be held not later than 10 days from the date that the request for a hearing is received by the chief of the bureau. The hearing requirements of Section 44072 shall not apply. The chief of the bureau shall render a written decision within 10 days of the hearing. The decision may rescind the suspension, affirm the suspension, or order any other appropriate action. Administrative review, before an administrative law judge, of the decision of the chief of the bureau may be sought within 30 days of the date of the decision.
(D)The department may adopt regulations to implement this paragraph.
(e)The department shall prohibit test-only facilities stations from engaging in other business activities that represent a conflict of interest, as determined by the department. Upon implementation of the performance standards described in paragraph (2) of subdivision (d), ownership of a test-and-repair station by an owner of a test-only facility station shall not be considered a conflict of interest.
(f)The test-only A test facility contracted pursuant to paragraph (2) of subdivision (b) of Section 44010.5 may charge a an inspection fee, established by the department, sufficient to cover the facilitys cost to perform the tests or services, including, but not limited to, referee services and the issuance of waivers and hardship extensions required by this chapter. In addition, the station shall charge and collect the certificate fee established pursuant to Section 44060. This subdivision shall apply only to facilities contracted for pursuant to subdivision (e) of Section 44010.5.
(g)The department shall ensure that there is a sufficient number of test-only test facilities to provide convenient testing for the following vehicles:
(1)All vehicles identified and confirmed as gross polluters pursuant to Section 44081 and Section 27156 of the Vehicle Code.
(2)(A)Vehicles initially identified as gross polluters by a smog check station licensed as a test-and-repair station may be issued a certificate of compliance by a test-only facility or by a licensed smog check station certified pursuant to Section 44014.2.
(B)For purposes of this section, the department shall implement a program that allows vehicles initially identified as gross polluters to be repaired and issued a certificate of compliance by a facility licensed and certified pursuant to Section 44014.2.
(3)All vehicles designated by the department pursuant to Sections 44014.7 and 44020.
(4)Vehicles issued an economic hardship extension in the previous biennial inspection of the vehicle.
(h)The department shall provide a sufficient number of test-only facilities referees authorized to perform referee functions to provide convenient testing for those vehicles that are required to report to, and receive a certificate of compliance from, a test-only facility referee by this chapter, including all of the following:
(1)All vehicles seeking to utilize state-operated financial assistance or inclusion in authorized scrap programs.
(2)All vehicles unable to obtain a certificate of compliance from a licensed smog check station pursuant to subdivision (c) of Section 44015.
(3)Any other vehicles that may be designated by the department.
(i)Gross polluters shall be referred to a test-only facility, or a test-and-repair station that is both licensed and certified pursuant to Sections 44014 and 44014.2, for a postrepair inspection and retest pursuant to subdivision (g). Passing the emissions test is not a sufficient condition for receiving a certificate of compliance. A certificate of compliance shall only be issued to a vehicle that does not have any defects with its emission control system or any defects that could lead to damage of its emission control system, as provided in regulations adopted by the department.
SEC. 19.Section 44014.7 of the Health and Safety Code is amended to read:44014.7.(a) The department shall require 2 percent of the vehicles required to obtain a certificate of compliance each year in enhanced program areas to receive their certificate from a test-only facility. licensed smog check station certified pursuant to Section 44014.2.
(b) The department may require a number not to exceed 2 percent of the vehicles required to obtain a certificate of compliance each year in basic program areas to receive their certificate from a test-only facility. licensed smog check station certified pursuant to Section 44014.2.
(c) The vehicles specified in subdivisions (a) and (b) shall be selected at random. The vehicles may be included among the vehicles subject to subdivision (d) of Section 44010.5, to the extent that the vehicles are registered in enhanced program areas. The review committee may review the selection process to ensure that it is a statistically significant representation of the vehicles subject to the basic and enhanced programs. The department shall select the vehicles and the Department of Motor Vehicles shall notify the owners of their obligation under this section pursuant to Section 4000.3 of the Vehicle Code. Selection shall be made from vehicles in an area where a test-only facility test station is located.
SEC. 20.Section 44024.5 of the Health and Safety Code is amended to read:44024.5.(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, biennially beginning no later than July 1, 2011. 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.
(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.
SEC. 21.Section 44032 of the Health and Safety Code is amended to read:44032.No person shall perform, for compensation, tests or repairs of emission control devices or systems of motor vehicles required by this chapter unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. Qualified smog check technicians shall perform tests of emission control devices and systems in accordance with Section 44012.
SEC. 22.Section 44072.10 of the Health and Safety Code is amended to read:44072.10.(a) Notwithstanding Sections 44072 and 44072.4, the director, or the directors designee, pending a hearing conducted pursuant to subdivision (e), may temporarily suspend any smog check station or technicians license issued under this chapter, for a period not to exceed 60 days, if the department determines that the licensees conduct would endanger the public health, safety, or welfare before the matter could be heard pursuant to subdivision (e), based upon reasonable evidence of any of the following:
(1) Fraud.
(2) Tampering.
(3) Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(4) A pattern or regular practice of violating this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(b) If a motor vehicle dealer sells any used vehicle, knowing that the vehicle has been fraudulently certified, that act shall be additional grounds for suspension or revocation pursuant to Section 11705 of the Vehicle Code. A dealers license revoked pursuant to this subdivision shall not be reinstated for any reason for a period of at least five years.
(c) The department shall revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. A fraudulent inspection includes, but is not limited to, all of the following:
(1) Clean piping, clean pugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department.
(2) Tampering with a vehicle emission control system or test analyzer system.
(3) Tampering with a vehicle in a manner that would cause the vehicle to falsely pass or falsely fail an inspection.
(4) Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.
(d) Once a license has been revoked for a smog check station or technician under subdivision (a) or (c), the license shall not be reinstated for any reason. A hearing shall be held and a decision issued within 60 days after the date on which the notice of the temporary suspension was provided unless the time for the hearing has been extended, or the right to a hearing has been waived, by the licensee.
(e) The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, or by court order.
(f) The department shall adopt, by regulation, procedures to ensure that any affected licensee is provided adequate notice and opportunity to be heard, except as otherwise provided in subdivision (a), prior to issuing an order temporarily suspending a license under this section.
SEC. 23.Section 2525.4 of the Vehicle Code is amended to read:2525.4.(a)Fleet owners licensed as inspection and maintenance stations shall do all of the following:
(1)Conduct all installations, adjustments, inspections, and maintenance under the supervision of, and subject to the regulations of, the department, and subject to Division 12 (commencing with Section 24000).
(2)If engaged in interstate transportation, also conduct inspections and maintenance in accordance with the requirements of the United States Department of Transportation.
(3)If operating or maintaining vehicles described in subdivisions (a), (b), (d), (e), (f), or (g), of Section 34500, enroll each licensed inspection and maintenance station for inspection by the Department of the California Highway Patrol pursuant to subdivision (d) of Section 34501.12 and pay the fees required by subdivision (e) of that section.
(b)Fleet owners may not certify the adjustment of lamps or brakes vehicle safety systems, as described in Section 9888.5 of the Business and Professions Code, or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the owners fleet.
SEC. 24.Section 11519 of the Vehicle Code is amended to read:11519.(a)A vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle may not be subsequently registered until there is submitted to the department all of the following:
(1)The prescribed bill of sale.
(2)An appropriate application.
(3)Official lamp and brake adjustment certificates issued by an official lamp and brake adjusting station licensed by the Director of Consumer Affairs, A vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, except that a fleet owner of motor trucks of three or more axles that are more than 6,000 pounds unladen weight, and a fleet owner of truck tractors, may instead submit an official lamp and brake certification for his or her their own rebuilt vehicle if the fleet owner operates an inspection and maintenance station licensed by the commissioner under subdivision (b) of Section 2525.
(4)With respect to 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 from a licensed motor vehicle pollution control device installation and inspection station indicating that the vehicle is properly equipped with a motor vehicle pollution control device that is in proper operating condition and is in compliance with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(5)Any other documents or fees required under law.
(b)The department may not register a vehicle that has been referred to the Department of the California Highway Patrol under subdivision (b) of Section 5505 or that has been selected for inspection by that department under subdivision (c) of that section, until the applicant for registration submits to the department a certification of inspection issued by the Department of the California Highway Patrol and all of the documents required under subdivision (a).
SEC. 25.Section 40616 of the Vehicle Code is amended to read:40616.Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a)Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed or contracted to inspect and certify for the violation pursuant to Article 8 (commencing with Section 9889.15) Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code and or Section 27150.2.
(b)Driver license and registration violations may be certified as corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court.
(c)Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.
SEC. 26.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SECTION 1.Section 9882.4 of the Business and Professions Code is amended to read:9882.4.The director shall keep a complete record of all registered automotive repair dealers showing the names and addresses of all such dealers. A copy of the roster shall be made available to any person requesting it upon the payment of the sum established by the chief as sufficient to cover the costs thereof. The bureau shall send to registered automotive repair dealers, at least three times per year, a newsletter that shall describe recently adopted regulations, proposed regulations, disciplinary hearings, and any other information that the director shall determine will assist the bureau in its enforcement program.The director shall keep a complete record of all registered automotive repair dealers showing the names and addresses of all such dealers. A copy of the roster shall be made available to any person requesting it upon the payment of such the sum as shall be established by the chief as sufficient to cover the costs thereof. The bureau shall send to registered automotive repair dealers, at least twice a three times per year, a newsletter which may that shall describe recently adopted regulations, proposed regulations, disciplinary hearings, and any other information that the director shall determine will assist the bureau in its enforcement program.
|
Date
|
Status
|
|---|---|
| Oct 10, 2023 | Chaptered by Secretary of State - Chapter 681, Statutes of 2023. |
| Oct 10, 2023 | Approved by the Governor. |
| Sep 21, 2023 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3369.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2636.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 7, 2023 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | From committee: Do pass. (Ayes 7. Noes 0.) (September 1). |
| Aug 14, 2023 | In committee: Referred to APPR suspense file. |
| Jul 11, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 10, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 10). |
| Jun 28, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E. D. |
| Jun 7, 2023 | Referred to Com. on B., P. & E. D. |
| May 31, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1932.) |
| May 22, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | Read second time and amended. Ordered returned to second reading. |
| May 18, 2023 | From committee: Amend, and do pass as amended. (Ayes 15. Noes 0.) (May 18). |
| May 10, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 26, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 16. Noes 0.) (April 25). Re-referred to Com. on APPR. |
| Apr 24, 2023 | Re-referred to Com. on B. & P. |
| Apr 20, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 2, 2023 | Referred to Com. on B. & P. |
| Feb 17, 2023 | From printer. May be heard in committee March 19. |
| Feb 16, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 1263 Berman Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB1263 Berman et al. By Roth | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 14, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 10, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 30, 2023 | AB 1263 Business and Professions Assembly Third Reading By BERMAN | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Business and Professions |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Automotive Service Councils Of California | ** Support | |
| California Autobody Association | ** Support | |
| California Automotive Business Coalition | ** Support | |
| Personal Insurance Federation Of California | ** Support | |
| Specialty Equipment Market Association | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1263
Author:(Berman)
As Amended Ver:September 7, 2023
Majority vote
SUMMARY
Subjects the Bureau of Automotive Repair (BAR or Bureau) to legislative review as if it were to be sunset on January 1, 2028, and makes additional technical changes, statutory improvements, and policy reforms in response to issues raised during the Bureau's sunset review oversight process.
Senate Amendments
- Add findings and declarations relating to the usefulness of the Bureau Advisory Group (BAG).
- Authorize BAR to require an employee of an automotive repair dealer who was involved in a violation resulting in the Bureau’s issuance of a citation to be required to attend remedial training with the automotive repair dealer (ARD) to prevent disclosure of the citation.
- Authorize BAR to adopt, as necessary, regulations pertaining to storage fees charged by automotive repair dealers.
- Require a salvage vehicle rebuilder, when selling a total loss salvage vehicle, including a revived salvage loss vehicle, to provide the purchaser with a valid vehicle safety systems certificate of compliance prior to or at the time of delivery for sale, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
- Require any public agency or auctioneer which sells, at public action, vehicles registered to a public agency or a public utility to provide each bidder with a notice in writing that vehicle safety systems certificates of compliance are required to be obtained before registration, unless sold to a dealer or for the purpose of being wrecked, dismantled, or exclusive off-highway use.
- Correct drafting errors.
- Resolve potential chaptering conflicts with others bills amending one or more of the same code sections.
COMMENTS
The Bureau is responsible for regulating the automotive repair industry in California, including licensing and enforcement of the Automotive Repair Act (Act). The Bureau is also responsible for the state's vehicle emissions inspection and maintenance (Smog Check) program. Additionally, the Bureau administers financial assistance programs that make repairing or retiring high polluting vehicles more affordable for Californians.
Today the Bureau issues eleven license, registration, and certificate types. As of fiscal year (FY) 2021-22, the Bureau is responsible for overseeing 34,093 registered automotive repair dealers, of which 6,397 are licensed Smog Check stations and 1,577 are licensed brake and lamp stations, as well 20,773 Smog Check inspectors, repair technicians, and brake and lamp adjusters.
This bill subjects the Bureau to the sunset review oversight process again as if the Bureau were going to sunset on January 1, 2028, and addresses a number of issues raised during the Bureau's current sunset review, including the following.
