Existing law establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year. Existing law also exempts from specified portions of the smog test, both biennially and at transfer, a collector motor vehicle that is insured as a collector motor vehicle, is at least 35 model years old, complies with the exhaust emissions standards for that motor vehicles class and model year as prescribed by the department, and that passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.

This bill would, commencing on January 1, 2027, additionally fully exempt from the smog check requirements, both biennially and at transfer, a motor vehicle that is at least 35 model years old, was manufactured prior to the 1981 model year, has been assigned a special identification plate indicating that it is a historical vehicle, and is insured as a collector motor vehicle. vehicle, as specified. The bill, beginning January 1, 2028, would expand this exemption by one model year, every year, for 5 years. The bill would be known, and may be cited as, Lenos Law.

Existing law establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year. Existing law also exempts from specified portions of the smog test, both biennially and at transfer, a collector motor vehicle that is insured as a collector motor vehicle, is at least 35 model years old, complies with the exhaust emissions standards for that motor vehicles class and model year as prescribed by the department, and that passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.

This bill would delete the above partial smog check exemption for collector motor vehicles from existing law. Instead, the bill would fully exempt a collector motor vehicle would, commencing on January 1, 2027, additionally fully exempt from the smog check requirement, requirements, both biennially and at transfer, if the a motor vehicle that is at least 35 model years old. old, has been assigned a special identification plate indicating that it is a historical vehicle, and is insured as a collector motor vehicle. The bill would be known, and may be cited as, Lenos Law.

Existing law establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year. Existing law also exempts from specified portions of the smog test test, both biennially and at transfer, a collector motor vehicle that is insured as a collector motor vehicle, is at least 35 model years old, complies with the exhaust emissions standards for that motor vehicles class and model year as prescribed by the department, and that passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.

This bill would delete the above partial smog check exemption for collector motor vehicles from existing law. Instead, the bill would fully exempt a collector motor vehicle from the smog check requirement requirement, both biennially and at transfer, if the vehicle is at least 35 model years old and proof is submitted that the motor vehicle is insured as a collector motor vehicle, as specified. old. The bill would be known, and may be cited as, Lenos Law.

Existing law establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year. Existing law also exempts from specified portions of the smog test a collector motor vehicle that is insured as a collector motor vehicle, is at least 35 model years old, complies with the exhaust emissions standards for that motor vehicles class and model year as prescribed by the department, and that passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.

This bill would delete the above partial smog check exemption for collector motor vehicles from existing law. Instead, the bill would fully exempt a collector motor vehicle from the smog check requirement if the vehicle is at least 35 model years old and proof is submitted that the motor vehicle is insured as a collector motor vehicle, as specified.

Date of Hearing: August 20, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 712

Author:(Grove) – As Amended Ver:July 16, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill exempts classic or collector vehicles that meet specified criteria from smog check requirements.

Specifically, this bill, beginning January 1, 2027, exempts a motor vehicle from smog check requirements if the vehicle was manufactured prior to the 1981 model year (MY) and meets the following criteria: (a) the motor vehicle has been assigned a special identification plate indicating it is a historical vehicle, as specified, and (b) the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the Bureau of Automotive Repair (BAR).

The bill, beginning January 1, 2028, expands the above exemption by one MY, every year, for five years. Specifically, the exemption applies to vehicles manufactured before the 1982 MY in 2028, before the 1983 MY in 2029, before the 1984 MY in 2030, before the 1985 MY in 2031, and before the 1986 MY in 2032.

The exemption applies to both inspections that must occur every two years and to those that occur at the time of initial registration and of transfer of ownership and registration.

FISCAL EFFECT:

Because this bill exempts certain vehicles from the need to undergo smog checks, and the need to pay associated fees, this bill will result in foregone state revenue, possibly in a significant amount. In addition, the bill requires significant administrative work of BAR and the Department of Motor Vehicles (DMV), with initial and ongoing costs to each agency likely in the hundreds of thousands of dollars annually. In addition, the bill may create cost pressure on the Air Resources Board (ARB) to quantify foregone emission reductions as a result of this bill.

1) BAR anticipates the following costs and foregone revenue (Vehicle Inspection and Repair Fund):

(a) Revenue loss associated with smog check fees, transaction fees, change of ownership fees, and change of ownership transaction fees of approximately $59,000 in 2026-27 and $126,000 in 2027-28. BAR notes this loss in revenue will increase annually as new model years become exempt.

(b) One-time workload costs of approximately $43,000 to develop and implement a system to collect and store proof of collector car insurance and transmit verification results to DMV, as well as to develop procedures and train staff to verify collector car insurance.

(c) $506,000 in 2026-27 and $474,000 in 2027-28 and ongoing for four program technicians to verify collector vehicle insurance documents on an annual basis. The bureau expects to receive 17,500 requests each year.

(d) IT costs of an unknown amount. The Department of Consumer Affairs (DCA) has a no-cost-to-the-state contract that provides IT services at all smog check stations. However, this contract requires DCA to cover the difference if revenue drops beyond a designated amount. As a consequence of lost revenue from smog check and change of ownership transaction fees, the bureau projects it will owe approximately $9,000 the first year after the bill takes effect, with that amount increasing gradually year after year as additional vehicles become eligible. Therefore, DCA may require additional funding to support its IT contract.

DCA derives its funding from fees charged to licensees. Generally speaking, licensee fees may be adjusted only by legislation. DCA notes increases in operating costs resulting from the implementation of new legislative mandates may place pressure on existing fee structures that, in totality, may necessitate legislation to raise licensee fees.

The committee notes the magnitude of lost fee revenue will ultimately depend on the number of vehicles that meet the eligibility criteria established by this bill and, more importantly, the number of vehicle owners that choose to utilize the smog check exemption every year.

2) Ongoing costs of an unknown amount, potentially in the hundreds of thousands of dollars annually, for DMV to update its forms, publications, and web content, and to make annual programing modifications to its vehicle registration systems (Motor Vehicle Account (MVA)). DMV will incur costs to process a greater number of smog check waivers for collector motor vehicles.

Further, DMV anticipates a revenue loss of an unknown amount from the vehicle license fee (VLF) as more vehicles opt for a historical vehicle license plate. The VLF for a vehicle with a historical vehicle license plate is $2 rather than based on market value.

DMV notes the MVA is facing insolvency. In its May Revise for fiscal year 2025-26, the administration noted that given the ongoing fiscal constraints in the MVA, the administration “will continue to prioritize fiscal discipline. This means limiting new workload or initiatives including those with delayed implementation dates that would create additional cost pressures over time.”

