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| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 467Introduced by Assembly Member GraysonFebruary 08, 2021 An act to amend Section 44011 of the Health and Safety Code, relating to vehicular air pollution. LEGISLATIVE COUNSEL'S DIGESTAB 467, as introduced, Grayson. Smog check: exemption: historic vehicles.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, except as provided, exempts motor vehicles that meet certain requirements from being inspected biennially upon renewal of registration. Existing law requires the Department of Motor Vehicles, upon application, to issue a specialty license plate to an owner of a motor vehicle that is operated primarily for purposes of historical exhibition or other similar purposes and the vehicle meets certain requirements.This bill would exempt a motor vehicle for which a specialty plate described above has been issued from the requirement that it be inspected biennially upon registration.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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.(9) All motor vehicles that have a license plate issued in accordance with Section 5004 of the Vehicle Code.(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. | |
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| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 467Introduced by Assembly Member GraysonFebruary 08, 2021 An act to amend Section 44011 of the Health and Safety Code, relating to vehicular air pollution. LEGISLATIVE COUNSEL'S DIGESTAB 467, as introduced, Grayson. Smog check: exemption: historic vehicles.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, except as provided, exempts motor vehicles that meet certain requirements from being inspected biennially upon renewal of registration. Existing law requires the Department of Motor Vehicles, upon application, to issue a specialty license plate to an owner of a motor vehicle that is operated primarily for purposes of historical exhibition or other similar purposes and the vehicle meets certain requirements.This bill would exempt a motor vehicle for which a specialty plate described above has been issued from the requirement that it be inspected biennially upon registration.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly January 03, 2022 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly January 03, 2022 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 467 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member GraysonFebruary 08, 2021 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Grayson | |
| 18 | 18 | February 08, 2021 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 44011 of the Health and Safety Code, relating to vehicular air pollution. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 467, as | |
| 26 | + | AB 467, as introduced, Grayson. Smog check: exemption: historic vehicles. | |
| 27 | 27 | ||
| 28 | - | 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, except as provided, exempts motor vehicles that meet certain requirements from being inspected biennially upon renewal of registration. Existing law requires the Department of Motor Vehicles, upon application, to issue a specialty license plate to an owner of a motor vehicle that is operated primarily for purposes of historical exhibition or other similar purposes and the vehicle meets certain requirements.This bill would exempt a motor vehicle for which a specialty plate described above has been issued from the requirement that it be inspected biennially upon registration. | |
| 28 | + | 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, except as provided, exempts motor vehicles that meet certain requirements from being inspected biennially upon renewal of registration. Existing law requires the Department of Motor Vehicles, upon application, to issue a specialty license plate to an owner of a motor vehicle that is operated primarily for purposes of historical exhibition or other similar purposes and the vehicle meets certain requirements.This bill would exempt a motor vehicle for which a specialty plate described above has been issued from the requirement that it be inspected biennially upon registration. | |
| 29 | 29 | ||
| 30 | 30 | 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, except as provided, exempts motor vehicles that meet certain requirements from being inspected biennially upon renewal of registration. | |
| 31 | 31 | ||
| 32 | 32 | Existing law requires the Department of Motor Vehicles, upon application, to issue a specialty license plate to an owner of a motor vehicle that is operated primarily for purposes of historical exhibition or other similar purposes and the vehicle meets certain requirements. | |
| 33 | 33 | ||
| 34 | - | This bill would exempt a motor vehicle for which a specialty plate described above has been issued from the requirement that it be inspected biennially upon registration. | |
| 34 | + | This bill would exempt a motor vehicle for which a specialty plate described above has been issued from the requirement that it be inspected biennially upon registration. | |
| 35 | 35 | ||
| 36 | 36 | ## Digest Key | |
| 37 | 37 | ||
| 38 | 38 | ## Bill Text | |
| 39 | 39 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. 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.(9) All motor vehicles that have a license plate issued in accordance with | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. 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.(9) All motor vehicles that have a license plate issued in accordance with Section 5004 of the Vehicle Code.(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. | |