- Sunset Issue #1: BAR Advisory Group. The Bureau currently has two informal, voluntary advisory committees: the Education Advisory Group and the BAG. The BAG was created to facilitate communication between the Bureau, the automotive repair industry, and other stakeholders. The BAG, which meets quarterly with Bureau staff including the Bureau chief, is comprised of representatives from the numerous industry associations and organizations. Stakeholders have expressed interest in ensuring that a future Bureau chief could not eliminate the BAG. However, the same stakeholders have expressed concerns about codifying the BAG, which could result in more administrative hurdles and limitations for Bureau staff and member stakeholders.
This bill codify findings and declarations relating to the usefulness of the BAG.
- Sunset Issue #5: Automotive Repair Service Writers. The Bureau is currently authorized to conduct investigations and discipline licensees – including by issuing citations and, in some cases, fines – who violate the Act and related regulations. Information on citations issued by the Bureau is posted on the Bureau’s website. AB 471 (Low), Chapter 372, Statutes of 2021, authorized the Bureau to establish a remedial training program for ARDs. Under the program, licensees who commit minor violations that do not constitute fraud such as insufficient recordkeeping may, until July 1, 2026, be allowed to take a remedial training course in lieu of having their citation disclosed on the Bureau’s website. However, while owners and managing employees may not have any direct interaction with customers, service writers engage with customers regularly by providing estimates, obtaining customer authorization, and furnishing invoices for repair services. Consequently, some industry representatives have opined that service writers should be subject to more oversight by the Bureau or, at the very least, be designated by the owner or managing employee to attend remedial training when the service writer commits a violation for which remedial training is a remedy.
This bill would authorize BAR to require an employee of an ARD who was involved in a violation resulting in the Bureau’s issuance of a citation to also be required to attend remedial training with the ARD to prevent disclosure of the citation.
- Sunset Issue #7: Storage Fees and Insurer Referrals. In January 2022, the Bureau created a specific email account for insurance companies to notify the Bureau when they believe an ARD is charging unreasonable or excessive storages fees. As of April 1, 2023, the Bureau has received over 320 referrals. Upon referral, the Bureau helps negotiate a fair resolution for all parties in an expedient manner. ARDs can similarly file complaints with the California Department of Insurance if they have an issue with an insurance company. Some stakeholders have suggested that insurance companies have delayed vehicle inspections and/or removal of total-loss vehicles from the ARD, resulting in hefty storage fees. However, the Bureau does not have any authority over insurance companies. Moreover, the Bureau only has authority to enforce laws in the Business and Professions Code and therefore, cannot enforce the provisions of law related to the reasonableness of towing and storage fees, which are located in the Vehicle Code (unless there is also a violation of the Business and Professions Code).
This bill would authorize the Bureau to adopt, as necessary, regulations pertaining to storage fees charged by ARDs.
- Sunset Issue #10: Online Automotive Repair Referral Businesses. In an effort to curb unlicensed activity, the Bureau adopted regulations in 2017 requiring mobile ARDs to include specific identifying information in all advertisements and on mobile ARD vehicles. Although the regulations have made it easier for consumers to identify and verify a mobile ARD's license before hire and for the Bureau to detect unlicensed activity, the Bureau reports that online advertising by automotive repair referral businesses is a new issue. Automotive repair referral businesses, which refer customers to licensed ARDs in exchange for a portion of the repair costs, are not subject to oversight by the Bureau. The Bureau reports that consumers often do not know whom they are authorizing to repair their vehicle.
This bill would amend the definition of "automotive repair dealer" to include a person who, for compensation, collects compensation for the automotive repair services that are referred or sublet to someone other than the dealer or their employees. This change will bring online automotive repair referral businesses under the regulatory oversight of the Bureau.
- Sunset Issue #11: Smog Check Inspection of Model Year 1976-1995 Vehicles. Of the approximately 10 million Smog Check inspections performed annually in California, just seven percent are of model year (MY) 1995 and older vehicles. As the population of MY 1995 and older vehicles requiring inspection declines, the cost of maintaining the necessary equipment (the BAR-97 Emissions Inspection System) and inspecting MY 1995 and older vehicles continues to increase.
In 2013, the Bureau established the STAR program, a voluntary certification for Smog Check stations that meet inspection-based performance standards and maintain equipment to test all vehicles. In response to the aforementioned cost pressures and the declining number of Smog Check stations offering inspections of MY 1995 and older vehicles, BAR currently requires all MY 1976 to 1999 vehicles to be inspected at STAR-certified stations. Even so, on average, over 90 percent of STAR-certified stations perform one or less inspection on MY 1995 or older vehicles each day.
This bill would authorize the Bureau to establish a centralized testing network that would be established through a competitively bid contract. Each centralized testing facility would maintain the BAR-97 inspection equipment required to inspect MY 1995 and older vehicles and inspection fees collected from consumers would pay for the testing sites and necessary staff to implement the program.
- Sunset Issue #12: Smog Check Performance Reporting. The Bureau, in cooperation with the California Air Resources Board, is required to annually evaluate the Smog Check Program and the performance of Smog Check stations and report its findings in the Smog Check Performance Report. Because vehicles subject to the Smog Check Program are only required to be inspected every other year, it takes two years for all vehicles to be tested. Currently half of the data reported in the annual Smog Check Performance Report is duplicative because two years' worth of roadside data is necessary to curate a statistically significant sample size.
This bill would require the Bureau to analyze and report data pertaining to the Smog Check Program biennially instead of annually.
- Sunset Issue #14: Technical Cleanup. The Bureau has identified several technical, non-substantive amendments that are necessary in the Business and Professions Code, Health and Safety Code, and Vehicle Code.
This bill makes numerous technical, clarifying, and conforming changes. In part, this bill would clarify that the seller of a vehicle that has been issued a salvage certificate is required to provide the purchaser of that vehicle a valid vehicle safety systems certificate, as specified.
- Sunset Issue #15: Continued Regulation. The Bureau's oversight of the automotive repair industry and administration of vehicle emissions reduction and safety programs are integral to the welfare of California motorists and to meeting California's ambitious climate goals.
This bill would subject the Bureau to the sunset review oversight review process again in 2027 as if the Bureau were to be sunset on January 1, 2028.
For a complete list of issues raised during the Bureau's sunset review, please refer to the background paper available on the Committee's website: https://abp.assembly.ca.gov/jointsunsethearings.
According to the Author
This bill is the sunset review vehicle for the Bureau of Automotive Repair.
Arguments in Support
According to the Automotive Service Councils of California,
The bill includes language that ensures the continuity of the BAR Advisory Committee meetings. These Advisory Committee meetings promote enhanced communication between BAR, repair dealers, education providers and consumers, playing a vital role in the automotive industry. Moreover, the bill requires any employee, such as a service writer, who was involved in a BAR violation to attend remedial training. This provision ensures that those involved receive appropriate training and education to rectify any issues.
The bill also requires a salvage rebuilder selling a revived salvage loss vehicle to provide the consumer with a vehicle safety systems certificate. This requirement underscores the importance of ensuring the safety of repaired salvage vehicles and safeguards consumers from potential hazards.
Finally, the bill requires that upcoming BAR towing and storage regulations to reference civil code, vehicle code and insurance code regulations. This enhances clarity for stakeholders involved in towing and storage processes.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
The 2023-24 Budget Act provides approximately $213.25 million (Vehicle Inspection and Repair Fund, High Polluter Repair or Removal Account, and Enhanced Fleet Modernization Subaccount) and 610.4 positions to support the continued operation of BAR’s licensing and enforcement activities.
BAR reports minor and absorbable costs to develop regulations for various provisions of the bill related to storage fees charged by automotive repair dealers (ARDs), and online automotive repair referral businesses.
VOTES:
ASM BUSINESS AND PROFESSIONS: 16-0-2
YES: Berman, Flora, Alanis, Alvarez, Bonta, Dixon, Gipson, Grayson, Irwin, Jackson, Lee, Lowenthal, McKinnor, Stephanie Nguyen, Joe Patterson, Ting
ABS, ABST OR NV: Chen, McCarty
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 79-0-1
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Essayli
UPDATED
VERSION: September 7, 2023
CONSULTANT: Kaitlin Curry / B. & P. / (916) 319-3301 FN: 0002407
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1263 |
THIRD READING
Bill No: AB 1263
Author: Berman (D), et al.
Amended: 9/7/23 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 7/10/23
AYES: Roth, Nguyen, Alvarado-Gil, Archuleta, Ashby, Becker, Dodd, Eggman, Glazer, Smallwood-Cuevas, Wahab, Wilk
NO VOTE RECORDED: Niello
ASSEMBLY FLOOR: 79-0, 5/30/23 - See last page for vote
SUBJECT: Vehicles: Bureau of Automotive Repair: smog check program
SOURCE: Author
DIGEST:
This bill makes various changes to the operations of the Bureau of Automotive Repair (BAR or the Bureau).
Senate Amendments of 9/7/23 make technical and clarifying changes and resolve chaptering conflicts.
ANALYSIS:
Existing law:
- Regulates the business of automotive repair under the Automotive Repair Act (Act). (Business and Professions Code (BPC) §§ 9880-9889.68)
- Establishes the BAR within the Department of Consumer Affairs (DCA), places the BAR under the supervision and control of the director of the DCA, and vests the duty of enforcing and administering the Act in the BAR’s bureau chief. (BPC § 9882)
- Defines “automotive repair dealer” (ARD) as a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. (BPC § 9880.1(a))
- Makes it unlawful for any person to be an ARD unless that person is currently registered with the BAR. (BPC § 9884.6)
- Authorizes the BAR to deny, suspend, revoke, or place on probation an ARD’s registration for specified acts or omissions, including failure to comply with the Act, negligence, and fraudulent conduct. (BPC § 9884.7)
- Makes any person who fails to comply with the provisions of the Act guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding six months, or by both that fine and imprisonment, except as specified. (BPC § 9889.21)
- Establishes the Motor Vehicle Inspection Program for the purpose of meeting or exceeding air quality standards set by the federal Clean Air Act in 1990. (Health and Safety Code (HSC) § 44000-44299.91)
- Prohibits a person from performing, for compensation, tests or repairs of emission control devices or systems of motor vehicles unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. (HSC § 44032)
- Requires DCA to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. (HSC § 44072.10)
This bill makes various changes to the operations of the Bureau of Automotive Repair (BAR or the Bureau) and extends BAR’s sunset date to January 1, 2028.
Background
In early 2023, the Senate Business, Professions and Economic Development Committee and the Assembly Committee on Business and Professions (Committees) began their comprehensive sunset review oversight of 8 regulatory entities including the Bureau. The Committees conducted two oversight hearings in March of this year. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees, and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
BAR was established within the California Department of Consumer Affairs (DCA) in 1972 following the enactment of the Automotive Repair Act (Act) pursuant to Senate Bill (SB) 51 (Beilenson), Chapter 1578, Statutes of 1971. The Act authorized the Bureau to regulate the automotive repair industry in California and mandated among other things that automotive repair dealers (ARD) be registered by the Bureau and subject to specific requirements such as providing customers with written estimates that must be authorized by the customer prior to performing any work on the vehicle and invoices for the repairs performed. In 1984, the Bureau implemented a vehicle emissions inspection and maintenance (Smog Check) program, pursuant to SB 33 (Presley), Chapter 892, Statutes of 1982. The program is administered by the Bureau in consultation with the Department of Motor Vehicles (DMV) and the California Air Resources Board (CARB), with the Bureau being responsible for licensing Smog Check stations, inspectors, and technicians. The Bureau also administers financial assistance programs that make repairing or retiring high polluting vehicles more affordable for Californians. Today the Bureau issues eleven license, registration, and certificate types. As of fiscal year (FY) 2021- 22, the Bureau is responsible for overseeing 34,093 registered ARDs, of which 6,397 are licensed Smog Check stations and 1,577 are licensed brake and lamp stations, as well 20,773 Smog Check inspectors, repair technicians, and brake and lamp adjusters.
The Bureau is currently authorized to conduct investigations and discipline licensees— including by issuing citations and, in some cases, fines—who violate the Act and related regulations. Information on citations issued by the Bureau is posted on the Bureau’s website. AB 471 (Low), Chapter 372, Statutes of 2021, authorized the Bureau to establish a remedial training program for ARDs. Under the program, licensees who commit minor violations that do not constitute fraud such as insufficient recordkeeping may, until July 1, 2026, be allowed to take a remedial training course in lieu of having their citation disclosed on the Bureau’s website. This bill states any employee of the automotive repair dealer who was involved in the violation resulting in the Bureau’s issuance of the citation also may be required by the Bureau to attend remedial training with the automotive repair dealer to prevent nondisclosure of the citation.
Existing law requires all towing and storage fees resulting from an accident or recovery of a stolen vehicle to be reasonable. If a claimant’s automobile insurance policy includes coverage for ordinary and reasonable towing and storing charges then the insurer is responsible for paying the towing and storage charges resulting from an accident or the recovery of the vehicle if it was stolen. The insurer may pay the ARD directly or the insured or on behalf of the insured to the claimant (if the claimant was not the at-fault party). Some stakeholders have suggested that insurance companies have delayed vehicle inspections and/or removal of total-loss vehicles from the ARD, resulting in hefty storage fees. However, the Bureau does not have any authority over insurance companies. This bill would authorize the Bureau to develop regulations to clarify its authority to regulate storage fees charged by automotive repair dealers.