3) ARB notes that while the smog check program is under the jurisdiction of BAR, ARB relies on the program to meet federal Clean Air Act (CAA) requirements for areas of the state with unhealthy levels of criteria pollutants. Accordingly, ARB anticipates cost pressures of an unknown, but potentially significant amount, possibly in the millions to tens of millions of dollars annually, to achieve emissions reductions from other sectors to make up for foregone emissions reductions. ARB cautions this bill puts the state at risk of backtracking on legally enforceable commitments under the CAA, which may result in federal sanctions and the loss of transportation funding in nonattainment basins. It is reasonable to assume ARB will incur some costs to quantify foregone emission reductions as a result of this bill.

For its part, ARB estimates ongoing annual costs of approximately $1.2 million to hire five staff (Vehicle Inspection and Repair Fund) to develop an extensive test program to evaluate emission impacts, coordinate with BAR, DMV, and local air districts, incorporate the data into air quality models, revise federally required plans, and other tasks.

COMMENTS:

1) Purpose. According to the author:

SB 712 offers a practical solution for owners of collector vehicles that have difficulty complying with the state’s smog check law…These classic cars are infrequently driven, carefully maintained, and make up only 1% of cars on the road. They are typically owned for their historical significance and collector value.

2) Background. State law requires a smog inspection when a person registers or renews registration, for a vehicle in California, with some exceptions, including for model years 1975 and older.

A collector car is used primarily in shows, parades, charitable functions, and historical exhibitions for display, maintenance, and preservation. According to the Vehicle Code, a collector car may not be a vehicle used primarily for transportation. To qualify as a collector car, the vehicle must be insured as a collector car and meet one of the following requirements: the vehicle is at least 35 model years old, the vehicle is at least 25 model years old with historical vehicle license plates, or the vehicle is classified as a special interest vehicle. DMV may issue a historical vehicle license plate to a vehicle of historic interest that was manufactured after 1922 and is at least 25 model years old.

Among others in support of this bill, the Specialty Equipment Market Association (SEMA) argues this bill “lowers the bar of entry for prospective car collectors by reducing costs and regulatory burdens.” SEMA contends a small portion of the vehicles on the road in California meet the age requirement in this bill, and that owners of older cars can have a hard time finding smog stations that have the correct equipment and that will complete the smog check for a reasonable price, “because maintaining the BAR-97 emissions equipment required to test these older cars is costly and rarely used.” SEMA writes:

The alternative to these increasing barriers is a sensible exemption process, which SB 712 provides, ensuring only historically recognized and properly insured vehicles qualify. Classic and collector vehicles are a cherished part of our automotive heritage. These vehicles are well-maintained, infrequently driven, and often showcased at car shows and events celebrating automotive history. Historically, California has acknowledged the unique status of older vehicles by providing exemptions from certain emissions requirements. As generations progress, vehicles that were once considered modern will inevitably become classics. This natural evolution underscores the importance of updating our laws and regulations to reflect the changing landscape of automotive history.

Among others in opposition, the California Air Pollution Control Officers Association (CAPCOA) argues that while it understands and appreciates the state’s rich automotive heritage, this bill will result in a significant increase in the number of vehicles exempt from smog check, leading to substantial emissions of criteria pollutants, toxic air contaminants, and greenhouse gases. CAPCOA cites data from ARB showing a new 1982 passenger car has approximately 97 times higher NOx emissions than a new 2025 model year passenger car. CAPCOA notes that to be exempted, owners must simply meet the definition of a collector, which, as previously noted, is an individual who owns one or more special interest or historical vehicles. CAPCOA notes there is no consensus for which vehicles are considered collectible, historical, or of special interest and, “therefore, the definition of a “collector motor vehicle” is largely self-defined by the vehicle’s owner.” CAPCOA writes:

Without regular inspections through Smog Check, vehicle emissions control systems can degrade to the point of being entirely ineffective, can be tampered with, or removed altogether, which will result in untold air pollution impacts even greater than illustrated above, making California’s already challenging air quality issues even more difficult to address.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: July 14, 2025

ASSEMBLY COMMITTEE ON TRANSPORTATION

Lori D. Wilson, Chair

SBPCA Bill Id:SB 712

Author:(Grove) – As Amended Ver:May 28, 2025

SENATE VOTE: 32-3

SUBJECT: Smog check: motor vehicles: exemption

SUMMARY: Exempts vehicles smog check requirements that are 35 years old and have both a historical license plate and collector car insurance commencing January 1, 2027. Specifically, this bill:

1. Exempts motor vehicles from smog check requirements for both biennial inspections and for the initial registration and transfer of ownership, commencing January 2027, if the vehicle meets the following requirements:
2. Is at least 35 model years old;
3. The motor vehicle has been assigned a special identification plate indicating it’s a historical vehicle; and,
4. Is insured as a collector motor vehicle.

EXISTING LAW:

1. Establishes a motor vehicle inspection and maintenance (smog check) program that the Department of Consumer Affairs administers. (Health and Safety Code (HSC) 44003)
2. Requires smog check inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. (HSC 44011)
3. Exempts certain vehicles from being inspected biennially upon renewal of registration, including all motor vehicles manufactured prior to the 1976 model year. (HSC 44011(a)(3))
4. Exempts a collector motor vehicle that is insured as a collector motor vehicle from certain portions of the smog test, both biennially and at transfer, if the vehicle is at least 35 model years old, complies with the exhaust emissions standards for that motor vehicle’s class and model year, and that also passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. (HSC 44011(c))
5. Defines collector motor vehicle as a vehicle that is operated or moved over the highway primarily for the purpose of historical exhibition or other similar purposes. (Vehicle Code (VC) 259)

FISCAL EFFECT: According to the Senate Appropriations Committee, “The Department of Motor Vehicles (DMV) would incur unknown one-time costs, potentially in the mid- to high-hundreds of thousands of dollars, to make IT system changes to allow for the modification of vehicle registration and vehicle transfer service channels to notate vehicle records and provide for certification of smog check exemptions. (Motor Vehicle Account)

Unknown, likely minor to moderate ongoing DMV workload costs to certify that vehicles meet the criteria for the smog check exemption and to process smog check waivers. (Motor Vehicle Account)

Unknown annual loss of smog certification fee revenues, depending on the number of vehicles that meet the eligibility criteria for the smog check exemption established by this bill. This amount could grow annually thereafter as an additional model year would be eligible for the “rolling” exemption each year, should the owners of those vehicles apply for a Historical Vehicle plate and insure their vehicles as collector vehicles. (Vehicle Inspection and Repair Fund)

