California Assembly Bill AB1858 Amended / Bill

 BILL NUMBER: AB 1858AMENDED BILL TEXT AMENDED IN SENATE AUGUST 1, 2016 AMENDED IN ASSEMBLY MAY 27, 2016 INTRODUCED BY Assembly Member Santiago FEBRUARY 10, 2016 An act to add and repeal Section 11545 of the Vehicle Code, relating to vehicle dismantling. LEGISLATIVE COUNSEL'S DIGEST AB 1858, as amended, Santiago. Automobile dismantling: task force. Existing law establishes the Department of Motor Vehicles, the State Board of Equalization, and the California Environmental Protection Agency, and prescribes the powers and duties of those state agencies. Under existing law, it is unlawful for any person to act as an automobile dismantler without having an established place of business, meeting specified requirements, and having a current, valid license or temporary permit issued by the Department of Motor Vehicles. This bill would, until January 1,  2019,   2020,  require the department to  establish an Unlicensed Automobile Dismantling Task Force comprised of representatives of the department, the State Board of Equalization, and the California Environmental Protection Agency. The bill would require the task force to collaborate to investigate the occurrences of unlicensed vehicle dismantling in violation of those provisions, including resulting tax evasion and environmental damage.   collaborate with the State Board of Equalization, the California Environmental Protection Agency, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and the State Air Resources Board to review and coordinate enforcement and compliance activity related to unlicensed, unregulated, and underground automobile dismantling, including resulting tax evasion, environmental impacts, and public health impacts.  The bill would require the  task force,   department, in consultation with those agencies,  on or before  March 1, 2018,   January 1, 2019,  to submit a report to the Legislature including specified  information pertaining to the task force's activities.   information.  The bill would state related findings and declarations of the Legislature. 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. The Legislature finds and declares the following: (a) Automobile dismantlers are occupationally licensed by the Department of Motor Vehicles to provide an essential service that directly addresses society's increasing challenge of what to do with end-of-life vehicles. (b) Automobile dismantlers face an array of costly yet necessary requirements to properly process end-of-life vehicles, including, but not limited to, safely removing and recycling unused gasoline, brake fluid, engine oil, transmission fluid, antifreeze,  catalytic converters,  tires, mercury switches,  lead acid  batteries, and freon. (c) Automobile dismantlers are small and medium sized businesses regulated by over a dozen state, local, and federal agencies with jurisdiction over water quality, hazardous materials, air quality, worker safety, payment of taxes, and vehicle titling requirements. (d) Unlicensed automobile dismantlers  operate in the underground economy and  do not  face the same   comply with the licensing requirements, environmental regulatory requirements, insurance obligations, workplace safety requirements, and tax liability  as required by law for   that  licensed automobile  dismantlers.   dismantlers comply with.  (e) The impact of unlicensed and unregulated automobile dismantling and limited enforcement activity has led to alack of compliance with dismantler laws, environmental requirements, and payment of taxes.   (f)   (e)  It is the intent of the Legislature to enact legislation to  establish a multiagency task force   require state agencies  to collaborate in combating  unlicensed and unregulated   unlicensed, unregulated, and underground  automobile dismantling for the purposes of investigating environmental quality issues and tax evasion that are occurring as a result of this activity and the lack of enforcement. SEC. 2. Section 11545 is added to the Vehicle Code, to read: 11545. (a) The department shall  establish an Unlicensed Automobile Dismantling Task Force comprised of representatives of the department, the State Board of Equalization, and the California Environmental Protection Agency.   collaborate with the State Board of Equalization, the California Environmental Protection Agency, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and the State Air Resources Board to review and coordinate enforcement and com   pliance activity related to unlicensed, unregulated, and underground automobile   dismantling, including resulting tax evasion, environmental impacts, and public health impacts.   (b) The task force shall collaborate to investigate the occurrences of unlicensed automobile dismantling in violation of this chapter, including resulting tax evasion and environmental damage.   (b) The State Board of Equalization, the California Environmental Protection Agency, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and the State Air Resources Board shall provide enforcement and the necessary resources to the department for the investigation and reporting of the activities outlined in this section.   (c) The department, along with the agencies listed in subdivision (a), may collaborate with and solicit information from district attorneys, certified unified program agencies, code enforcement agencies, and any other federal, state, or local agencies with jurisdictions over unlicensed, unregulated, and underground automobile dismantlers to achieve the purposes of this section.   (d) The department, in consultation with the agencies listed in subdivision (a), shall establish a public outreach effort for soliciting referrals from the public, including, but not limited to, an advertised telephone hotline lead, referral form, and other methods to identify and report unlicensed activity.   (c)   (e)  (1) On or before  March 1, 2018, the task force   January 1, 2019, the department, in collaboration with the State Board of Equalization, the California Protection Agency, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and the State Air Resources Board,  shall submit a report to the Legislature  including the following information:   including, but not limited to, the following:   (A) The number of leads or complaints received by the task force.   (B)   (A)  The number of  complaints   unlicensed dismantlers  investigated and  complaints   the number of investigations  that resulted in  an administrative enforcement action,  a civil  action   enforcement action,  or criminal prosecution.  (B) Any identified statutory or regulatory gaps for investigating and prosecuting unlicensed automobile dismantlers.   (C) Information on how vehicles are acquired by unlicensed dismantlers, places where unlicensed activity is suspected or known to occur, and the types of facilities where unlicensed activity tends to occur.   (D) A summary of the barriers to adequate and efficient enforcement of environmental, tax, and licensing statutes and regulations against unlicensed dismantlers.   (E) Proposed strategies for bringing unlicensed dismantlers into compliance through compliance assistance, education and training, or other identified methods.   (C)   (F)  Recommendations for modifying, eliminating, or continuing the  task force's activities.   coordinated enforcement and compliance activities pursuant to this section.   (D)   (G)  Recommendations for statutory or regulatory changes, or both, needed to better allow for enforcement against unlicensed automobile dismantlers. (2) The report required by this subdivision shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.  (d)   (f)  This section shall remain in effect only until January 1,  2019,   2020,  and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,  2019,   2020,  deletes or extends that date.