In an effort to curb unlicensed activity, the Bureau adopted regulations in 2017 requiring mobile ARDs to include specific identifying information in all advertisements and on mobile ARD vehicles. Although the regulations have made it easier for consumers to identify and verify a mobile ARD’s license before hire and for the Bureau to detect unlicensed activity, the Bureau reports that online advertising by unlicensed automotive repair referral businesses is a new issue. Automotive repair referral businesses, which refer customers to licensed ARDs in exchange for a portion of the repair costs, are not subject to oversight by the Bureau. This bill would amend the definition of “automotive repair dealer” to include a person who, for compensation, collects compensation for the automotive repair services that are referred or sublet to someone other than the dealer or their employees. This change will bring online automotive repair referral businesses under the regulatory oversight of the Bureau.
Of the approximately 10 million Smog Check inspections performed annually in California, just seven percent are of model year (MY) 1995 and older vehicles. As the population of MY 1995 and older vehicles requiring inspection declines, the cost of maintaining the necessary equipment (the BAR-97 Emissions Inspection System) and inspecting MY 1995 and older vehicles continues to increase. In 2013, the Bureau established the STAR program, a voluntary certification for Smog Check stations that meet inspection-based performance standards and maintain equipment to test all vehicles. In response to the aforementioned cost pressures and the declining number of Smog Check stations offering inspections of MY 1995 and older vehicles, BAR currently requires all MY 1976 to 1999 vehicles to be inspected at STAR-certified stations. Even so, on average, over 90 percent of STAR-certified stations perform one or less inspection on MY 1995 or older vehicles each day. This bill would authorize the Bureau to establish a centralized testing network that would be established through a competitively bid contract. Each centralized testing facility would maintain the BAR-97 inspection equipment required to inspect MY 1995 and older vehicles and inspection fees collected from consumers would pay for the testing sites and necessary staff to implement the program.
Pursuant to AB 2289 (Eng, Chapter 258, Statutes of 2010), the Bureau, in cooperation with the California Air Resources Board, is required to annually evaluate the Smog Check Program and the performance of Smog Check stations and report its findings in the Smog Check Performance Report. The Bureau reports that the annual reporting requirement is challenging because vehicles subject to the Smog Check program are only required to be inspected every other year. Therefore, it takes two years for all vehicles to be tested. This bill would require the Bureau to analyze and report data pertaining to the Smog Check Program biennially instead of annually.
During the COVID-19 pandemic, the Bureau received requests from consumers to waive the biennial Smog Check requirement. The Bureau, unable to waive the requirement, allowed consumers facing a hardship due to the State of Emergency to have a free Smog Check performed by a Bureau Referee. This bill would allow BAR to waive the biennial requirement for a Smog Check Inspection. This bill would also state that upon application to the Bureau by an individual vehicle owner and receipt of documentation demonstrating a significant risk to the health or safety, or both, of the applicant, the Bureau may temporarily waive the requirements as defined if the waiver is required to ensure the health or safety, or both, of the vehicle owner who is impacted by a declared local, state, or federal emergency.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Committee on Appropriations, the 2023-24 Budget Act provides approximately $213.25 million (Vehicle Inspection and Repair Fund, High Polluter Repair or Removal Account, and Enhanced Fleet Modernization Subaccount) and 610.4 positions to support the continued operation of BAR’s licensing and enforcement activities. Additionally, BAR reports minor and absorbable costs to develop regulations for various provisions of the bill related to storage fees charged by automotive repair dealers (ARDs), and online automotive repair referral businesses.
SUPPORT: (Verified 9/7/23)
Automotive Service Council of California
California Autobody Association
California Automotive Business Coalition
Personal Insurance Federation of California
Specialty Equipment Market Association
OPPOSITION: (Verified 9/7/23)
None received
ARGUMENTS IN SUPPORT: Supporters generally say that this bill will provide the necessary updates and technical changes for BAR’s overall operation and functioning.
ASSEMBLY FLOOR: 79-0, 5/30/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Essayli
Prepared by: Dana Shaker / B., P. & E.D. /
9/8/23 16:25:33
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1263 |
THIRD READING
Bill No: AB 1263
Author: Berman (D), et al.
Amended: 7/11/23 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 7/10/23
AYES: Roth, Nguyen, Alvarado-Gil, Archuleta, Ashby, Becker, Dodd, Eggman, Glazer, Smallwood-Cuevas, Wahab, Wilk
NO VOTE RECORDED: Niello
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 79-0, 5/30/23 - See last page for vote
SUBJECT: Vehicles: Bureau of Automotive Repair: smog check program
SOURCE: Author
DIGEST:
This bill makes various changes to the operations of the Bureau of Automotive Repair (BAR or the Bureau).
ANALYSIS:
Existing law:
- Regulates the business of automotive repair under the Automotive Repair Act (Act). (Business and Professions Code (BPC) §§ 9880-9889.68)
- Establishes the BAR within the Department of Consumer Affairs (DCA), places the BAR under the supervision and control of the director of the DCA, and vests the duty of enforcing and administering the Act in the BAR’s bureau chief. (BPC § 9882)
- Defines “automotive repair dealer” (ARD) as a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. (BPC § 9880.1(a))
- Makes it unlawful for any person to be an ARD unless that person is currently registered with the BAR. (BPC § 9884.6)
- Authorizes the BAR to deny, suspend, revoke, or place on probation an ARD’s registration for specified acts or omissions, including failure to comply with the Act, negligence, and fraudulent conduct. (BPC § 9884.7)
- Makes any person who fails to comply with the provisions of the Act guilty of a misdemeanor and punishable by a fine not exceeding $1,000, or by imprisonment not exceeding six months, or by both that fine and imprisonment, except as specified. (BPC § 9889.21)
- Establishes the Motor Vehicle Inspection Program for the purpose of meeting or exceeding air quality standards set by the federal Clean Air Act in 1990. (Health and Safety Code (HSC) § 44000-44299.91)
- Prohibits a person from performing, for compensation, tests or repairs of emission control devices or systems of motor vehicles unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. (HSC § 44032)
- Requires DCA to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. (HSC § 44072.10)
This bill makes various changes to the operations of BAR and extends BAR’s sunset date to January 1, 2028.
Background
In early 2023, the Senate Business, Professions and Economic Development Committee and the Assembly Committee on Business and Professions (Committees) began their comprehensive sunset review oversight of eight regulatory entities including the Bureau. The Committees conducted two oversight hearings in March of this year. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees, and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
BAR was established within DCA in 1972 following the enactment of the Act pursuant to SB 51 (Beilenson, Chapter 1578, Statutes of 1971). The Act authorized the Bureau to regulate the automotive repair industry in California and mandated among other things that ARDs be registered by the Bureau and subject to specific requirements such as providing customers with written estimates that must be authorized by the customer prior to performing any work on the vehicle and invoices for the repairs performed. In 1984, the Bureau implemented a vehicle emissions inspection and maintenance (Smog Check) program, pursuant to SB 33 (Presley, Chapter 892, Statutes of 1982). The program is administered by the Bureau in consultation with the Department of Motor Vehicles (DMV) and the California Air Resources Board (CARB), with the Bureau being responsible for licensing Smog Check stations, inspectors, and technicians. The Bureau also administers financial assistance programs that make repairing or retiring high polluting vehicles more affordable for Californians. Today the Bureau issues eleven license, registration, and certificate types. As of fiscal year (FY) 2021- 22, the Bureau is responsible for overseeing 34,093 registered ARDs, of which 6,397 are licensed Smog Check stations and 1,577 are licensed brake and lamp stations, as well 20,773 Smog Check inspectors, repair technicians, and brake and lamp adjusters.
The Bureau is currently authorized to conduct investigations and discipline licensees— including by issuing citations and, in some cases, fines—who violate the Act and related regulations. Information on citations issued by the Bureau is posted on the Bureau’s website. AB 471 (Low, Chapter 372, Statutes of 2021) authorized the Bureau to establish a remedial training program for ARDs. Under the program, licensees who commit minor violations that do not constitute fraud such as insufficient recordkeeping may, until July 1, 2026, be allowed to take a remedial training course in lieu of having their citation disclosed on the Bureau’s website. This bill states any employee of the ARD who was involved in the violation resulting in the Bureau’s issuance of the citation also may be required by the Bureau to attend remedial training with the automotive repair dealer to prevent nondisclosure of the citation.
Existing law requires all towing and storage fees resulting from an accident or recovery of a stolen vehicle to be reasonable. If a claimant’s automobile insurance policy includes coverage for ordinary and reasonable towing and storing charges then the insurer is responsible for paying the towing and storage charges resulting from an accident or the recovery of the vehicle if it was stolen. The insurer may pay the ARD directly or the insured or on behalf of the insured to the claimant (if the claimant was not the at-fault party). Some stakeholders have suggested that insurance companies have delayed vehicle inspections and/or removal of total-loss vehicles from the ARD, resulting in hefty storage fees. However, the Bureau does not have any authority over insurance companies. This bill authorizes the Bureau to develop regulations to clarify its authority to regulate storage fees charged by ARDs.
In an effort to curb unlicensed activity, the Bureau adopted regulations in 2017 requiring mobile ARDs to include specific identifying information in all advertisements and on mobile ARD vehicles. Although the regulations have made it easier for consumers to identify and verify a mobile ARD’s license before hire and for the Bureau to detect unlicensed activity, the Bureau reports that online advertising by unlicensed automotive repair referral businesses is a new issue. Automotive repair referral businesses, which refer customers to licensed ARDs in exchange for a portion of the repair costs, are not subject to oversight by the Bureau. This bill amends the definition of “automotive repair dealer” to include a person who, for compensation, collects compensation for the automotive repair services that are referred or sublet to someone other than the dealer or their employees. This change will bring online automotive repair referral businesses under the regulatory oversight of the Bureau.
Of the approximately 10 million Smog Check inspections performed annually in California, just seven percent are of model year (MY) 1995 and older vehicles. As the population of MY 1995 and older vehicles requiring inspection declines, the cost of maintaining the necessary equipment (the BAR-97 Emissions Inspection System) and inspecting MY 1995 and older vehicles continues to increase. In 2013, the Bureau established the STAR program, a voluntary certification for Smog Check stations that meet inspection-based performance standards and maintain equipment to test all vehicles. In response to the aforementioned cost pressures and the declining number of Smog Check stations offering inspections of MY 1995 and older vehicles, BAR currently requires all MY 1976 to 1999 vehicles to be inspected at STAR-certified stations. Even so, on average, over 90 percent of STAR-certified stations perform one or less inspection on MY 1995 or older vehicles each day. This bill authorizes the Bureau to establish a centralized testing network that would be established through a competitively bid contract. Each centralized testing facility would maintain the BAR-97 inspection equipment required to inspect MY 1995 and older vehicles and inspection fees collected from consumers would pay for the testing sites and necessary staff to implement the program.
Pursuant to AB 2289 (Eng, Chapter 258, Statutes of 2010), the Bureau, in cooperation with the California Air Resources Board, is required to annually evaluate the Smog Check Program and the performance of Smog Check stations and report its findings in the Smog Check Performance Report. The Bureau reports that the annual reporting requirement is challenging because vehicles subject to the Smog Check program are only required to be inspected every other year. Therefore, it takes two years for all vehicles to be tested. This bill requires the Bureau to analyze and report data pertaining to the Smog Check Program biennially instead of annually.
During the COVID-19 pandemic, the Bureau received requests from consumers to waive the biennial Smog Check requirement. The Bureau, unable to waive the requirement, allowed consumers facing a hardship due to the State of Emergency to have a free Smog Check performed by a Bureau Referee. This bill allows BAR to waive the biennial requirement for a Smog Check Inspection. This bill also states that upon application to the Bureau by an individual vehicle owner and receipt of documentation demonstrating a significant risk to the health or safety, or both, of the applicant, the Bureau may temporarily waive the requirements as defined if the waiver is required to ensure the health or safety, or both, of the vehicle owner who is impacted by a declared local, state, or federal emergency.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, the 2023-24 Budget Act provides approximately $213.25 million (Vehicle Inspection and Repair Fund, High Polluter Repair or Removal Account, and Enhanced Fleet Modernization Subaccount) and 610.4 positions to support the continued operation of BAR’s licensing and enforcement activities. Additionally, BAR reports minor and absorbable costs to develop regulations for various provisions of this bill related to storage fees charged by ARDs, and online automotive repair referral businesses.
SUPPORT: (Verified 9/1/23)
Automotive Service Council of California
California Autobody Association
California Automotive Business Coalition
Personal Insurance Federation of California
Specialty Equipment Market Association
OPPOSITION: (Verified 9/1/23)
None received
ARGUMENTS IN SUPPORT: Supporters generally say that this bill will provide the necessary updates and technical changes for BAR’s overall operation and functioning.
ASSEMBLY FLOOR: 79-0, 5/30/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Essayli
Prepared by: Dana Shaker / B., P. & E.D. /
9/2/23 15:01:43
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1263 (Berman) - Vehicles: Bureau of Automotive Repair: smog check program
Version: July 11, 2023 | Policy Vote: B., P. & E.D. 12 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 14, 2023 | Consultant: Janelle Miyashiro |
Bill Summary:
AB 1263 extends the operation of the Bureau of Automotive Repair (BAR) to January 1, 2028 and makes changes recommended during the joint sunset review of BAR, as specified.