Unknown increase in fee revenues, to the extent the bill incentivizes vehicle owners to apply for Historical Vehicle special identification plates and pay the one-time $25 fee. (Environmental License Plate Fund)

COMMENTS: Why regulate mobile source emissions? Mobile sources of air pollution are vehicles or equipment that can be moved from place to place and emit pollutants as they operate. These sources include on-road vehicles like cars, trucks, and buses, as well as non-road vehicles such as aircraft, construction equipment, and marine vessels. Mobile sources and the fossil fuels that power them are the largest contributors to the formation of ozone, greenhouse gas (GHG) emissions, fine particulate matter (PM_2.5), and toxic diesel particulate matter (DPM). Statewide, more than 21 million out of over 39 million Californians live in areas that exceed the federal ozone standards; within these areas, there are many low-income and disadvantaged communities that are exposed to not only ozone, but also particulate and toxic, pollutant levels significantly higher than the federal standards which have immediate and detrimental health effects.

In California, mobile sources are responsible for approximately 80% of smog-forming nitrogen oxide (NO_x) emissions. They also represent about 50% of GHG emissions when including emissions from fuel production, and more than 95% of toxic DPM emissions.

The National Ambient Air Quality Standard (NAAQS). The Clean Air Act of 1970 instructs the U.S. Environmental Protection Agency (US EPA) to set primary NAAQS to protect public health, and secondary NAAQS to protect plants, forests, crops and materials from damage due to exposure to six criteria air pollutants. These pollutants include: particulate matter, ozone, nitrogen oxides, sulfur oxides, carbon monoxide, and lead.

Federal law (42 United States Code 7409 and 7410) requires that all states attain the NAAQS and develop State Implementation Plans (SIP) for nonattainment areas to attain the NAAQS, and attainment areas to maintain attainment. Failure of a state to reach attainment of the NAAQS by the target date can trigger penalties, including withholding of federal highway funds.

State law (HSC 39602) requires the California Air Resources Board (CARB) to develop SIP emission reduction strategies for cars, trucks, and other mobile sources to meet the requirements in the Clean Air Act. Local air districts are primarily responsible for controlling emissions from stationary sources such as factories and power plants. CARB coordinates closely with local air districts (such as SCAQMD) in the development of attainment plans which are then incorporated into the SIP.

Older vehicles emit more air pollution. According to the Bureau of Automotive Repair’s (BAR) Smog Check Executive Summary Report for 2024, 935,694 vehicles failed their initial smog check tests, which accounts for 8.6% of the total initial tests conducted. The failure rate for all tests combined was slightly higher at 9.1%. For vehicles 35 years or older (i.e. 1990 or older), the failure rate was 5.6% of the total smog check failures, which translates to approximately 51,935 vehicles.

Older vehicles tend to have higher failure rates due to outdated emissions technology and wear over time. Furthermore, the US EPA’s 2020 Automotive Trends report notes “vehicles from model year 1990 or older emit significantly more GHG compared to 2020 model-year vehicles. On average, older vehicles can emit up to 10 times more GHG per mile than modern vehicles, depending on maintenance and driving conditions.” The report notes this disparity is due to advancements in emissions control technologies, fuel efficiency, and stricter environmental regulations implemented over the years. Lastly, according to CARB, in 2025, a MY 1982 vehicle (with 43 years of deterioration) in compliance with a smog check will have 123 times higher NO_x emissions than a MY 2025 vehicle (0 age).

Smog check and exemptions. Prior to 1998, vehicles model-year (MY) 1973 and earlier were exempt from smog check. Subsequently, SB 42 (Kopp), Chapter 801, Statutes of 1997 established the “30-year rolling exemption,” allowing vehicles to be exempt from smog check once they reached 30 years of age. The Department of Consumer Affairs opposed SB 42, stating that while the initial number of vehicles exempted by the bill was modest, that number was responsible for a significant share of the smog test failure rate of the entire fleet. CARB also opposed the bill, arguing that it would make it even more difficult to attain federal air quality standards in areas such as the South Coast Air Quality Management District.

AB 2683 (Lieber), Chapter 704, Statutes of 2004 repealed the 30-year rolling exemption and instead applied the smog check exemption to vehicles manufactured prior to MY 1976.

Pre-1976 exemption vs. collector car exemption. Current law exempts older cars from smog checks in two ways. First, collector cars are exempted from some portions of smog check, provided they meet the following criteria:

1. The owner must be able to demonstrate that the vehicle is insured as a collector vehicle;
2. The vehicle must be at least 35 years old;
3. The vehicle must comply with exhaust emissions standards for that vehicle’s class and MY; and,
4. The vehicle must pass a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.

Second, a collector vehicle meeting these requirements is exempt from the visual or functional check of emission control devices, including the catalytic converter, but must undergo the other portions of the smog test. The visual check is important because it is generally much easier to tamper with older vehicles’ emissions controls (e.g., to increase engine performance) because older systems are less sophisticated.

According to the author. “SB 712 offers a practical solution for owners of collector vehicles that have difficulty complying with the state’s smog check law. The bill would exempt, on an ongoing basis, collector cars whose model year is 35 years or older from the state’s smog check law. The bill would also exempt classic cars from the smog check program upon transfer of a vehicle. These classic cars are infrequently driven, carefully maintained, and make up only 1% of cars on the road. They are typically owned for their historical significance and collector value.”

Arguments in support. The Specialty Equipment Market Association writes, “SB 712 lowers the bar of entry for prospective car collectors by reducing costs and regulatory burdens. A small fraction (<1%) of the vehicles on the road in California currently meet the age requirement in this bill. Owners of older cars can have a hard time finding smog stations that have the correct equipment and will do it for a reasonable price, because maintaining the BAR-97 emissions equipment required to test these older cars is costly and rarely used.

“SB 712 provides a practical solution that respects the passion of car collectors while maintaining California’s commitment to environmental stewardship. The state can continue to honor its automotive heritage without compromising its air quality goals by exempting these older vehicles from the smog check program.”

Arguments in opposition. A coalition of clean air advocacy groups, including the Natural Resources Defense Council, writes, “The overwhelming majority of Californians breathe air that does not meet federal or state health-based standards. Many California residents live in areas with unhealthy air quality during certain times of the year, which can lead to severe medical conditions, including asthma, lung cancer, and heart disease. Emissions from cars and trucks are the primary cause of our air quality problems, and Smog Check is crucial for reducing these emissions and meeting federal health-based air quality attainment standards. Smog Check has proven to be an equitable and cost-effective way to cut air pollution.