| 41 | 41 | ||
| 42 | 42 | The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | 44 | ## The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | - | SECTION 1. 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.(9) All motor vehicles that have a license plate issued in accordance with | |
| 46 | + | SECTION 1. 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.(9) All motor vehicles that have a license plate issued in accordance with Section 5004 of the Vehicle Code.(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. | |
| 47 | 47 | ||
| 48 | 48 | SECTION 1. Section 44011 of the Health and Safety Code is amended to read: | |
| 49 | 49 | ||
| 50 | 50 | ### SECTION 1. | |
| 51 | 51 | ||
| 52 | - | 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.(9) All motor vehicles that have a license plate issued in accordance with | |
| 52 | + | 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.(9) All motor vehicles that have a license plate issued in accordance with Section 5004 of the Vehicle Code.(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. | |
| 53 | 53 | ||
| 54 | - | 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.(9) All motor vehicles that have a license plate issued in accordance with | |
| 54 | + | 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.(9) All motor vehicles that have a license plate issued in accordance with Section 5004 of the Vehicle Code.(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. | |
| 55 | 55 | ||
| 56 | - | 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.(9) All motor vehicles that have a license plate issued in accordance with | |
| 56 | + | 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.(9) All motor vehicles that have a license plate issued in accordance with Section 5004 of the Vehicle Code.(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. | |
| 57 | 57 | ||
| 58 | 58 | ||
| 59 | 59 | ||
| 60 | 60 | 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: | |
| 61 | 61 | ||
| 62 | 62 | (1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles. | |
| 63 | 63 | ||
| 64 | 64 | (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. | |
| 65 | 65 | ||
| 66 | 66 | (3) All motor vehicles manufactured prior to the 1976 model-year. | |
| 67 | 67 | ||
| 68 | 68 | (4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model-years old. | |
| 69 | 69 | ||
| 70 | 70 | (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. | |
| 71 | 71 | ||
| 72 | 72 | (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. | |
| 73 | 73 | ||
| 74 | 74 | (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. | |
| 75 | 75 | ||
| 76 | 76 | (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: | |
| 77 | 77 | ||
| 78 | 78 | (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. | |
| 79 | 79 | ||
| 80 | 80 | (ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state. | |
| 81 | 81 | ||
| 82 | 82 | (iii) The vehicle is being registered as a specially constructed vehicle. | |
| 83 | 83 | ||
| 84 | 84 | (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. | |
| 85 | 85 | ||
| 86 | 86 | (D) This paragraph does not apply to diesel-powered vehicles. | |
| 87 | 87 | ||
| 88 | 88 | (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. | |
| 89 | 89 | ||
| 90 | 90 | (6) All motor vehicles that the department determines would present prohibitive inspection or repair problems. | |
| 91 | 91 | ||
| 92 | 92 | (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. | |
| 93 | 93 | ||
| 94 | 94 | (8) (A) All diesel-powered vehicles manufactured prior to the 1998 model-year. | |
| 95 | 95 | ||
| 96 | 96 | (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. | |
| 97 | 97 | ||
| 98 | 98 | (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. | |
| 99 | 99 | ||
| 100 | 100 | (D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater. | |
| 101 | 101 | ||
| 102 | - | (9) All motor vehicles that have a license plate issued in accordance with paragraph (3) of subdivision (a) of Section 5004 of the Vehicle Code. Code if both of the following criteria are met: | |
| 103 | - | ||
| 104 | - | (A) The motor vehicle was manufactured after model year 1976. | |
| 105 | - | ||
| 106 | - | (B) Proof that the motor vehicle is insured in accordance with all of the following requirements is submitted to the Department of Motor Vehicles: | |
| 107 | - | ||
| 108 | - | (i) The motor vehicle is insured as a collector motor vehicle. | |
| 109 | - | ||
| 110 | - | (ii) The insurance does not provide coverage for the motor vehicle to be driven more than 5,000 miles annually. | |
| 111 | - | ||
| 112 | - | (iii) The insurance indicates that the owner of the motor vehicle is insured for at least one other motor vehicle that the person owns or leases for regular transportation with current, valid registration in the state under the same name. | |
| 102 | + | (9) All motor vehicles that have a license plate issued in accordance with Section 5004 of the Vehicle Code. | |
| 113 | 103 | ||
| 114 | 104 | (b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas. | |
| 115 | 105 | ||
| 116 | - | (c) For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, | |
| 106 | + | (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: | |
| 117 | 107 | ||
| 118 | 108 | (1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. | |
| 119 | 109 | ||
| 120 | 110 | (2) The motor vehicle is at least 35 model-years old. | |
| 121 | 111 | ||
| 122 | 112 | (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. | |
| 123 | - | ||
| 124 | - | (d) For purposes of this section, collector motor vehicle has the same meaning as defined in Section 259 of the Vehicle Code. |