Fiscal Impact:
The 2023-24 Budget Act provides approximately $213.25 million (Vehicle Inspection and Repair Fund, High Polluter Repair or Removal Account, and Enhanced Fleet Modernization Subaccount) and 610.4 positions to support the continued operation of BAR’s licensing and enforcement activities.
BAR reports minor and absorbable costs to develop regulations for various provisions of the bill related to storage fees charged by automotive repair dealers (ARDs), and online automotive repair referral businesses.
Background:
BAR was established within the Department of Consumer Affairs (DCA) in 1972 following the enactment of the Automotive Repair Act pursuant to SB 51 (Beilenson, Chapter 1578, Statutes of 1971). The Act authorized the BAR to regulate the automotive repair industry in California and mandated among other things that ARDs be registered by BAR and be subject to specific requirements such as providing customers with written estimates that must be authorized by the customer prior to performing any work on the vehicle and invoices for the repairs performed.
In 1984, BAR implemented a vehicle emissions inspection and maintenance (Smog Check) program, pursuant to SB 33 (Presley, Chapter 892, Statutes of 1982). The program is administered by BAR in consultation with the Department of Motor Vehicles (DMV) and the California Air Resources Board (CARB), with BAR being responsible for licensing Smog Check stations, inspectors, and technicians. BAR also administers financial assistance programs that make repairing or retiring high polluting vehicles more affordable for Californians.
Today BAR issues eleven license, registration, and certificate types. As of fiscal year (FY) 2021- 22, BAR is responsible for overseeing 34,093 registered ARDs, of which 6,397 are licensed Smog Check stations and 1,577 are licensed brake and lamp stations, as well 20,773 Smog Check inspectors, repair technicians, and brake and lamp adjusters.
BAR mediates consumer complaints, investigates violations of the Act and related laws and regulations, and takes disciplinary action against registrants and licensees as authorized.
The Bureau provides numerous services to protect consumers and the environment, including:
- Licensing ARDs; Smog Check stations, repair technicians, and Inspectors; and brake and lamp stations and adjusters. Pursuant to AB 471 (Low, Chapter 372, Statutes of 2021), vehicle safety systems licenses will replace lamp and brake licenses, effective January 1, 2024.
- Mediating automotive repair complaints, saving consumers millions of dollars each year in the form of direct refunds, rework, and bill adjustments.
- Investigating and taking disciplinary action against licensees who violate the law.
- Performing no-cost inspections of collision-related repairs to help ensure the safety of consumers and their vehicles.
- Administering and enforcing the Smog Check Program, which helps keep California’s air clean by reducing air pollution produced by motor vehicles.
Proposed Law:
- Extends BAR’s sunset date to January 1, 2028.
- Amends the requirement that BAR must disclose information on its licensees including automotive repair dealers smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
- Authorizes BAR to develop regulations to clarify its authority to regulate vehicle towing or storage fees charged by automotive repair dealers.
- Amends the definition of “automotive repair dealer” to include a person who, for compensation, collects compensation for the automotive repair services that are referred or sublet to someone other than the dealer or their employees.
- Requires the Bureau to analyze and report data pertaining to the Smog Check Program biennially instead of annually.
- Makes various changes related to the Smog Check Inspection program.
- Requires any employee of the automotive repair dealer who was involved in the violation resulting in BAR’s issuance of the citation also may be required by BAR to attend remedial training with the automotive repair dealer to prevent nondisclosure of the citation.
- Defines “qualified smog check technician” to refer to either a smog check repair technician or smog check inspector, or both.
- Requires a salvage vehicle rebuilder, when selling a total loss salvage vehicle, including a revived salvage loss vehicle, to provide the purchaser with a valid vehicle safety systems certificate of compliance issued as defined prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
- Makes numerous technical, clarifying, and conforming changes.
- States legislative findings and declarations related to the BAR Advisory Group.
Related Legislation:
SB 812 (Roth, 2023) is the California Tax Education Council sunset bill. SB 812 is pending in Assembly Appropriations Committee.
SB 813 (Roth, 2023) is the Structural Pest Control Board sunset bill. SB 813 is pending in Assembly Appropriations Committee.
SB 814 (Roth, 2023) is the Bureau of Household Goods and Services sunset bill. SB 814 is pending in Assembly Appropriations Committee.
SB 815 (Roth, 2023) is the Medical Board of California sunset bill. SB 815 is pending in Assembly Appropriations Committee.
AB 1257 (Berman, 2023) is the Dental Hygiene Board of California sunset bill. AB 1257 is pending in this committee.
AB 1262 (Berman, 2023) is the Professional Fiduciaries Bureau sunset bill. AB 1262 is pending in this committee.
AB 1264 (Berman, 2023) is the California Acupuncture Board sunset bill. AB 1264 is pending in this committee.
Staff Comments:
The boards and bureaus within the DCA are special fund agencies whose activities are funded by regulatory and license fees and generally receive no support from the General Fund. New legislative mandates, even those modest in scope, may in totality create new cost pressures and impact the entity’s operating costs, future budget requests, or license fees.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1263 (Berman) - Vehicles: Bureau of Automotive Repair: smog check program
Version: July 11, 2023 | Policy Vote: B., P. & E.D. 12 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 14, 2023 | Consultant: Janelle Miyashiro |
Bill Summary:
AB 1263 extends the operation of the Bureau of Automotive Repair (BAR) to January 1, 2028 and makes changes recommended during the joint sunset review of BAR, as specified.
Fiscal Impact:
The 2023-24 Budget Act provides approximately $213.25 million (Vehicle Inspection and Repair Fund, High Polluter Repair or Removal Account, and Enhanced Fleet Modernization Subaccount) and 610.4 positions to support the continued operation of BAR’s licensing and enforcement activities.
BAR reports minor and absorbable costs to develop regulations for various provisions of the bill related to storage fees charged by automotive repair dealers (ARDs), and online automotive repair referral businesses.
Background:
BAR was established within the Department of Consumer Affairs (DCA) in 1972 following the enactment of the Automotive Repair Act pursuant to SB 51 (Beilenson, Chapter 1578, Statutes of 1971). The Act authorized the BAR to regulate the automotive repair industry in California and mandated among other things that ARDs be registered by BAR and be subject to specific requirements such as providing customers with written estimates that must be authorized by the customer prior to performing any work on the vehicle and invoices for the repairs performed.
In 1984, BAR implemented a vehicle emissions inspection and maintenance (Smog Check) program, pursuant to SB 33 (Presley, Chapter 892, Statutes of 1982). The program is administered by BAR in consultation with the Department of Motor Vehicles (DMV) and the California Air Resources Board (CARB), with BAR being responsible for licensing Smog Check stations, inspectors, and technicians. BAR also administers financial assistance programs that make repairing or retiring high polluting vehicles more affordable for Californians.
Today BAR issues eleven license, registration, and certificate types. As of fiscal year (FY) 2021- 22, BAR is responsible for overseeing 34,093 registered ARDs, of which 6,397 are licensed Smog Check stations and 1,577 are licensed brake and lamp stations, as well 20,773 Smog Check inspectors, repair technicians, and brake and lamp adjusters.
BAR mediates consumer complaints, investigates violations of the Act and related laws and regulations, and takes disciplinary action against registrants and licensees as authorized.
The Bureau provides numerous services to protect consumers and the environment, including:
- Licensing ARDs; Smog Check stations, repair technicians, and Inspectors; and brake and lamp stations and adjusters. Pursuant to AB 471 (Low, Chapter 372, Statutes of 2021), vehicle safety systems licenses will replace lamp and brake licenses, effective January 1, 2024.
- Mediating automotive repair complaints, saving consumers millions of dollars each year in the form of direct refunds, rework, and bill adjustments.
- Investigating and taking disciplinary action against licensees who violate the law.
- Performing no-cost inspections of collision-related repairs to help ensure the safety of consumers and their vehicles.
- Administering and enforcing the Smog Check Program, which helps keep California’s air clean by reducing air pollution produced by motor vehicles.
Proposed Law:
- Extends BAR’s sunset date to January 1, 2028.
- Amends the requirement that BAR must disclose information on its licensees including automotive repair dealers smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
- Authorizes BAR to develop regulations to clarify its authority to regulate vehicle towing or storage fees charged by automotive repair dealers.
- Amends the definition of “automotive repair dealer” to include a person who, for compensation, collects compensation for the automotive repair services that are referred or sublet to someone other than the dealer or their employees.
- Requires the Bureau to analyze and report data pertaining to the Smog Check Program biennially instead of annually.
- Makes various changes related to the Smog Check Inspection program.
- Requires any employee of the automotive repair dealer who was involved in the violation resulting in BAR’s issuance of the citation also may be required by BAR to attend remedial training with the automotive repair dealer to prevent nondisclosure of the citation.
- Defines “qualified smog check technician” to refer to either a smog check repair technician or smog check inspector, or both.
- Requires a salvage vehicle rebuilder, when selling a total loss salvage vehicle, including a revived salvage loss vehicle, to provide the purchaser with a valid vehicle safety systems certificate of compliance issued as defined prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
- Makes numerous technical, clarifying, and conforming changes.
- States legislative findings and declarations related to the BAR Advisory Group.
Related Legislation:
SB 812 (Roth, 2023) is the California Tax Education Council sunset bill. SB 812 is pending in Assembly Appropriations Committee.
SB 813 (Roth, 2023) is the Structural Pest Control Board sunset bill. SB 813 is pending in Assembly Appropriations Committee.
SB 814 (Roth, 2023) is the Bureau of Household Goods and Services sunset bill. SB 814 is pending in Assembly Appropriations Committee.
SB 815 (Roth, 2023) is the Medical Board of California sunset bill. SB 815 is pending in Assembly Appropriations Committee.
AB 1257 (Berman, 2023) is the Dental Hygiene Board of California sunset bill. AB 1257 is pending in this committee.
AB 1262 (Berman, 2023) is the Professional Fiduciaries Bureau sunset bill. AB 1262 is pending in this committee.
AB 1264 (Berman, 2023) is the California Acupuncture Board sunset bill. AB 1264 is pending in this committee.
Staff Comments:
The boards and bureaus within the DCA are special fund agencies whose activities are funded by regulatory and license fees and generally receive no support from the General Fund. New legislative mandates, even those modest in scope, may in totality create new cost pressures and impact the entity’s operating costs, future budget requests, or license fees.
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SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Richard Roth, Chair
2023 - 2024 Regular
Bill No: AB 1263 Hearing Date: July 10, 2023
Author: | Committee on Business and Professions | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Vehicles: Bureau of Automotive Repair: smog check program
SUMMARY:
Makes various changes to the operations of the Bureau of Automotive Repair (BAR or the Bureau).
Existing law:
- Regulates the business of automotive repair under the Automotive Repair Act (Act). (Business and Professions Code (BPC) §§ 9880-9889.68)
- Establishes the BAR within the Department of Consumer Affairs (DCA), places the BAR under the supervision and control of the director of the DCA, and vests the duty of enforcing and administering the Act in the BAR’s bureau chief. (BPC § 9882)
- Defines “automotive repair dealer” (ARD) as a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. (BPC § 9880.1(a))
- Specifies that a person required to have a valid ARD registration shall not have the benefit of any lien for labor or materials, including the ability to charge storage fees in accordance with applicable laws, or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration. (BPC § 9884.16)
- Makes it unlawful for any person to be an ARD unless that person is currently registered with the BAR. (BPC § 9884.6)
- Authorizes the BAR to deny, suspend, revoke, or place on probation an ARD’s registration for specified acts or omissions, including failure to comply with the Act, negligence, and fraudulent conduct. (BPC § 9884.7)
- Authorizes the BAR to investigate violations of the Act, requires the BAR to establish procedures for accepting complaints from the public, and authorizes the BAR to mediate complaints between consumers and ARDs. (BPC § 9882.5)
- Makes any person who fails to comply with the provisions of the Act guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding six months, or by both that fine and imprisonment, except as specified. (BPC § 9889.21)
- Authorizes the BAR to file charges with the district attorney or city attorney against an ARD who violates the provisions of the Act or the BAR’s regulations. (BPC § 9884.15)
- Establishes the Motor Vehicle Inspection Program for the purpose of meeting or exceeding air quality standards set by the federal Clean Air Act in 1990. (Health and Safety Code (HSC) § 44000-44299.91)
- Requires all motor vehicles powered by internal combustion engines that are registered within an area designated for Motor Vehicle Inspection Program coverage to be required biennially to obtain a certificate of compliance or noncompliance, unless exempt, as specified. (HSC § 44011(a))
- Requires DCA, in cooperation with the California Air Resources Board (CARB), to perform analyses of data collected pursuant to Motor Vehicle Inspection Program and report the results to the public annually. (HSC § 44024.5(b))
- Prohibits a person from performing, for compensation, tests or repairs of emission control devices or systems of motor vehicles unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. (HSC § 44032)
- Requires DCA to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. (HSC § 44072.10)
This bill:
- Amends the requirement that BAR must disclose information on its licensees including automotive repair dealers smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
- Authorizes the Bureau to develop regulations to clarify its authority to regulate storage fees charged by automotive repair dealers.
- Amends the definition of “automotive repair dealer” to include a person who, for compensation, collects compensation for the automotive repair services that are referred or sublet to someone other than the dealer or their employees.
- Requires the Bureau to analyze and report data pertaining to the Smog Check Program biennially instead of annually.
- Allows BAR to waive the biennial requirement for a Smog Check Inspection.
