44000-44005

HEALTH AND SAFETY CODE
SECTION 44000-44005




44000.  By the enactment of the 1994 amendments to this chapter made
pursuant to the act that added this section, the Legislature hereby
declares its intent to meet or exceed the air quality standards
established by the amendments enacted to the federal Clean Air Act in
1990 (42 U.S.C. Sec. 7401 et seq., as amended by P.L. 101-549), to
enhance and improve the existing vehicle inspection and maintenance
network, and to periodically monitor the performance of the network
against stated objectives.



44000.1.  It is the intent of the Legislature that the amendments
made to this part by the act that added this section during the
1999-2000 Regular Session not negatively affect the ability of the
state to achieve its emission reduction goals.




44000.5.  (a) The Legislature further finds and declares that the
motor vehicle inspection and maintenance program implemented under
this chapter has, since 1984, provided beneficial emission reductions
without undue inconvenience to California vehicle owners, and
vehicle owners will benefit from the maintenance by the state of a
substantially decentralized program giving them a choice among
thousands of independent licensed stations able to perform both
inspection and repair of vehicles.
   (b) With the enactment of this chapter, the Legislature does not
intend to create a statutory presumption that any motor vehicle,
solely by virtue of make, model, or year of manufacture, shall be
classified or categorized as a "gross polluter" or a "gross polluting
vehicle."
   (c) (1) With the enactment of this chapter, the Legislature does
not intend to place an unreasonable burden on fleet vehicles with
respect to compliance with smog inspection and maintenance
regulations.
   (2) Fleet vehicles shall not be included in the certification
requirements established pursuant to Section 44014.7.



44001.  (a) The Legislature hereby finds and declares that
California has been required, by the amendments enacted to the Clean
Air Act in 1990, and by regulations adopted by the Environmental
Protection Agency, to enhance California's existing motor vehicle
inspection and maintenance program to meet new, more stringent
emission reduction targets. Therefore, the Legislature declares that
the 1994 amendments to this chapter are adopted to implement further
improvements in the existing inspection and maintenance program so
that California will meet or exceed the new emission reduction
targets.
   (b) The Legislature further finds and declares all of the
following:
   (1) California is recognized as a leader in establishing
performance standards for its air quality programs and those
standards have been adopted by many other states and countries.
   (2) Studies show that a minority of motor vehicles produce a
disproportionate amount of the pollution caused by vehicle emissions.
Those vehicles are referred to as gross polluters.
   (3) The concept of periodic testing alone does not act as a
sufficient deterrent to tampering, or as a sufficient incentive for
vigilant vehicle maintenance by a significant percentage of
motorists. Gross polluters continue to be driven on the roadways of
California.
   (4) (A) New technology, known as remote sensing, offers great
promise as a cost-effective means to detect vehicles emitting excess
emissions as the vehicles are being driven. This type of detection
offers many valuable applications, especially its use between
scheduled tests, as an inexpensive, random, and pervasive means of
identifying vehicles which are gross polluters and targeting those
vehicles for repair or other methods of emission reduction.
   (B) Another new technology, the development of emissions profiles
for motor vehicles, allows the motor vehicle inspection program to
accurately identify both high- and low-emitting vehicles. This
technology may allow the full or partial exception of certain
vehicles from biennial certification requirements to the extent
determined by the department.
   (5) California continues to seek strict adherence to federal and
state performance standards and to results-based evaluations that
meet the state's unique circumstances, and which consist of all of
the following:
   (A) Acceptance of the shared obligation and personal
responsibility required to successfully inspect and maintain millions
of motor vehicles. Specifically, that obligation begins with this
chapter, and extends through those regulators charged with its
implementation and enforcement. Through the enactment of the 1994
amendments to this chapter, the Legislature hereby recognizes and
seeks to encourage, through a number of innovative and significant
steps, the critical role that each California motorist must play in
maintaining his or her vehicle's emission control systems in proper
working order, in such a way as to continuously meet mandated
emission control standards and ensure for California the clean air
essential to the health of its citizens, its communities, and its
economy.
   (B) A focus on the detection, diagnosis, and repair of broken,
tampered, or malfunctioning vehicle emission control systems.
   (C) Flexibility to incorporate and implement future new scientific
findings and technological advances.
   (D) Consideration of convenience and costs to those who are
required to participate, including motorists, smog check stations,
and technicians.
   (E) An enforcement program which is vigorous and effective and
includes monitoring of the performance of the smog check test or
repair stations and technicians, as well as the monitoring of vehicle
emissions as vehicles are being driven.
   (c) The Legislature further finds and declares that California is,
as of the effective date of this section, implementing a number of
motor vehicle emission reduction strategies far beyond the effort
undertaken by any other state, including all of the following:
   (1) California certification standards exceed those of the other
49 states, increasing the cost of a new car to a California consumer
by one hundred fifty dollars ($150) or more.
   (2) State board regulations mandate increasing availability for
sale of low-emission, ultra-low emission, and zero-emission vehicles,
including, by 2003, 10 percent zero-emission vehicles.
   (3) Effective in 1996, state board regulations mandate the
reformulation of gasoline for reduced emissions, at an estimated
increased production cost of 5 to 15 cents per gallon due to refinery
modifications and higher production costs.
   (4) Cleaner diesel fuel regulations, more stringent than federal
standards, took effect in California in October 1993, increasing
diesel fuel costs by 4 to 6 cents per gallon.
   (5) California law provides for vehicle registration surcharges of
up to four dollars ($4) per vehicle in nonattainment areas for air
quality-related projects.
   (6) California law taxes cleaner fuels at one-half the rate of
gasoline and diesel fuel.
   (7) California law provides tax credits for the purchase of
low-emission vehicles.
   (8) California requires smog checks and repairs whenever a vehicle
changes ownership, some 3 million vehicles annually, in addition to
the regular biennial tests.
   (9) Low-value vehicles are discouraged from entering California
due to the imposition of a three hundred dollar ($300) smog impact
fee on vehicles that are not manufactured to California certification
standards.
   (10) California imposes sales taxes on motor vehicle fuels and
dedicates most of those revenues to mass transit. This increases the
cost of fuels by seven cents ($.07) per gallon.
   (11) Transportation sales taxes in most urban counties also
generate substantial funding for transit and other
congestion-reduction measures, costing the average urban California
resident fifty dollars ($50) to one hundred dollars ($100) annually,
which would be the equivalent of another 8 to 16 cents per gallon of
fuel.