“Currently, all vehicles model year 1975 and older are exempt from Smog Check. SB 712 would create a “rolling exemption” from the Smog Check program for collector motor vehicles that are 35 years old or older. Under the bill, to be exempted, cars would need to be insured as collector vehicles and carry special plates identifying them as “historical” vehicles. There is no consensus for which vehicles are considered collectible, historical, or of special interest, nor does DMV enforce any standards for them. Therefore, the definition of a “collector motor vehicle” is largely self-defined by the vehicle's owner. This means that any motor vehicle that is at least 35 years old may be exempted from Smog Check under this bill. The number of vehicles exempted could be significantly increased based on subjective claims as to a vehicle’s collectability.”

Committee amendments. The author and this Committee have agreed to the following amendments:

Section 3 reads as below. Section 5 is the same language as below, only that it is Section 4000.1 of the Vehicle Code.

SEC. 3. Section 44011 is added to the Health and Safety Code, 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 state’s 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 state’s 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.

(9)  A motor vehicle that is at least 35 model years old and meets the following criteria:

(9)  A motor vehicle that was manufactured prior to the 1981 model year and meets the following criteria:

(A)  The motor vehicle has been assigned a special identification plate indicating that it is a historical vehicle, pursuant to Section 5004 of the Vehicle Code.

(B)  The motor vehicle is insured as a collector motor vehicle. vehicle, as shall be required by regulation of the bureau.

(10)  A motor vehicle exempted pursuant to paragraph (9), as follows:

(A)  On January 1, 2028, paragraph (9) shall apply to a motor vehicle that was manufactured prior to the 1982 model year.

(B)  On January 1, 2029, paragraph (9) shall apply to a motor vehicle that was manufactured prior to the 1983 model year.

(C)  On January 1, 2030, paragraph (9) shall apply to a motor vehicle that was manufactured prior to the 1984 model year.

(D)  On January 1, 2031, paragraph (9) shall apply to a motor vehicle that was manufactured prior to the 1985 model year.

(E)  On January 1, 2032, paragraph (9) shall apply to a motor vehicle that was manufactured prior to the 1986 model year.

(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 vehicle’s class and model year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.

(d)  This section shall become operative on January 1, 2027.

Previous and related legislation. AB 467 (Grayson) 2022, would have exempted a collector of special interest vehicles with designated specialty plates, as provided, from the smog check requirements, as specified, if certain criteria were met, including a requirement that proof that the motor vehicle is insured as a collector motor vehicle is submitted to the Department of Motor Vehicles. This bill was held in the Assembly Transportation Committee.

SB 1239 (Gaines) 2016, would have expanded the existing smog check exemption from pre-1976 model year vehicles to pre-1981 model year vehicles, as specified. This bill was held on the Senate floor.

AB 2683 (Lieber), Chapter 704, Statutes of 2004, repealed the 30-year rolling exemption and instead applied the smog check exemption strictly to vehicles manufactured prior to MY 1976.

SB 42 (Kopp), Chapter 801, Statutes of 1997, established a 30-year rolling exemption, as specified, allowing vehicles to be exempt from smog check tests once the vehicle reached 30 years of age.

REGISTERED SUPPORT / OPPOSITION:

Support

International Historical Commission of the Federation Internationale De L'automobile

San Joaquin County Supervisor Mario Gardea
San Joaquin County Supervisor Robert Rickman
Specialty Equipment Market Association

Twenty-Three Individuals

Oppose

7th Generation Advisors
Active San Gabriel Valley
Alliance of Nurses for Healthy Environments
American Lung Association
Bay Area Air Quality Management District
California Air Pollution Control Officers Association
California Nurses for Environmental Health and Justice
Cleanearth4kids.org
Coalition for Clean Air
National Association of Pediatric Nurse Practitioners, Los Angeles
Natural Resources Defense Council
Physicians for Social Responsibility - San Francisco Bay Area Chapter
Regional Asthma Management and Prevention
San Francisco Bay Physicians for Social Responsibility
Sierra Club

Sally Lieber, Vice Chair, California State Board of Equalization
Union of Concerned Scientists

Analysis Prepared by: Aaron Kurz / TRANS. / (916) 319-2093

 THIRD READING  

Bill No: SB 712

Author: Grove (R), et al.

Amended: 5/28/25

Vote: 21

SENATE TRANSPORTATION COMMITTEE: 12-2, 4/8/25

AYES: Cortese, Strickland, Archuleta, Arreguín, Cervantes, Dahle, Gonzalez, Grayson, Richardson, Seyarto, Umberg, Valladares

NOES: Blakespear, Menjivar

NO VOTE RECORDED: Limón

SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/23/25

AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson

NOES: Wahab

NO VOTE RECORDED: Dahle

SUBJECT: Smog check: motor vehicles: exemption

SOURCE: Author

DIGEST:

This bill, commencing January 1, 2027, removes smog check requirements, as specified, for certain motor vehicles, as defined.

ANALYSIS:

Existing law:

1. Establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs.
2. Requires smog check inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances, as specified.
3. Exempts certain vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year.
4. Exempts a collector motor vehicle that is insured as a collector motor vehicle, from certain portions of the smog test, both biennially and at transfer, including if the vehicle is at least 35 model years old, complies with the exhaust emissions standards for that motor vehicle’s class and model year, as prescribed, and that also passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.
5. Defines collector motor vehicle as a vehicle that is operated or moved over the highway primarily for the purpose of historical exhibition or other similar purposes, as specified.

This bill:

1. Commencing January 1, 2027, exempts certain motor vehicles from smog check requirements for both biennial inspections and for the initial registration / transfer of ownership if the vehicle meets the following requirements:
   1. Is at least 35 model years (MY) old;
   2. The motor vehicle has been assigned a special identification plate indicating it’s an historical vehicle, as defined; and,
   3. Is insured as a collector motor vehicle.
2. Establishes the provisions specified in this bill be known as “Leno’s Law.”