- Requires any employee of the automotive repair dealer who was involved in the violation resulting in the Bureau’s issuance of the citation also may be required by the Bureau to attend remedial training with the automotive repair dealer to prevent nondisclosure of the citation.
- Defines “qualified smog check technician” to refer to either a smog check repair technician or smog check inspector, or both.
- States that upon application to the Bureau by an individual vehicle owner and receipt of documentation demonstrating a significant risk to the health or safety, or both, of the applicant, the Bureau may temporarily waive the requirements as defined if the waiver is required to ensure the health or safety, or both, of the vehicle owner who is impacted by a declared local, state, or federal emergency.
- States a salvage vehicle rebuilder, when selling a total loss salvage vehicle, including a revived salvage loss vehicle, will provide the purchaser with a valid vehicle safety systems certificate of compliance issued as defined prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
- Makes numerous technical, clarifying, and conforming changes.
- Finds and declares the following:
- BAR established the BAR Advisory Group to increase the level of communication between the bureau, the automotive repair industry, education providers, consumers, and other stakeholders. The advisory group meets quarterly to provide input to the chief on bureau and other state regulatory programs.
- It is the intent of the Legislature that the bureau continues to maintain a group of volunteer representatives to advise the bureau on regulatory issues and programs affecting the automotive repair industry.
- Extends BAR’s sunset date to January 1, 2028.
FISCAL EFFECT:
This bill is keyed fiscal by Legislative Counsel. According to the Assembly Committee on Appropriations, the bill will not result in new state costs and ongoing special funds costs of approximately $253 million annually supporting 610 positions to extend sunset date of the Bureau until January 1, 2028.
COMMENTS:
- Purpose. The Author is the Sponsor of this bill. This bill is a result of the joint committee sunset review process.
- Oversight Hearings and Sunset Review of Licensing Boards and Programs. In early 2023, the Senate Business, Professions and Economic Development Committee and the Assembly Committee on Business and Professions (Committees) began their comprehensive sunset review oversight of 8 regulatory entities including the Bureau. The Committees conducted two oversight hearings in March of this year. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees, and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
- Background on the Bureau of Automotive Repair. BAR was established within the California Department of Consumer Affairs (DCA) in 1972 following the enactment of the Automotive Repair Act (Act) pursuant to Senate Bill (SB) 51 (Beilenson), Chapter 1578, Statutes of 1971. The Act authorized the Bureau to regulate the automotive repair industry in California and mandated among other things that automotive repair dealers (ARD) be registered by the Bureau and subject to specific requirements such as providing customers with written estimates that must be authorized by the customer prior to performing any work on the vehicle and invoices for the repairs performed.
In 1984, the Bureau implemented a vehicle emissions inspection and maintenance (Smog Check) program, pursuant to SB 33 (Presley), Chapter 892, Statutes of 1982. The program is administered by the Bureau in consultation with the Department of Motor Vehicles (DMV) and the California Air Resources Board (CARB), with the Bureau being responsible for licensing Smog Check stations, inspectors, and technicians. The Bureau also administers financial assistance programs that make repairing or retiring high polluting vehicles more affordable for Californians.
Today the Bureau issues eleven license, registration, and certificate types. As of fiscal year (FY) 2021- 22, the Bureau is responsible for overseeing 34,093 registered ARDs, of which 6,397 are licensed Smog Check stations and 1,577 are licensed brake and lamp stations, as well 20,773 Smog Check inspectors, repair technicians, and brake and lamp adjusters.
The Bureau mediates consumer complaints, investigates violations of the Act and related laws and regulations, and takes disciplinary action against registrants and licensees as authorized.
The Bureau provides numerous services to protect consumers and the environment, including:
- Licensing ARDs; Smog Check stations, repair technicians, and Inspectors; and brake and lamp stations and adjusters. Pursuant to AB 471 (Low, Chapter 372, Statutes of 2021), vehicle safety systems licenses will replace lamp and brake licenses, effective January 1, 2024.
- Mediating automotive repair complaints, saving consumers millions of dollars each year in the form of direct refunds, rework, and bill adjustments.
- Investigating and taking disciplinary action against licensees who violate the law.
- Performing no-cost inspections of collision-related repairs to help ensure the safety of consumers and their vehicles.
- Administering and enforcing the Smog Check Program, which helps keep California’s air clean by reducing air pollution produced by motor vehicles.
- Review of BAR. BAR was last reviewed as part of the sunset review program in 2018. Due to the constraints of the COVID-19 pandemic on legislative business, the legislature extended the BAR’s sunset date by one year, in order to allow for a comprehensive review. The following are some of the issues pertaining to the BAR along with background information concerning particular issues. Recommendations noted by Committee staff regarding the particular issue areas that needed to be addressed include the following:
- Sunset Issue # 5: Automotive Repair Service Writers.
Background.
The Bureau is currently authorized to conduct investigations and discipline licensees— including by issuing citations and, in some cases, fines—who violate the Act and related regulations. Information on citations issued by the Bureau is posted on the Bureau’s website. AB 471 (Low), Chapter 372, Statutes of 2021, authorized the Bureau to establish a remedial training program for ARDs. Under the program, licensees who commit minor violations that do not constitute fraud such as insufficient recordkeeping may, until July 1, 2026, be allowed to take a remedial training course in lieu of having their citation disclosed on the Bureau’s website. A licensee would be ineligible if they had taken a remedial training course in the prior 18 months or the citation was for fraud. Industry representatives have expressed concerns that the Bureau’s proposed regulations to implement AB 471 require the owner or managing employee of an automotive repair business to take the remedial training even when the violation is committed by a service writer. Whereas owners and managing employees must be listed on the business license application, service writers are not listed and are not required to be licensed by the Bureau. However, while owners and managing employees may not have any direct interaction with customers, service writers engage with customers regularly by providing estimates, obtaining customer authorization, and furnishing invoices for repair services. Consequently, some industry representatives have opined that service writers should be subject to more oversight by the Bureau or, at the very least, be designated by the owner or managing employee to attend remedial training when the service writer commits a violation for which remedial training is a remedy.
Recommendation and Proposed Statutory Change. The Bureau should notify the Committees of the pros and cons of subjecting service writers to increased scrutiny by the Bureau and, if statutory changes would be necessary, provide recommended language to the Committees for consideration. This bill states any employee of the automotive repair dealer who was involved in the violation resulting in the Bureau’s issuance of the citation also may be required by the Bureau to attend remedial training with the automotive repair dealer to prevent nondisclosure of the citation.
- Sunset Issue # 7: Storage Fees and Insurer Referrals.
Background.
Existing law requires all towing and storage fees resulting from an accident or recovery of a stolen vehicle to be reasonable. Towing and storage fees are considered reasonable if they do not exceed the fees and rates charged for similar services provided upon the request of the California Highway Patrol or local police department. Storage rates and fees are also considered reasonable if they are comparable to the storage fees charged by other businesses in the area. Administrative or filing fees (with exception), security fees, dolly fees, load and unload fees, pull-out fees, and gate fees, except when the owner or insurer of the vehicle requests that the vehicle be released outside of regular business hours, are presumptively unreasonable. If a claimant’s automobile insurance policy includes coverage for ordinary and reasonable towing and storing charges then the insurer is responsible for paying the towing and storage charges resulting from an accident or the recovery of the vehicle if it was stolen. The insurer may pay the ARD directly or the insured or on behalf of the insured to the claimant (if the claimant was not the at-fault party). In January 2022, the Bureau created a specific email account for insurance companies to notify the Bureau when they believe an ARD is charging unreasonable or excessive storages fees. As of February 14, 2023, the Bureau has received over 290 referrals, with a majority resulting from a dispute between the insurer, ARD, and or/the customer due to a misunderstanding or lack of communication. Upon referral, the Bureau helps negotiate a fair resolution for all parties in an expedient manner. Similarly, ARDs can file complaints with the California Department of Insurance if they have an issue with an insurance company. Some stakeholders have suggested that insurance companies have delayed vehicle inspections and/or removal of total-loss vehicles from the ARD, resulting in hefty storage fees. However, the Bureau does not have any authority over insurance companies. Moreover, the Bureau only has authority to enforce laws in the Business and Professions Code and therefore, cannot enforce the provisions of law related to the reasonableness of towing and storage fees, which are located in the Vehicle Code (unless there is also a violation of the Business and Professions Code). Although the Bureau currently has limited oversight over storage fees, it has covered the topic in its newsletters and at several public meetings and workshops. The Bureau has stated new oversight may be warranted to improve consumer protections.
Recommendation and Proposed Statutory Change. The Bureau should continue to educate ARDs about the reasonableness of storage rates and identify opportunities to improve communication between parties. Additionally, the Bureau, California Department of Insurance, and the Committees may wish to consider possibilities for expanding oversight over towing and storage fees. This bill would authorize the Bureau to develop regulations to clarify its authority to regulate storage fees charged by automotive repair dealers.
- Sunset Issue # 10: Online Automotive Repair Referral Businesses.
Background. In an effort to curb unlicensed activity, the Bureau adopted regulations in 2017 requiring mobile ARDs to include specific identifying information in all advertisements and on mobile ARD vehicles. Although the regulations have made it easier for consumers to identify and verify a mobile ARD’s license before hire and for the Bureau to detect unlicensed activity, the Bureau reports that online advertising by unlicensed automotive repair referral businesses is a new issue. Automotive repair referral businesses, which refer customers to licensed ARDs in exchange for a portion of the repair costs, are not subject to oversight by the Bureau. The Bureau reports that consumers often do not know whom they are authorizing to repair their vehicle.
Recommendation and Proposed Statutory Change. The Bureau should provide the Committees with data indicating the prevalence of online advertising by unlicensed automotive repair referral businesses. If statutory changes are necessary, the Bureau should provide language for inclusion in the Bureau’s sunset bill. This bill would amend the definition of “automotive repair dealer” to include a person who, for compensation, collects compensation for the automotive repair services that are referred or sublet to someone other than the dealer or their employees. This change will bring online automotive repair referral businesses under the regulatory oversight of the Bureau.
- Sunset Issue # 11: Smog Check Inspection of Model Year 1976-1995 Vehicles.
Background. Of the approximately 10 million Smog Check inspections performed annually in California, just seven percent are of model year (MY) 1995 and older vehicles. As the population of MY 1995 and older vehicles requiring inspection declines, the cost of maintaining the necessary equipment (the BAR-97 Emissions Inspection System) and inspecting MY 1995 and older vehicles continues to increase.
In 2013, the Bureau established the STAR program, a voluntary certification for Smog Check stations that meet inspection-based performance standards and maintain equipment to test all vehicles. In response to the aforementioned cost pressures and the declining number of Smog Check stations offering inspections of MY 1995 and older vehicles, BAR currently requires all MY 1976 to 1999 vehicles to be inspected at STAR-certified stations. Even so, on average, over 90 percent of STAR-certified stations perform one or less inspection on MY 1995 or older vehicles each day.
Recommendation and Proposed Statutory Change. The Bureau should explain to the Committees how such a centralized testing network would differ from the current use of STAR-certified stations. This bill would authorize the Bureau to establish a centralized testing network that would be established through a competitively bid contract. Each centralized testing facility would maintain the BAR-97 inspection equipment required to inspect MY 1995 and older vehicles and inspection fees collected from consumers would pay for the testing sites and necessary staff to implement the program.
- Sunset Issue # 12: Smog Check Performance Reporting.
Background. Pursuant to AB 2289 (Eng), Chapter 258, Statutes of 2010, the Bureau, in cooperation with the California Air Resources Board, is required to annually evaluate the Smog Check Program and the performance of Smog Check stations and report its findings in the Smog Check Performance Report. Specific data is required to be included in the report, including but not limited to the percentage of vehicles that initially passed, or initially failed and then passed, a smog check that later fail a roadside inspection. The Bureau is also required to provide an estimate of the excessive emissions from these vehicles and recommend changes to the program to reduce excess emissions. Excess emissions refers to the “additional benefits that could be realized if all vehicles were inspected at ‘high-performing’ Smog Check stations.” The Bureau reports that the annual reporting requirement is challenging because vehicles subject to the Smog Check program are only required to be inspected every other year. Therefore, it takes two years for all vehicles to be tested. The Bureau notes that a comprehensive evaluation of the Smog Check Program over two years would be a more effective way to assess the effectiveness of the program and recent changes. Moreover, the Bureau’s evaluation of the Smog Check Program is based largely on data collected from the Bureau’s roadside inspection program. However roadside assistance data is arduous and time consuming to collect. Currently half of the data reported in the annual Smog Check Performance Report is duplicative because two years’ worth of roadside data is necessary to curate a statistically significant sample size. The Bureau proposes requiring the Smog Check Performance Report to be completed biennially rather than annually.
Recommendation and Proposed Statutory Change. The Bureau and Committees should identify and consider any disadvantages to requiring Smog Check performance reporting biennially. This bill would require the Bureau to analyze and report data pertaining to the Smog Check Program biennially instead of annually.
- Sunset Issue # 13: COVID-19.
Background. During the COVID-19 pandemic, the Bureau received requests from consumers to waive the biennial Smog Check requirement. The Bureau, unable to waive the requirement, allowed consumers facing a hardship due to the State of Emergency to have a free Smog Check performed by a Bureau Referee. The Bureau reports that it will consider opportunities to issue Smog Check inspection waivers during a future State of Emergency.
