AMENDED IN SENATE APRIL 8, 2008
AMENDED IN SENATE MARCH 24, 2008
INTRODUCED BY Senator Florez
FEBRUARY 22, 2008
An act to repeal and amend Section 44013 of the Health and Safety
Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 1573, as amended, Florez. Smog check program: emission
Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs that provides for the inspection of motor vehicles
upon registration, biennially upon renewal of registration, upon
transfer of ownership, and in certain other circumstances. The
department, in consultation with the State Air Resources Board, is
required to prescribe emission standards to be applied in inspecting
motor vehicles under the program.
This bill would instead require the state board, in consultation
with the department, to prescribe these emission standards. The
department would be responsible for implementing and enforcing these
standards. The bill would repeal other obsolete and duplicative
provisions of law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44013 of the Health and Safety Code, as amended
by Section 15 of Chapter 27 of the Statutes of 1994, is amended to
44013. (a) (1) The state board, in cooperation with the
department, shall prescribe maximum emission standards to be applied
in inspecting motor vehicles under this chapter.
(2) In prescribing the standards, the state board shall undertake
studies and experiments that are necessary and feasible, evaluate
available data, and confer with automotive engineers.
(3) The standards shall be set at a level reasonably achievable
for each class and model of motor vehicle when operating in a
reasonably sound mechanical condition, allowing for the effects of
installed motor vehicle pollution control devices and the motor
vehicle's age and total mileage.
(4) The standards shall be designed so that motor vehicles
failing the test specified in Section 44012 will be operated, as soon
as possible, with a substantial reduction in emissions, and shall be
revised from time to time as experience justifies.
(5) The department shall implement and enforce regulations adopted
by the state board pursuant to this subdivision.
(b) The department, in cooperation with the state board, shall
research and prescribe test procedures to be applied in inspecting
motor vehicles under this chapter, which procedures shall be simple,
cost-effective, and consistent with Section 44012. The department may
revise the test procedures from time to time as experience
justifies. To the extent that any test procedure revision requires
new equipment, or a change in equipment, at licensed smog check
stations, the department shall provide a reasonable period of time
for the acquisition and installation of that new or changed
(c) Notwithstanding any other provision of this chapter, the
maximum emission standards and test procedures prescribed in
subdivisions (a) and (b) for a motor vehicle class and model-year
shall not be more stringent than the emission standards and test
procedures under which that motor vehicle's class and model-year was
certified. Emission standards and test procedures prescribed by the
state board and the department shall ensure that not more than 5
percent of the vehicles or engines, that would otherwise meet the
requirements of this part, will fail the inspection and maintenance
test for that class of vehicle or engine.
SEC. 2. Section 44013 of the Health and Safety Code, as amended by
Section 22 of Chapter 1192 of the Statutes of 1994, is repealed.
SEC. 3. Section 44013 of the Health and Safety Code, as added by
Section 22.5 of Chapter 1192 of the Statutes of 1994, is repealed.