Comments

1. Purpose of this bill. According to the author, “SB 712 offers a practical solution for owners of collector vehicles that have difficulty complying with the state’s smog check law. The bill would exempt, on an ongoing basis, collector cars whose model year is 35 years or older from the state’s smog check law. The bill would also exempt classic cars from the smog check program upon transfer of a vehicle. These classic cars are infrequently driven, carefully maintained, and make up only a fraction of cars on the road. They are typically owned for their historical significance and collector value.”
2. Background on smog check exemptions. Prior to 1998, vehicles MY 1973 and earlier were exempt from smog check. Subsequently, SB 42 (Kopp, Chapter 801, Statutes of 1997) established the “30-year rolling exemption,” allowing vehicles to “graduate” from smog check once they reached 30 years of age. The Department of Consumer Affairs opposed SB 42, stating that while the initial number of vehicles exempted by ths bill was modest, that number was responsible for a significant share of the smog test failure rates of the entire fleet. The California Air Resources Board (CARB) also opposed this bill, arguing that it would make it even more difficult to attain federal air quality standards in areas such as the South Coast Air Quality Management District. In 2004, the Legislature passed and the Governor signed AB 2683 (Lieber, Chapter 704, Statutes of 2004). AB 2683 repealed the 30-year rolling exemption and instead applied the smog check exemption strictly to vehicles manufactured prior to MY 1976.
3. Pre-1976 exemption vs. collector car exemption. Existing law includes two separate types of smog check exemptions relating to older cars. First, collector cars are exempted from some portions of smog check, provided they meet certain criteria: the owner must be able to demonstrate that the vehicle is insured as a collector vehicle; the vehicle must be at least 35 years old; the vehicle must comply with exhaust emissions standards for that vehicle’s class and MY; and the vehicle must pass a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. A collector vehicle meeting these requirements is exempt from the visual or functional check of emission control devices, including the catalytic converter, but must undergo the other portions of the smog test. The visual check is important because it is generally much easier to tamper with older vehicles’ emissions controls — e.g., to increase engine performance — because older systems are much less sophisticated.
4. Older vehicles emit more greenhouse gases (GHGs). According to the California Bureau of Automotive Repair's Smog Check Executive Summary Report for 2024, 935,694 vehicles failed their initial smog check tests, which accounts for 8.60% of the total initial tests conducted. The failure rate for all tests combined was slightly higher at 9.09%. Specifically for vehicles 35 years or older (i.e. 1990 or older), the failure rate was 5.55% of the total smog check failures, which translates to approximately 51,935 vehicles. These older vehicles tend to have higher failure rates due to outdated emissions technology and wear / usage over time. Furthermore, the United States Environmental Protection Agency’s 2020 Automotive Trends report notes “vehicles from model year 1990 or older emit significantly more greenhouse gases (GHG) compared to 2020 model-year vehicles. On average, older vehicles can emit up to 10 times more GHGs per mile than modern vehicles, depending on maintenance and driving conditions.” The report notes this disparity is due to advancements in emissions control technologies, fuel efficiency, and stricter environmental regulations implemented over the years. Lastly, according to CARB, in 2025, a MY 1982 vehicle (with 43 years of deterioration), will have 123 times higher nitrogen oxides (NOx) emissions than a MY 2025 vehicle (0 age).

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• The Department of Motor Vehicles (DMV) would incur unknown one-time costs, potentially in the mid- to high-hundreds of thousands of dollars, to make information technology (IT) system changes to allow for the modification of vehicle registration and vehicle transfer service channels to notate vehicle records and provide for certification of smog check exemptions. (Motor Vehicle Account)
  
• Unknown, likely minor to moderate ongoing DMV workload costs to certify that vehicles meet the criteria for the smog check exemption and to process smog check waivers. (Motor Vehicle Account)
  
• Unknown annual loss of smog certification fee revenues, depending on the number of vehicles that meet the eligibility criteria for the smog check exemption established by this bill. This amount could grow annually thereafter as an additional model year would be eligible for the “rolling” exemption each year, should the owners of those vehicles apply for a Historical Vehicle plate and insure their vehicles as collector vehicles. (Vehicle Inspection and Repair Fund)
  
• Unknown increase in fee revenues, to the extent the bill incentivizes vehicle owners to apply for Historical Vehicle special identification plates and pay the one-time $25 fee. (Environmental License Plate Fund)

SUPPORT: (Verified 5/28/25)

Bakersfield Car Club Council, INC.
California Automotive Wholesalers' Association
Californians for Classic Car Smog Exemptions
City of Clovis
City of Clovis Councilmember Drew Bessinger
Classic Corvairs of River City
Corvettes of Bakersfield
Disabled Veteran Empowerment Network
Field Vineyards
Hb Car Club
Heritage Garage
Jay Leno
Johanson Transportation Service
Kern County Supervisor 2nd District
Mariposa Lions Club
Monica Burcelis
Monterey County Office of Supervisor Luis A. Alejo
Noel Burcelis
Northern California Region of the Pierce-arrow Society
Orange County Model a Ford Club
Over the Hill Gang San Diego
Petersen Automotive Museum
Road Kings of Burbank CA
Russell Gibbon (Individual)
Sacramento Lowrider Commission
San Diego Car Enthusiasts
San Diego County Supervisor Joel Anderson's Office
San Diego Region of The Antique Automobile Club of America
San Joaquin County Supervisor Mario Gardea
San Joaquin County Supervisor Robert Rickman
Santa Barbara Woodie Club
Santa Clara Valley Model T Ford Club
South Orange County Rods & Customs
Specialty Equipment Market Association (SEMA)
The Prescott Collection
United British Sports Cars Club

OPPOSITION: (Verified 5/28/25)

7th Generation Advisors
Active San Gabriel Valley
American Lung Association in California
Bay Area Air Quality Management District
California Air Pollution Control Officers Association
Cleanearth4kids.org
Coalition for Clean Air
Physicians for Social Responsibility - San Francisco Bay Area Chapter
Regional Asthma Management and Prevention (RAMP)
San Francisco Bay Physicians for Social Responsibility
Union of Concerned Scientists

Prepared by: Manny Leon / TRANS. / (916) 651-4121

5/28/25 17:34:44

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SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

SB 712 (Grove) - Smog check: collector motor vehicles: exemption

Bill Summary:

SB 712 would provide a full exemption from smog check requirements for collector motor vehicles that are at least 35 years old, as specified, and delete the current partial exemption for collector motor vehicles that are at least 35 years old and insured as collector vehicles.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 23, 2025

Fiscal Impact:

• The Department of Motor Vehicles (DMV) would incur unknown one-time costs, potentially in the mid- to high-hundreds of thousands of dollars, to make IT system changes to allow for the modification of vehicle registration and vehicle transfer service channels to notate vehicle records and provide for certification of smog check exemptions. (Motor Vehicle Account)
  
• Unknown, likely minor to moderate ongoing DMV workload costs to certify that vehicles meet the criteria for the smog check exemption and to process smog check waivers. (Motor Vehicle Account)
  
• Unknown annual loss of smog certification fee revenues, depending on the number of vehicles that meet the eligibility criteria for the smog check exemption established by this bill. This amount could grow annually thereafter as an additional model year would be eligible for the “rolling” exemption each year, should the owners of those vehicles apply for a Historical Vehicle plate and insure their vehicles as collector vehicles. (Vehicle Inspection and Repair Fund)
  
• Unknown increase in fee revenues, to the extent the bill incentivizes vehicle owners to apply for Historical Vehicle special identification plates and pay the one-time $25 fee. (Environmental License Plate Fund)

Author Amendments:

Delay implementation of the bill until January 1, 2027, and add co-authors.