Recommendation and Proposed Statutory Change. If a statutory change is required for the Bureau to waive a Smog Check during a State of Emergency then the Bureau should provide the Committees with proposed language for consideration. The Bureau should also identify potential fiscal and environmental impacts. This bill would allow BAR to waive the biennial requirement for a Smog Check Inspection. This bill would also state that upon application to the Bureau by an individual vehicle owner and receipt of documentation demonstrating a significant risk to the health or safety, or both, of the applicant, the Bureau may temporarily waive the requirements as defined if the waiver is required to ensure the health or safety, or both, of the vehicle owner who is impacted by a declared local, state, or federal emergency.
- Sunset Issue # 14: Technical Cleanup.
Background. The Bureau has identified several technical, non-substantive amendments that are necessary in the Business and Professions Code, Health and Safety Code, and Vehicle Code.
Recommendation and Proposed Statutory Change. The Committees should review and consider the Bureau’s recommended amendments and the Bureau should continue to advise the Committees of any additional cleanup amendments for inclusion in the Bureau’s sunset bill. This bill makes numerous technical, clarifying, and conforming changes, including amending the requirement that BAR must disclose information on its licensees including automotive repair dealers smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians; defining “qualified smog check technician” to refer to either a smog check repair technician or smog check inspector, or both; and stating a salvage vehicle rebuilder, when selling a total loss salvage vehicle, including a revived salvage loss vehicle, will provide the purchaser with a valid vehicle safety systems certificate of compliance issued as defined prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
- Sunset Issue # 15: Continued Regulation.
Background. The Bureau’s oversight of the automotive repair industry and administration of vehicle emissions reduction and safety programs are integral to the welfare of California motorists and to meeting California’s ambitious climate goals.
Recommendation and Proposed Statutory Change. The Bureau’s oversight of the automotive repair industry should be continued, with potential reforms, to be reviewed again on a future date to be determined to ensure that the issues and recommendations in this Background Paper have been addressed. This bill would extend BAR’s sunset date to January 1, 2028.
- Arguments in Support. Automotive Service Council of California writes in support: “The bill includes language that ensures the continuity of the BAR Advisory Committee meetings. These Advisory Committee meetings promote enhanced communication between BAR, repair dealers, education providers and consumers, playing a vital role in the automotive industry. Moreover, the bill requires any employee, such as a service writer, who was involved in a BAR violation to attend remedial training. This provision ensures that those involved receive appropriate training and education to rectify any issues.
The bill also requires a salvage rebuilder selling a revived salvage loss vehicle to provide the consumer with a vehicle safety systems certificate. This requirement underscores the importance of ensuring the safety of repaired salvage vehicles and safeguards consumers from potential hazards.
Finally, the bill requires that upcoming BAR towing and storage regulations to reference civil code, vehicle code and insurance code regulations. This enhances clarity for stakeholders involved in towing and storage processes.”
California Autobody Association writes in support: “An important section of AB 1263 is the language maintaining the BAR Advisory Committee meetings. These committee meetings facilitate improved communication between BAR, repair dealers, education providers and consumers and play an important role in the automotive industry.
Additionally, the bill mandates a salvage rebuilder selling a revived salvage loss vehicle to provide the consumer with a vehicle safety systems certificate. This requirement emphases the importance of ensuring the safety of repaired salvage vehicles and protects consumers from potential hazards. The bill requires that upcoming BAR towing and storage regulations to include reference to the civil code, vehicle code and insurance Code regulations pertaining to towing and storage thereby improving clarity and streamlining compliance for all stakeholders involved.
Lastly, the bill requires any employee, such as an estimator, who was involved in a BAR violation to attend remedial training which ensures those involved receive appropriate training and education.”
The California Automotive Business Coalition writes in support: “AB 1263 provides language maintenance for the continuation of the BAR Advisory committee meetings. The BAR Advisory was formed in 1998 and has met quarterly with BAR Staff and other stakeholders. The Advisory committee meets quarterly to provide input to the Chief on the bureau and other state regulatory programs. The Advisory committee plays a very important role by increasing the level of communication between BAR, the automotive industry, education providers and consumers. The consumers have benefited the most from these meetings.
This bill requires any employee, such as a service writer, who was involved in a BAR violation to attend remedial training. This assures that the most appropriate person attends training and receives the greatest benefit. The bill also requires a salvage rebuilder selling a revived salvage loss vehicle to provide the consumer with a vehicle safety systems certificate. Finally, the bill requires the upcoming BAR towing and storage regulations will include reference in the civil code, vehicle code insurance Code regulations pertaining to towing and storage thereby having all these laws in one place for stakeholders to easily understand and comply.”
The Personal Insurance Federation of California writes in support: “In response to significant concerns raised by insurers regarding loopholes in California law that oftentimes leave vehicle owners confused and without adequate recourse to quickly and affordably challenge towing and storage fees that they believe to be excessive, BAR established a specific email account for insurance companies to notify the Bureau when they believe an Automotive Repair Dealer (ARD) is charging unreasonable or excessive storages fees.
Upon referral, the Bureau helps negotiate a fair resolution for all parties. However, the Bureau only has authority to enforce laws in the Business and Professions Code and therefore, cannot enforce the provisions of law related to the reasonableness of towing and storage fees, which are located in the Vehicle Code (unless there is also a violation of the Business and Professions Code). Oftentimes, this lack of accountability for ARDs leaves vulnerable consumers with a terrible choice, either pay the excessive fees or abandon their vehicle entirely. Either option can unfortunately initiate or perpetuate a cycle of poverty.”
Specialty Equipment Market Association (SEMA) writes in support: “SEMA believes that this legislation would benefit both consumers and the environment. It would provide owners of collector cars with greater access to emissions testing and ensure that these vehicles are meeting emissions standards. It would also help protect the environment by reducing emissions from older vehicles.”
- Author Amendments.
Due to potential concerns surrounding the temporary waiver of smog check requirements to ensure health and safety concerns, or both, of the vehicle owner who is impacted by a local, state, or federal emergency, the Author seeks to amend these provisions of the bill as follows:
Section 44011 of the Health and Safety Code is amended to read:
(d) Upon application to the bureau by an individual vehicle owner and receipt of documentation demonstrating a significant risk to the health or safety, or both, of the applicant, the bureau may temporarily waive the requirements in subdivisions (a) and (b) if the waiver is required to ensure the health or safety, or both, of the vehicle owner who is impacted by a declared local, state, or federal emergency.
The Author may also like to make technical and clarifying changes due to drafting errors in the following parts of the bill:
Section 9882(a)(iii): changing “to prevent nondisclosure of the citation” to “to prevent disclosure of the citation”
Section 44072.10(c)(1): changing “clean pugging” to “clean plugging”
Finally, the Author has made this Committee aware of its intention to change the Author of the bill from “Committee on Business and Professions” to “Assemblymember Berman” and Co-Author “Senator Roth.”
SUPPORT AND OPPOSITION:
Support:
Automotive Service Council of California
California Autobody Association
California Automotive Business Coalition
Personal Insurance Federation of California
Specialty Equipment Market Association
Opposition:
None received.
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ASSEMBLY THIRD READING
ATR Bill Id:AB 1263
Author:(Committee on Business and Professions)
As Amended Ver:May 18, 2023
Majority vote
SUMMARY
Extends the sunset date for the Bureau of Automotive Repair (BAR or Bureau) until January 1, 2028, and makes additional technical changes, statutory improvements, and policy reforms in response to issues raised during the Bureau's sunset review oversight process.
Major Provisions
- Extend the sunset date for the Bureau, from January 1, 2024, to January 1, 2028.
- Require specified vehicles to receive smog check inspections at referee facilities or a similar contracted inspection network established by the Department of Consumer Affairs (DCA), which may include subcontracted licensed smog check stations.
- Authorize the Bureau to issue a temporary waiver from a biennial smog check inspection if circumstances determined through regulations by Bureau warrant it.
- Authorize DCA, in cooperation with the California Air Resources Board (CARB), to analyze smog check program data and report the results to the public biennially.
- Expand the definition of "automotive repair dealer" to include a person who, for compensation, engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employee.
- Authorize the Bureau to adopt, as necessary, regulations to clarify its authority to regulate storage fees charged by automotive repair dealers.
- Require the seller of vehicle that has been issued a salvage certificate to provide the purchaser of that vehicle a valid vehicle safety systems certificate, as specified.
COMMENTS
The Bureau is responsible for regulating the automotive repair industry in California, including licensing and enforcement of the Automotive Repair Act. The Bureau is also responsible for the state's vehicle emissions inspection and maintenance (Smog Check) program. Additionally, the Bureau administers financial assistance programs that make repairing or retiring high polluting vehicles more affordable for Californians.
Today the Bureau issues eleven license, registration, and certificate types. As of fiscal year (FY) 2021-22, the Bureau is responsible for overseeing 34,093 registered ARDs, of which 6,397 are licensed Smog Check stations and 1,577 are licensed brake and lamp stations, as well 20,773 Smog Check inspectors, repair technicians, and brake and lamp adjusters.
Existing law repeals the Bureau's enabling statute on January 1, 2024. This bill is one of several sunset extension bills introduced by the Assembly Business and Professions Committee this year. In addition to extending the Bureau's sunset date to January 1, 2028, this bill addresses a number of issues raised during the Bureau's sunset review hearing, including the following.
- Sunset Issue #7: Storage Fees and Insurer Referrals. In January 2022, the Bureau created a specific email account for insurance companies to notify the Bureau when they believe an ARD is charging unreasonable or excessive storages fees. As of April 1, 2023, the Bureau has received over 320 referrals. Upon referral, the Bureau helps negotiate a fair resolution for all parties in an expedient manner.
ARDs can similarly file complaints with the California Department of Insurance if they have an issue with an insurance company. Some stakeholders have suggested that insurance companies have delayed vehicle inspections and/or removal of total-loss vehicles from the ARD, resulting in hefty storage fees. However, the Bureau does not have any authority over insurance companies. Moreover, the Bureau only has authority to enforce laws in the Business and Professions Code and therefore, cannot enforce the provisions of law related to the reasonableness of towing and storage fees, which are located in the Vehicle Code (unless there is also a violation of the Business and Professions Code).
This bill would authorize the Bureau to develop regulations to clarify its authority to regulate storage fees charged by automotive repair dealers.
- Sunset Issue #10: Online Automotive Repair Referral Businesses. In an effort to curb unlicensed activity, the Bureau adopted regulations in 2017 requiring mobile ARDs to include specific identifying information in all advertisements and on mobile ARD vehicles. Although the regulations have made it easier for consumers to identify and verify a mobile ARD's license before hire and for the Bureau to detect unlicensed activity, the Bureau reports that online advertising by unlicensed automotive repair referral businesses is a new issue. Automotive repair referral businesses, which refer customers to licensed ARDs in exchange for a portion of the repair costs, are not subject to oversight by the Bureau. The Bureau reports that consumers often do not know whom they are authorizing to repair their vehicle.
This bill would amend the definition of "automotive repair dealer" to include a person who, for compensation, collects compensation for the automotive repair services that are referred or sublet to someone other than the dealer or their employees. This change will bring online automotive repair referral businesses under the regulatory oversight of the Bureau.
- Sunset Issue #11: Smog Check Inspection of Model Year 1976-1995 Vehicles. Of the approximately 10 million Smog Check inspections performed annually in California, just seven percent are of model year (MY) 1995 and older vehicles. As the population of MY 1995 and older vehicles requiring inspection declines, the cost of maintaining the necessary equipment (the BAR-97 Emissions Inspection System) and inspecting MY 1995 and older vehicles continues to increase.
In 2013, the Bureau established the STAR program, a voluntary certification for Smog Check stations that meet inspection-based performance standards and maintain equipment to test all vehicles. In response to the aforementioned cost pressures and the declining number of Smog Check stations offering inspections of MY 1995 and older vehicles, BAR currently requires all MY 1976 to 1999 vehicles to be inspected at STAR-certified stations. Even so, on average, over 90 percent of STAR-certified stations perform one or less inspection on MY 1995 or older vehicles each day.
This bill would authorize the Bureau to establish a centralized testing network that would be established through a competitively bid contract. Each centralized testing facility would maintain the BAR-97 inspection equipment required to inspect MY 1995 and older vehicles and inspection fees collected from consumers would pay for the testing sites and necessary staff to implement the program.
- Sunset Issue #12: Smog Check Performance Reporting. The Bureau, in cooperation with the California Air Resources Board, is required to annually evaluate the Smog Check Program and the performance of Smog Check stations and report its findings in the Smog Check Performance Report. Specific data is required to be included in the report, including but not limited to the percentage of vehicles that initially passed, or initially failed and then passed, a smog check that later fail a roadside inspection. The Bureau is also required to provide an estimate of the excessive emissions from these vehicles and recommend changes to the program to reduce excess emissions. Excess emissions refers to the "additional benefits that could be realized if all vehicles were inspected at 'high-performing' Smog Check stations." Because vehicles subject to the Smog Check Program are only required to be inspected every other year, it takes two years for all vehicles to be tested. Currently half of the data reported in the annual Smog Check Performance Report is duplicative because two years' worth of roadside data is necessary to curate a statistically significant sample size.
This bill would require the Bureau to analyze and report data pertaining to the Smog Check Program biennially instead of annually.