Committee Amendments:

• Restore to existing law provisions that provide a partial smog check exemption for collector motor vehicles that are at least 35 years old and insured as collector vehicles.
• Delete provisions that provide a smog check exemption for collector motor vehicles that are at least 35 years old.
• Provide a smog check exemption for a motor vehicle that meets the following criteria:
  • The vehicle is at least 35 years old.
  • The vehicle has been issued a “Historical Vehicle” special identification plate.
  • The vehicle is insured as a collector vehicle.
    

-- END --

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

SB 712 (Grove) - Smog check: collector motor vehicles: exemption

Bill Summary:

SB 712 would provide a full exemption from smog check requirements for collector motor vehicles that are at least 35 years old, as specified, and delete the current partial exemption for collector motor vehicles that are at least 35 years old and insured as collector vehicles.

Fiscal Impact:

• The Department of Motor Vehicles (DMV) would incur unknown one-time costs, likely in the mid- to high-hundreds of thousands of dollars, to make IT system changes to allow for the modification of vehicle registration and vehicle transfer service channels to allow a registered owner to certify that the owner is a “collector” and the vehicle will be used as a “collector motor vehicle,” as specified. Staff notes that DMV would be unable to make the necessary programming changes by the operative date of this bill. See Staff Comments. (Motor Vehicle Account)
  
• Unknown ongoing DMV workload costs, likely in the low hundreds of thousands of dollars annually, to process smog check waivers for collector motor vehicles. (Motor Vehicle Account)
  
• Unknown, likely significant annual loss of smog certification fee revenues, depending on the number of vehicles that are designated as collector motor vehicles eligible for the smog check exemption established by this bill. This amount would grow annually thereafter as an additional model year would be eligible for the “rolling” exemption each year. See Staff Comments. (Vehicle Inspection and Repair Fund)

Background:

Existing law establishes the Motor Vehicle Inspection Program, commonly known as the smog check program, as a means to measure motor vehicle related pollutants. The program is administered by the Bureau of Automotive Repair (BAR) and generally requires gas-powered motor vehicles to pass a biennial smog check inspection with specified exceptions, such as vehicles manufactured prior to the 1976 model year, alternative fuel vehicles, and vehicles eight model years old or newer. An $8.25 smog check certificate fee is assessed on vehicles once they pass a smog check. As a condition of initial registration, upon change of ownership, and biennially upon renewal of vehicle registration, the vehicle owner must submit to DMV a valid certificate of compliance indicating that the vehicle has passed its smog inspection.

Existing law defines a “collector” as the owner of one or more vehicles of historic value, as specified, or one or more special interest vehicles, who collects, purchases, acquires, trades, or disposes of the vehicle, or parts thereof, for his or her own use, in order to preserve, restore, and maintain the vehicle for hobby or historical purposes. Existing law defines a “collector motor vehicle” as a motor vehicle owned by a collector that is used primarily in shows, parades, charitable functions, and historical exhibitions for display, maintenance, and preservation, and is not used primarily for transportation. Existing law provides a partial smog check exemption for some collector vehicles. Specifically, a collector motor vehicle is exempt from the visual and functional inspection of emission controls if it is at least 35 years old, and the owner can demonstrate that the vehicle is insured as a collector vehicle. These vehicles must still pass a functional inspection of the fuel cap, a visual inspection for liquid fuel leaks, and a tailpipe emissions test to ensure compliance with the exhaust emission standards for that vehicle’s class and model year.

Prior to 1998, vehicles with a 1973 model year and older were exempt from smog check requirements. Subsequently, SB 42 (Kopp), Chap. 801/1997 established a “rolling exemption” for vehicles that were 30 years of age and older. This rolling exemption was repealed with the passage of AB 2683 (Lieber), Chap. 704/2004, which instead established the current standing exemption for vehicles that are manufactured prior to the 1976 model year. Opponents of the prior “rolling exemption” expressed concerns about the significant impacts to air quality, noting that the relatively small number of older vehicles qualifying for the exemption were responsible for a disproportionate share of vehicle emissions.

The United States Environmental Protection Agency’s 2020 Automotive Trends report notes “vehicles from model year 1990 or older emit significantly more greenhouse gases (GHG) compared to 2020 model-year vehicles. On average, older vehicles can emit up to 10 times more GHGs per mile than modern vehicles, depending on maintenance and driving conditions.” The report notes this disparity is due to advancements in emissions control technologies, fuel efficiency, and stricter environmental regulations implemented over the years. The California Air Resources Board (CARB) notes that a model year 1982 vehicle (with 43 years of deterioration), will have 123 times higher nitrogen oxides (NOx) emissions than a brand new model year 2025 vehicle.

Proposed Law:

SB 712 would delete the current partial smog check exemption for collector motor vehicles that are at least 35 years old and insured as collector vehicles, and instead fully exempt all collector motor vehicles that are at least 35 years old from smog check requirements.

Related Legislation:

AB 467 (Grayson), which was referred to the Assembly Transportation Committee in 2022 but never heard, would have exempted a collector/special interest vehicle with designated specialty plates from smog check requirements, if certain criteria were met, including submission of proof that the vehicle is insured as a collector motor vehicle to DMV.

SB 1239 (Gaines), which failed passage on the Senate Floor in 2016, would have provided an exemption from smog check requirements for motor vehicles with a model year of 1976-1980 until January 1, 2019, if the owner submits proof that the vehicle is insured as a collector car.

AB 2683 (Lieber), Chap. 704/2002, repealed a “rolling” smog check exemption for vehicles that were 30 years of age and older, and established an exemption for vehicles manufactured prior to 1976.

SB 42 (Kopp), Chap. 801/1997, established a “rolling” smog check exemption for vehicles that were 30 years of age or older, as specified.