- Sunset Issue #13: COVID-19. During the COVID-19 pandemic, the Bureau received requests from consumers to waive the biennial Smog Check requirement. The Bureau, unable to waive the requirement, allowed consumers facing a hardship due to the State of Emergency to have a free Smog Check performed by a Bureau Referee. The Bureau reports that it will consider opportunities to issue Smog Check inspection waivers during a future State of Emergency.
This bill would allow BAR to waive the biennial requirement for a Smog Check Inspection.
- Sunset Issue #14: Technical Cleanup. The Bureau has identified several technical, non-substantive amendments that are necessary in the Business and Professions Code, Health and Safety Code, and Vehicle Code.
This bill makes numerous technical, clarifying, and conforming changes. In part, this bill would clarify that the seller of a vehicle that has been issued a salvage certificate is required to provide the purchaser of that vehicle a valid vehicle safety systems certificate, as specified.
- Sunset Issue #15: Continued Regulation. The Bureau's oversight of the automotive repair industry and administration of vehicle emissions reduction and safety programs are integral to the welfare of California motorists and to meeting California's ambitious climate goals. The Bureau provides numerous services to protect consumers and the environment, including:
- Licensing ARDs; Smog Check stations, repair technicians, and inspectors; and brake and lamp stations and adjusters.
- Pursuant to AB 471 (Low), Chapter 372, Statutes of 2021, vehicle safety systems licenses will replace lamp and brake licenses, effective January 1, 2024.
- Mediating automotive repair complaints, saving consumers millions of dollars each year in the form of direct refunds, rework, and bill adjustments.
- Investigating and taking disciplinary action against licensees who violate the law.
- Performing no-cost inspections of collision-related repairs to help ensure the safety of consumers and their vehicles.
- Administering and enforcing the Smog Check Program, which helps keep California's air clean by reducing air pollution produced by motor vehicles.
This bill would extend BAR's sunset date to January 1, 2028.
For a complete list of issues raised during the Bureau's sunset review, please refer to the background paper available on the Committee's website: https://abp.assembly.ca.gov/jointsunsethearings. All of the issues identified in the background paper remain available for discussion.
According to the Author
This bill the sunset review vehicle for the Bureau of Automotive Repair, authored by the Assembly Committee on Business and Professions as part of its review of the authorities and activities of the boards and bureaus under DCA.
Arguments in Support
The Specialty Equipment Market Association writes in support:
Many of SEMA's members are involved in the restoration and customization of older vehicles, including those that are considered to be collector's items and only driven occasionally or for special events. Unfortunately, owners of these vehicles often face significant challenges when it comes to emissions testing. In particular, many owners have difficulty locating emissions test centers that offer the necessary BAR-97 test at a reasonable price, if at all.
Creating a centralized testing network for emissions testing older vehicles would help address this issue by ensuring that owners have access to the necessary BAR-97 test. This would save them time, money, and the frustration of having to navigate a complex testing process.
SEMA believes that this legislation would benefit both consumers and the environment. It would provide owners of collector cars with greater access to emissions testing and ensure that these vehicles are meeting emissions standards. It would also help protect the environment by reducing emissions from older vehicles.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, this bill would result in "no new state costs. Ongoing special funds costs of approximately $253 million annually (Vehicle Inspection and Repair Fund, High Polluter Repair or Removal Account, Enhanced Fleet Modernization Subaccount) supporting 610 positions to extend sunset date of the Bureau until January 1, 2028. This fund is fully self-supporting with fee revenue."
VOTES
ASM BUSINESS AND PROFESSIONS: 16-0-2
YES: Berman, Flora, Alanis, Alvarez, Bonta, Dixon, Gipson, Grayson, Irwin, Jackson, Lee, Lowenthal, McKinnor, Stephanie Nguyen, Joe Patterson, Ting
ABS, ABST OR NV: Chen, McCarty
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: May 18, 2023
CONSULTANT: Kaitlin Curry / B. & P. / (916) 319-3301 FN: 0000973
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1263
Author:(Committee on Business and Professions) – As Amended Ver:April 20, 2023
Policy Committee: | Business and Professions | Vote: | 16 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill extends the sunset date for the Bureau of Automotive Repair (Bureau) until January 1, 2028, and makes additional technical changes, statutory improvements, and policy reforms in response to issues raised during the Bureau’s sunset review oversight process.
Specifically, this bill:
- Extends the sunset date for the Bureau, from January 1, 2024, to January 1, 2028.
- Requires specified vehicles to receive smog check inspections at referee facilities or a similar contracted inspection network established by the Department of Consumer Affairs (DCA), which may include subcontracted licensed smog check stations.
- Authorizes the Bureau to issue a temporary waiver from a biennial smog check inspection if circumstances determined through regulations by Bureau warrant it.
- Authorizes DCA, in cooperation with the Air Resources Board (ARB), to analyze smog check program data and report the results to the public biennially.
- Expands the definition of “automotive repair dealer” to include a person who, for compensation, engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employee.
- Authorizes the Bureau to adopt, as necessary, regulations to clarify its authority to regulate storage fees charged by automotive repair dealers.
FISCAL EFFECT:
No new state costs. Ongoing special funds costs of approximately $253 million annually (Vehicle Inspection and Repair Fund, High Polluter Repair or Removal Account, Enhanced Fleet Modernization Subaccount) supporting 610 positions to extend sunset date of the Bureau until January 1, 2028. This fund is fully self-supporting with fee revenue.
COMMENTS:
- Purpose. This bill the sunset review vehicle for the Bureau of Automotive Repair, authored by the Assembly Committee on Business and Professions as part of its review of the authorities and activities of the boards and bureaus under DCA. The bill extends the sunset date for the Bureau and makes additional technical changes, statutory improvements, and policy reforms in response to issues raised during Bureau’s sunset review oversight process.
- Bureau of Automotive Repair. The Bureau was established in 1972 (SB 51, Beilenson, Chapter 1578, Statutes of 1971). This act created a statewide automotive consumer protection program, including the mandatory registration and regulation of Automotive Repair Dealers (ARDs) for the first time. In 1984, pursuant to SB 33 (Presley), Chapter 892, Statutes of 1982, the Bureau implemented the Smog Check Program to license and regulate smog check stations and technicians. This program seeks to reduce emissions through biennial inspections and repair of 1976 model-year and newer vehicles. In 2013, the Bureau implemented performance standards for smog check stations and inspectors as part of the STAR Program created by AB 2289 (Eng), Chapter 258, Statutes of 2010. Currently, the Smog Check Program is administered jointly by the Bureau, the Department of Motor Vehicles, and ARB.
The Bureau issues eleven license, registration, and certificate types. As of fiscal year 2021-22, the Bureau regulates 34,093 ARDs, 6,397 Smog Check Stations, 13,244 Smog Check Inspectors, 6,030 Smog Check Repair Technicians, and 3,744 STAR Stations, with the remaining licensee population spread among the remaining six license types. Existing law repeals the Bureau’s enabling statute on January 1, 2024.
- Related Legislation. This bill is one of several sunset extension bills introduced by the Assembly Business and Professions Committee this year. Others include AB 1257, Dental Hygiene Board; AB 1262, Professional Fiduciaries Bureau; and AB 1264, Acupuncture Board. All three bills are pending in this committee. There are additional sunset review Senate bills pending in the Senate Appropriations Committee.
- Prior Legislation. AB 471 (Low), Chapter 372, Statutes of 2021, authorizes the Bureau to establish an informal citation conference for automotive repair dealers, beginning July 1, 2023, and a program to permit remedial training in lieu of posting minor violations online until July 1, 2026. AB 471 also required the Bureau to collect additional information on licensing applications and revised and recast the provisions of the brake and lamp inspection act into a new Vehicle Safety Systems Inspection program, as determined by the Bureau.
SB 607 (Min), Chapter 367, Statutes of 2021, extended the sunset date for the Bureau until January 1, 2024, and made numerous unrelated changes.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 25, 2023
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Marc Berman, Chair
ABPCA Bill Id:AB 1263
Author:Committee on Business and Professions – As Amended Ver:April 20, 2023
SUBJECT: Vehicles: Bureau of Automotive Repair: smog check program.
SUMMARY: Extends the sunset date for the Bureau of Automotive Repair (BAR or Bureau) until January 1, 2028, and makes additional technical changes, statutory improvements, and policy reforms in response to issues raised during the Bureau’s sunset review oversight process.
EXISTING LAW:
- Regulates the business of automotive repair under the Automotive Repair Act (Act). (Business and Professions Code (BPC) §§ 9880-9889.68)
- Establishes the BAR within the Department of Consumer Affairs (DCA), places the BAR under the supervision and control of the director of the DCA, and vests the duty of enforcing and administering the Act in the BAR’s bureau chief. (BPC § 9882)
- Defines “automotive repair dealer” (ARD) as a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. (BPC § 9880.1(a))
- Specifies that a person required to have a valid ARD registration shall not have the benefit of any lien for labor or materials, including the ability to charge storage fees in accordance with applicable laws, or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration. (BPC § 9884.16)
- Makes it unlawful for any person to be an ARD unless that person is currently registered with the BAR. (BPC § 9884.6)
- Authorizes the BAR to deny, suspend, revoke, or place on probation an ARD’s registration for specified acts or omissions, including failure to comply with the Act, negligence, and fraudulent conduct. (BPC § 9884.7)
- Authorizes the BAR to investigate violations of the Act, requires the BAR to establish procedures for accepting complaints from the public, and authorizes the BAR to mediate complaints between consumers and ARDs. (BPC § 9882.5)
- Makes any person who fails to comply with the provisions of the Act guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding six months, or by both that fine and imprisonment, except as specified. (BPC § 9889.21)
- Authorizes the BAR to file charges with the district attorney or city attorney against an ARD who violates the provisions of the Act or the BAR’s regulations. (BPC § 9884.15)
- Establishes the Motor Vehicle Inspection Program for the purpose of meeting or exceeding air quality standards set by the federal Clean Air Act in 1990. (Health and Safety Code (HSC) § 44000-44299.91)
- Requires all motor vehicles powered by internal combustion engines that are registered within an area designated for Motor Vehicle Inspection Program coverage to be required biennially to obtain a certificate of compliance or noncompliance, unless exempt, as specified. (HSC § 44011(a))
- Requires DCA, in cooperation with the California Air Resources Board (CARB), to perform analyses of data collected pursuant to Motor Vehicle Inspection Program and report the results to the public annually. (HSC § 44024.5(b))
- Prohibits a person from performing, for compensation, tests or repairs of emission control devices or systems of motor vehicles unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. (HSC § 44032)
- Requires DCA to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. (HSC § 44072.10)
THIS BILL:
- Requires specified vehicles to receive smog check inspections at referee facilities or a similar contracted inspection network established by DCA, which may include subcontracted licensed smog check stations.
- Authorizes the Bureau to issue a temporary waiver from a biennial smog check inspection if circumstances determined through regulations by BAR warrant it.
- Authorizes DCA, in cooperation with CARB, to analyze smog check program data and report the results to the public biennially.
- Expands the definition of “automotive repair dealer” to include a person who, for compensation, engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employee.
- Extends the sunset date for the Bureau from January 1, 2024, to January 1, 2028.
- Authorizes the Bureau to adopt, as necessary, regulations to clarify its authority to regulate storage fees charged by automotive repair dealers.
- Makes numerous technical, clarifying, and conforming changes.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by Legislative Counsel.
COMMENTS:
Purpose. This bill is the sunset review vehicle for the Bureau of Automotive Repair, authored by the Assembly Business and Professions Committee. The bill extends the sunset date for BAR and enacts technical changes, statutory improvements, and policy reforms in response to issues raised during the Bureau’s sunset review oversight process.
Background.
Sunset review. In order to ensure that California’s myriad professional boards and bureaus are meeting the state’s public protection priorities, authorizing statutes for these regulatory bodies are subject to statutory dates of repeal, at which point the entity “sunsets” unless the date is extended by the Legislature. The sunset process provides a regular forum for discussion around the successes and challenges of various programs and the consideration of proposed changes to laws governing the regulation of professionals. Currently, the sunset review process applies to approximately three dozen different boards and bureaus under the Department of Consumer Affairs, as well as the Department of Real Estate and three nongovernmental nonprofit councils.
On a schedule averaging every four years, each entity is required to present a report to the Legislature’s policy committees, which in return prepare a comprehensive background paper on the efficacies and efficiencies of their licensing and enforcement programs. Both the Administration and regulated professional stakeholders actively engage in this process. Legislation is then subsequently introduced extending the repeal date for the entity along with any reforms identified during the sunset review process.
History and function of the Bureau of Automotive Repair. BAR was established within the DCA in 1972 following the enactment of the Automotive Repair Act pursuant to Senate Bill (SB) 51 (Beilenson), Chapter 1578, Statutes of 1971.[1] The Act authorized the Bureau to regulate the automotive repair industry in California and mandated among other things that automotive repair dealers (ARD) be registered by the Bureau and subject to specific requirements such as providing customers with written estimates that must be authorized by the customer prior to performing any work on the vehicle and invoices for the repairs performed.
In 1984, the Bureau implemented a vehicle emissions inspection and maintenance (Smog Check) program, pursuant to SB 33 (Presley), Chapter 892, Statutes of 1982. The program is administered by the Bureau in consultation with the Department of Motor Vehicles (DMV) and the California Air Resources Board (CARB), with the Bureau being responsible for licensing Smog Check stations, inspectors, and technicians. The Bureau also administers financial assistance programs that make repairing or retiring high polluting vehicles more affordable for Californians.