Staff Comments:

BAR data indicates that approximately 342,000 vehicles with a 1976-1990 model year were given smog check tests over the past two years. Approximately 68,000 of those vehicles, or 20% of all vehicles with those model years, failed the smog check. Staff notes that the bill does not specify any requirements for certification or attestation that a vehicle meets the requirements to be designated as a collector motor vehicle, but it is likely that the bill would create an incentive for vehicle owners to self-certify and designate their vehicles as collector motor vehicles to avoid smog check requirements.

Staff notes that a “collector motor vehicle” is not a permanent vehicle characteristic, but rather depends upon ownership (by a collector) and intended use. As such, DMV indicates that the bill would require the department to modify its vehicle registration renewal and transfer service channels to allow the registered owner to certify that the vehicle is owned by a “collector” and will be used as a “collector motor vehicle.” DMV would incur one-time IT programming costs to modify the vehicle registration records to collect and maintain this status, and provide for a process to validate this status biennially for registration renewals and upon transfer of ownership. These costs are currently unknown, as DMV is currently undertaking a multi-year IT modernization effort (the Digital eXperience Project, or DXP), but would likely be in the mid- to high-hundreds of thousands of dollars, considering the number of service channels that must be modified (online, mail, self-service kiosks, and in-person). Staff notes that DMV would be unable to make the necessary programming changes by the January 1, 2026 operative date of these requirements.

DMV indicates that it would also incur ongoing workload costs to process smog check waivers for vehicles designated as collector motor vehicles. The magnitude of this workload is under development, but anticipated to be in the low hundreds of thousands of dollars annually. Staff notes that the bill does not include any cost recovery mechanism to offset DMV costs, such as a fee to process transactions certifying eligibility for the smog check exemption.

The Motor Vehicle Account (MVA) is the primary funding source for the California Highway Patrol and DMV. The Legislative Analyst’s Office (LAO) published a report last year as part of its analysis of the Governor’s proposed 2024-25 Budget entitled “Insolvency Risks for Environmental and Transportation Special Funds” that includes an evaluation of the MVA. The report notes that between 2018-19 and 2023-24, MVA revenues have increased by $714 million while expenditures have increased by about $1 billion, and since 2021-22, annual expenditures have exceeded yearly revenues, resulting in a structural imbalance. The MVA is expected to fully exhaust its reserves in in 2025-26, with expenditures expected to exceed available resources by roughly $140 million. Staff notes that the Governor’s proposed 2025-26 Budget would address the issue on a one-time basis by transferring $85 million from the Air Pollution Control Fund and $81 million from the Greenhouse Gas Reduction Fund to the MVA to support the California Air Resources Board's Mobile Source Program, which has received MVA support in the past. Absent further actions to address the MVA fund condition, approving any new proposals that would increase MVA expenditures would exacerbate the current structural imbalance of the fund.

Existing law requires a vehicle owner subject to smog check requirements to pay a fee of $8.25, upon passage of a smog test. Over the past two years, an average of approximately 170,000 vehicles with a 1976-1990 model year were subject to the smog check testing requirements. By creating a “rolling” exemption from smog check requirements for collector motor vehicles, the bill would result in a loss of smog certificate revenues, depending on the number of vehicles that would be subject to the bill’s exemption. It is unclear how many vehicle owners would claim the exemption when a vehicle is registered or upon transfer of ownership, so the magnitude of the revenue losses is unknown. As an illustrative example, if a smog check exemption were claimed for 20% of 1976-1990 model year vehicles, the initial revenue losses would be $280,500. Smog certificate revenue losses would grow annually as an additional model year vehicle would be eligible for the “rolling” exemption each year.

Smog certificate revenues are deposited into the Vehicle Inspection and Repair Fund (VIRF, Fund #0421). According to the Fund Condition Statement for the VIRF, the fund has a healthy reserve of over $100 million. Staff notes that the VIRF has been the source of numerous loans to other special funds and the General Fund in recent budget years, including $46 million to other licensing boards under the Department of Consumer Affairs, and $30 million to the General Fund.

As noted above, older vehicles are typically higher polluters and have a disproportionate impact on air quality, even though they make up a very small percentage of the registered vehicles in the state. The smog check program is a measure included in the State Implementation Plan to achieve federal ozone and particulate matter standards in non-attainment areas. To the extent this bill’s “rolling” exemption results in a significant loss of emission reductions, CARB would need to conduct analysis to identify, develop, and implement substitute emission control measures to make up for those lost emission reductions. Costs to complete that work would be significant.

-- END --

SENATE COMMITTEE ON TRANSPORTATION

Senator Dave Cortese, Chair

2025 - 2026 Regular

Bill No: SB 712 Hearing Date: 4/8/25

SUBJECT: Smog check: collector motor vehicles: exemption

DIGEST: This bill removes smog check requirements, as specified, for collector motor vehicles, as defined.

ANALYSIS:

Existing law:

1. Establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs.
2. Requires smog check inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances, as specified.
3. Exempts certain vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year.
4. Exempts a collector motor vehicle that is insured as a collector motor vehicle, from certain portions of the smog test, both biennially and at transfer, including the vehicle is at least 35 model years old, complies with the exhaust emissions standards for that motor vehicle’s class and model year, as prescribed, and that also passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.
5. Defines collector motor vehicle as a vehicle that is operated or moved over the highway primarily for the purpose of historical exhibition or other similar purposes, as specified.

This bill:

1. Deletes the abovementioned partial smog check exemption for collector motor vehicles, as defined.
2. Further exempts a collector motor vehicle from smog check requirements for both biennially inspections and for the transfer of ownership if the vehicle is at least 35 model years old.

COMMENTS:

1. Purpose of the bill: According to the author, “SB 712 offers a practical solution for owners of collector vehicles that have difficulty complying with the state’s smog check law. The bill would exempt, on an ongoing basis, collector cars whose model year is 35 years or older from the state’s smog check law. The bill would also exempt classic cars from the smog check program upon transfer of a vehicle. These classic cars are infrequently driven, carefully maintained, and make up only a fraction of cars on the road. They are typically owned for their historical significance and collector value.”
2. Background on smog check exemptions. Prior to 1998, vehicles model-year (MY) 1973 and earlier were exempt from smog check. Subsequently, SB 42 (Kopp, Chapter 801, Statutes of 1997) established the “30-year rolling exemption,” allowing vehicles to “graduate” from smog check once they reached 30 years of age. The Department of Consumer Affairs opposed SB 42, stating that while the initial number of vehicles exempted by the bill was modest, that number was responsible for a significant share of the smog test failure rate of the entire fleet. The California Air Resources Board (ARB) also opposed the bill, arguing that it would make it even more difficult to attain federal air quality standards in areas such as the South Coast Air Quality Management District. In 2004, the Legislature passed and the Governor signed AB 2683 (Lieber, Chapter 704, Statutes of 2004). AB 2683 repealed the 30-year rolling exemption and instead applied the smog check exemption strictly to vehicles manufactured prior to MY 1976.
3. Pre-1976 exemption vs. collector car exemption. Existing law includes two separate types of smog check exemptions relating to older cars. First, collector cars are exempted from some portions of smog check, provided they meet certain criteria: the owner must be able to demonstrate that the vehicle is insured as a collector vehicle; the vehicle must be at least 35 years old; the vehicle must comply with exhaust emissions standards for that vehicle’s class and MY; and the vehicle must pass a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. A collector vehicle meeting these requirements is exempt from the visual or functional check of emission control devices, including the catalytic converter, but must undergo the other portions of the smog test. The visual check is important because it is generally much easier to tamper with older vehicles’ emissions controls — e.g., to increase engine performance — because older systems are much less sophisticated.
4. Older vehicles emit more GHGs. According to the California Bureau of Automotive Repair's Smog Check Executive Summary Report for 2024, 935,694 vehicles failed their initial smog check tests, which accounts for 8.60% of the total initial tests conducted. The failure rate for all tests combined was slightly higher at 9.09%. Specifically for vehicles 35 years or older (i.e. 1990 or older), the failure rate was 5.55% of the total smog check failures, which translates to approximately 51,935 vehicles. These older vehicles tend to have higher failure rates due to outdated emissions technology and wear / usage over time. Furthermore, the United States Environmental Protection Agency’s 2020 Automotive Trends report notes “vehicles from model year 1990 or older emit significantly more greenhouse gases (GHG) compared to 2020 model-year vehicles. On average, older vehicles can emit up to 10 times more GHGs per mile than modern vehicles, depending on maintenance and driving conditions.” The report notes this disparity is due to advancements in emissions control technologies, fuel efficiency, and stricter environmental regulations implemented over the years. Lastly, according to the CARB, in 2025, a MY 1982 vehicle (with 43 years of deterioration), will have 123 times higher nitrogen oxides (NOx) emissions than a MY 2025 vehicle (0 age).
5. Reestablishing the “rolling exemption” for certain vehicles. This bill proposes to eliminate the partial smog check inspection process and also demonstration of proof that the vehicle is insured as collector motor vehicle. Thus, in turn, ultimately removing all checks to ensure a vehicle is in fact a “collector vehicle” and has not been illegally modified in any way. Additionally, this measure, in its current form, also establishes a “rolling exemption” where a vehicle MY 35 years or older would now be granted the full smog check exemption with no safeguards to ensure the vehicle qualifies as a “collector vehicle.”

Related/PREVIOUS Legislation:

AB 467 (Grayson, 2022), would have exempted a collector / special interest vehicles with designated specialty plates, as provided, from the smog check requirements, as specified, if certain criteria were met, including a requirement that proof that the motor vehicle is insured as a collector motor vehicle is submitted to the Department of Motor Vehicles. This bill was held in the Assembly Transportation Committee.

SB 1239 (Gaines, 2016), would have expanded the existing smog check exemption from pre-1976 model year vehicles to pre-1981 model year vehicles, as specified. This bill was held on the Senate floor.

AB 2683 (Lieber, Chapter 704, Statutes of 2004), repealed the 30-year rolling exemption and instead applied the smog check exemption strictly to vehicles manufactured prior to MY 1976.

SB 42 (Kopp, Chapter 801, Statutes of 1997), established a 30-year rolling exemption, as specified, allowing vehicles to be exempt from smog check tests once the vehicle reached 30 years of age.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

April 2, 2025.)

SUPPORT:

Bakersfield Car Club Council, INC.
Californians for Classic Car Smog Exemptions
City of Clovis
City of Clovis Councilmember Drew Bessinger
Classic Corvairs of River City
Disabled Veteran Empowerment Network
Hb Car Club
Heritage Garage
Jay Leno (Individual)
Mariposa Lions Club
Monica Burcelis (Individual)
Noel Burcelis (Individual)
Over the Hill Gang San Diego
Petersen Automotive Museum
Road Kings of Burbank CA

Russell Gibbon (Individual)
Sacramento Lowrider Commission
San Diego Region of The Antique Automobile Club of America
San Joaquin County Supervisor Mario Gardea
San Joaquin County Supervisor Robert Rickman
Santa Barbara Woodie Club
Santa Clara Valley Model T Ford Club
Specialty Equipment Market Association (SEMA)
United British Sports Cars Club

OPPOSITION:

7th Generation Advisors
Active San Gabriel Valley
American Lung Association in California
Bay Area Air Quality Management District
California Air Pollution Control Officers Association
Cleanearth4kids.org
Coalition for Clean Air
Physicians for Social Responsibility - San Francisco Bay Area Chapter
Regional Asthma Management and Prevention (RAMP)
San Francisco Bay Physicians for Social Responsibility

ARGUMENTS IN SUPPORT: According to the Specialty Equipment Market Association, “SB 712 lowers the bar of entry for prospective car collectors by reducing cost and regulatory burdens. A small fraction (1.5%) of the vehicles on the road in California currently meet the age requirement in this bill. Owners of older cars can have a hard time finding smog stations that have the correct equipment and will do it for a reasonable price, because maintaining the BAR 97 emissions equipment required to test these older cars is costly and rarely used. Only 7% of California smog checks are performed on pre-1995 vehicles, and most STAR-certified stations test fewer than one of these vehicles per day. SB 712 provides a practical solution that respects the passion of car collectors while maintaining California’s commitment to environmental stewardship. The state can continue to honor its automotive heritage without compromising its air quality goals by exempting these older vehicles from the smog check program.”

ARGUMENTS IN OPPOSITION: According to the California Air Pollution Control Officers Association, “(w)e are concerned that the bill will result in a significant increase in the number of vehicles exempt from Smog Check, leading to substantial emissions of criteria pollutants, toxic air contaminants, and greenhouse gases. For example, California Air Resources Board data shows a new 1982 passenger car has approximately 97 times higher NOx emissions than a new 2025 model year passenger car. In the current calendar year, assuming the 1982 vehicle complies with Smog Check, it would emit approximately 123 times the NOx emissions of a 2025 passenger car. This increase is due to the expected degradation of the vehicle’s emissions control systems, which the Smog Check program takes into consideration. Assuming the 1982 car is driven just 3,000 miles a year, at 123 times the NOx emissions, it is equivalent to a 2025 passenger car being driven 369,000 miles a year.”

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