Today the Bureau issues eleven license, registration, and certificate types. Any business that repairs and/or diagnoses malfunctions of motor vehicles for compensation must be registered as an ARD. An ARD may additionally be licensed as a:
- Smog Check test-and-repair station, which inspects, diagnoses, and repairs vehicles subject to the Smog Check Program;
- Smog Check test-only station, which inspects vehicles subject to the Smog Check Program;
- Smog Check repair-only station, which diagnoses and repairs vehicles subject to the Smog Check Program;
- Brake station, which tests, inspects, adjusts, and repairs vehicle brakes and brake systems; or
- Lamp station, which tests, inspects, adjusts, and repairs lamps and related electrical systems on vehicles.
- Licensed Smog Check stations who meet higher performance standards established in regulation by the Bureau may receive STAR certification, authorizing the business to administer Smog Check inspections and repairs of high-polluting vehicles that cannot be inspected or repaired by non-STAR certified Smog Check stations.
- Individuals may be licensed as a:
- Smog Check inspector to inspect and certify the emissions control systems on vehicles subject to the Smog Check Program;
- Smog Check repair technician to diagnose and repair the emissions control systems on vehicles subject to the Smog Check Program;
- Brake adjuster to test, inspect, adjust, and repair the brakes and brake systems on vehicles; or
- Lamp adjuster to test, inspect adjust, or repair the lamps and related electrical systems on vehicles.
As of fiscal year (FY) 2021-22, the Bureau is responsible for overseeing 34,093 registered ARDs, of which 6,397 are licensed Smog Check stations and 1,577 are licensed brake and lamp stations, as well 20,773 Smog Check inspectors, repair technicians, and brake and lamp adjusters.[2]
The Bureau mediates consumer complaints, investigates violations of the Act and related laws and regulations, and takes disciplinary action against registrants and licensees as authorized.
The Bureau has established two informal advisory groups: the Educational Advisory Group (EAG), which advises the Bureau on the education and training requirements of Smog Check inspectors and repair technicians and the BAR Advisory Group (BAG), which facilitates communication and coordination between the Bureau, industry stakeholders, educators, and consumers.
According to BAR’s 2023-2027 Strategic Plan, its mission is to “protect Californians through effective oversight of the automotive repair industry and administration of vehicle emissions reduction and safety programs.”[3]
Sunset issues for consideration. In preparation for the sunset hearings, committee staff prepared public background papers that identify outstanding issues relating to the entity being reviewed. The background paper is available on the Committee’s website: https://abp.assembly.ca.gov/jointsunsethearings. While all of the issues identified in the background paper remain available for discussion, the following are currently being addressed in the amendments to this bill or otherwise actively discussed:
- Sunset Issue #7: Storage Fees and Insurer Referrals. In January 2022, the Bureau created a specific email account for insurance companies to notify the Bureau when they believe an ARD is charging unreasonable or excessive storages fees. As of April 1, 2023, the Bureau has received over 320 referrals. Upon referral, the Bureau helps negotiate a fair resolution for all parties in an expedient manner.
ARDs can similarly file complaints with the California Department of Insurance if they have an issue with an insurance company. Some stakeholders have suggested that insurance companies have delayed vehicle inspections and/or removal of total-loss vehicles from the ARD, resulting in hefty storage fees. However, the Bureau does not have any authority over insurance companies. Moreover, the Bureau only has authority to enforce laws in the Business and Professions Code and therefore, cannot enforce the provisions of law related to the reasonableness of towing and storage fees, which are located in the Vehicle Code (unless there is also a violation of the Business and Professions Code).
This bill would authorize the Bureau to develop regulations to clarify its authority to regulate storage fees charged by automotive repair dealers.
- Sunset Issue #10: Online Automotive Repair Referral Businesses. In an effort to curb unlicensed activity, the Bureau adopted regulations in 2017 requiring mobile ARDs to include specific identifying information in all advertisements and on mobile ARD vehicles. Although the regulations have made it easier for consumers to identify and verify a mobile ARD’s license before hire and for the Bureau to detect unlicensed activity, the Bureau reports that online advertising by unlicensed automotive repair referral businesses is a new issue. Automotive repair referral businesses, which refer customers to licensed ARDs in exchange for a portion of the repair costs, are not subject to oversight by the Bureau. The Bureau reports that consumers often do not know whom they are authorizing to repair their vehicle.
This bill would amend the definition of “automotive repair dealer” to include a person who, for compensation, collects compensation for the automotive repair services that are referred or sublet to someone other than the dealer or their employees. This change will bring online automotive repair referral businesses under the regulatory oversight of the Bureau.
- Sunset Issue #11: Smog Check Inspection of Model Year 1976-1995 Vehicles. Of the approximately 10 million Smog Check inspections performed annually in California, just seven percent are of model year (MY) 1995 and older vehicles.[4] As the population of MY 1995 and older vehicles requiring inspection declines, the cost of maintaining the necessary equipment (the BAR-97 Emissions Inspection System) and inspecting MY 1995 and older vehicles continues to increase.
In 2013, the Bureau established the STAR program, a voluntary certification for Smog Check stations that meet inspection-based performance standards and maintain equipment to test all vehicles.[5] [6] In response to the aforementioned cost pressures and the declining number of Smog Check stations offering inspections of MY 1995 and older vehicles, BAR currently requires all MY 1976 to 1999 vehicles to be inspected at STAR-certified stations.[7] [8] [9] Even so, on average, over 90 percent of STAR-certified stations perform one or less inspection on MY 1995 or older vehicles each day.
This bill would authorize the Bureau to establish a centralized testing network that would be established through a competitively bid contract. Each centralized testing facility would maintain the BAR-97 inspection equipment required to inspect MY 1995 and older vehicles and inspection fees collected from consumers would pay for the testing sites and necessary staff to implement the program.
- Sunset Issue #12: Smog Check Performance Reporting. The Bureau, in cooperation with the California Air Resources Board, is required to annually evaluate the Smog Check Program and the performance of Smog Check stations and report its findings in the Smog Check Performance Report.[10] Specific data is required to be included in the report, including but not limited to the percentage of vehicles that initially passed, or initially failed and then passed, a smog check that later fail a roadside inspection.[11] The Bureau is also required to provide an estimate of the excessive emissions from these vehicles and recommend changes to the program to reduce excess emissions. Excess emissions refers to the “additional benefits that could be realized if all vehicles were inspected at ‘high-performing’ Smog Check stations.”[12] Because vehicles subject to the Smog Check Program are only required to be inspected every other year, it takes two years for all vehicles to be tested. Currently half of the data reported in the annual Smog Check Performance Report is duplicative because two years’ worth of roadside data is necessary to curate a statistically significant sample size.
This bill would require the Bureau to analyze and report data pertaining to the Smog Check Program biennially instead of annually.
- Sunset Issue #13: COVID-19. During the COVID-19 pandemic, the Bureau received requests from consumers to waive the biennial Smog Check requirement. The Bureau, unable to waive the requirement, allowed consumers facing a hardship due to the State of Emergency to have a free Smog Check performed by a Bureau Referee. The Bureau reports that it will consider opportunities to issue Smog Check inspection waivers during a future State of Emergency.
This bill would allow BAR to waive the biennial requirement for a Smog Check Inspection.
- Sunset Issue #14: Technical Cleanup. The Bureau has identified several technical, non-substantive amendments that are necessary in the Business and Professions Code, Health and Safety Code, and Vehicle Code.
This bill makes numerous technical, clarifying, and conforming changes.
- Sunset Issue #15: Continued Regulation. The Bureau’s oversight of the automotive repair industry and administration of vehicle emissions reduction and safety programs are integral to the welfare of California motorists and to meeting California’s ambitious climate goals. The Bureau provides numerous services to protect consumers and the environment, including:
- Licensing ARDs; Smog Check stations, repair technicians, and inspectors; and brake and lamp stations and adjusters.
- Pursuant to AB 471 (Low), Chapter 372, Statutes of 2021, vehicle safety systems licenses will replace lamp and brake licenses, effective January 1, 2024.
- Mediating automotive repair complaints, saving consumers millions of dollars each year in the form of direct refunds, rework, and bill adjustments.
- Investigating and taking disciplinary action against licensees who violate the law.
- Performing no-cost inspections of collision-related repairs to help ensure the safety of consumers and their vehicles.
- Administering and enforcing the Smog Check Program, which helps keep California’s air clean by reducing air pollution produced by motor vehicles.[13]
This bill would extend BAR’s sunset date to January 1, 2028.
Current Related Legislation.
AB 1257 (Assembly Business and Professions Committee) of 2023 is the sunset review bill for the Dental Hygiene Board of California. Pending in this committee.
AB 1262 (Assembly Business and Professions Committee) of 2023 is the sunset review bill for the Professional Fiduciaries Bureau. Pending in this committee.
AB 1264 (Assembly Business and Professions Committee) of 2023 is the sunset review bill for the Acupuncture Board. Pending in this committee.
SB 813 (Roth) is the sunset review bill for the Structural Pest Control Board. Pending in the Senate Business, Professions, and Economic Development Committee.
SB 814 (Roth) is the sunset review bill for the Bureau of Household Goods and Services. Pending in the Senate Business, Professions, and Economic Development Committee.
SB 815 (Roth) is the sunset review bill for the Medical Board of California. Pending in the Senate Business, Professions, and Economic Development Committee.
Prior Related Legislation.
AB 471 (Low), Chapter 372, Statutes of 2021, authorizes BAR to establish an informal citation conference for automotive repair dealers, beginning July 1, 2023, and a program to permit remedial training in lieu of posting minor violations online until July 1, 2026. AB 471 also required BAR to collect additional information on licensing applications and revised and recast the provisions of the brake and lamp inspection act into a new Vehicle Safety Systems Inspection program, as determined by BAR.
AB 294 (Santiago) of 2022 would have established the Vehicle Towing and Storage Board (VTSB) within the Department of Consumer Affairs, required businesses that tow and store vehicles to receive a permit from VTSB, authorized VTSB to resolve disputes associated with the tow and storage of vehicles, and added additional requirements to existing tow and storage laws. Held on the Assembly Appropriations Committee Suspense File.
SB 607 (Min), Chapter 367, Statutes of 2021, extended the sunset review date of BAR from January 1, 2023, to January 2, 2024.
AB 3141 (Low), Chapter 503, Statutes of 2018, extended the sunset date of BAR by four years, until January 1, 2023, allowed for minor services to be conducted without a written estimate, required the registration of minor services repair dealers, and allowed BAR to access DMV photographic license database for the purpose of enforcement.
ARGUMENTS IN SUPPORT:
The Specialty Equipment Market Association writes in support:
Many of SEMA’s members are involved in the restoration and customization of older vehicles, including those that are considered to be collector's items and only driven occasionally or for special events. Unfortunately, owners of these vehicles often face significant challenges when it comes to emissions testing. In particular, many owners have difficulty locating emissions test centers that offer the necessary BAR-97 test at a reasonable price, if at all.
Creating a centralized testing network for emissions testing older vehicles would help address this issue by ensuring that owners have access to the necessary BAR-97 test. This would save them time, money, and the frustration of having to navigate a complex testing process.
SEMA believes that this legislation would benefit both consumers and the environment. It would provide owners of collector cars with greater access to emissions testing and ensure that these vehicles are meeting emissions standards. It would also help protect the environment by reducing emissions from older vehicles.
ARGUMENTS IN OPPOSITION:
None on file.
REGISTERED SUPPORT:
Specialty Equipment Market Association
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Kaitlin Curry / B. & P. / (916) 319-3301
Business and Professions Code §§ 9880-9889.68 ↑
Bureau of Automotive Repair. (n.d.). Home Page. Bureau of Automotive Repair. Retrieved from https://bar.ca.gov/ ↑
Bureau of Automotive Repair. (n.d.). Strategic Plan 2023-2027. Bureau of Automotive Repair. Retrieved from https://bar.ca.gov/strategic-plan ↑
Vehicles that are model year 1975 and older do not require a Smog Check. ↑
Bureau of Automotive Repair. (n.d.). Star Program FAQ. Bureau of Automotive Repair. Retrieved from https://bar.ca.gov/star/faq ↑
Bureau of Automotive Repair. (n.d.). Smog Check Reference Guide Version 3.0. Bureau of Automotive Repair. Retrieved from https://bar.ca.gov/pdf/smog-check-reference-guide.pdf ↑
Ibid. ↑
Bureau of Automotive Repair. (n.d.). 2022 Smog Check Performance Report. Bureau of Automotive Repair. Retrieved from https://bar.ca.gov/pdf/bag/202207/smog-check-report.pdf ↑
Model year 1996-1999 vehicles are tested using the BAR-97 system but are OBD-II equipped and compatible with the BAR-OIS system. ↑
Bureau of Automotive Repair. (n.d.). 2022 Smog Check Performance Report. Bureau of Automotive Repair. Retrieved from https://bar.ca.gov/pdf/bag/202207/smog-check-report.pdf ↑
Ibid. ↑
Ibid. ↑
Bureau of Automotive Repair. (n.d.). We are committed to consumer protection. Bureau of Automotive Repair. Retrieved from https://bar.ca.gov/strategic-plan/consumer-protection ↑
Bill Author
Bill Co-Author(s):