44001.1.  (a) The Legislature finds and declares that additional
reductions of motor vehicle emissions could be achieved by effective
repairs to motor vehicle emission control components.
   (b) It is the intent of the Legislature that the department work
with the California Community Colleges and other training
institutions to identify funding mechanisms that encourage the
development of innovative training programs for motor vehicle
technicians that focus on reducing air pollution from vehicles
needing repair and to increase the number and skill level of motor
vehicle technicians.



44001.3.  The Legislature hereby finds and declares as follows:
   (a) Under the state's previous smog check program, a motor vehicle
owner could obtain unlimited repair cost waivers and, therefore,
avoid repair of a polluting vehicle.
   (b) As a result, many vehicles were reregistered year after year
and allowed to continue to pollute the air.
   (c) Repairing high-polluting and gross polluting vehicles (which
pollute 2 to 25 times more than the average vehicle that passes a
smog check) could significantly improve California air quality and
allow the state to meet federal clean air goals.
   (d) The existing repair cost limit for smog repairs is a minimum
of four hundred fifty dollars ($450) in all areas where the enhanced
smog check program operates; fifty dollars ($50) to three hundred
dollars ($300) based on the model year of the vehicle where the
enhanced program is not fully implemented; and no cost limit for the
repair of gross polluting vehicles.
   (e) Without state financial assistance to repair a vehicle, a
low-income vehicle owner is forced to either scrap the vehicle or
drive an unregistered vehicle.



44001.5.  (a) A duty of enforcing and administering this chapter is
vested in the chief of the bureau who is responsible to the director.
   (b) The department shall take those actions consistent with its
statutory authority to ensure that the reduction in vehicle emissions
of hydrocarbons, carbon monoxide, and oxides of nitrogen meet or
exceed the reductions required by the amendments enacted to the Clean
Air Act in 1990. The department shall endeavor to achieve these
vehicle emission reductions as expeditiously as practicable, but not
later than the deadlines established by the amendments enacted to the
Clean Air Act in 1990.
   (c) The department shall also ensure that gross polluters are
identified and failed when tested pursuant to this chapter and that
vehicles meeting the state standards are protected from being falsely
failed.
   (d) The department may exercise the emergency rulemaking powers in
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code in order to promptly issue any
regulations required to implement the 1994 amendments to this
chapter.



44002.  The department shall have the sole and exclusive authority
within the state for developing and implementing the motor vehicle
inspection program in accordance with this chapter.
   For the purposes of administration and enforcement of this
chapter, the department, and the director and officers and employees
thereof, shall have all the powers and authority granted under
Division 1 (commencing with Section 1) and Division 1.5 (commencing
with Section 475) and Chapter 20.3 (commencing with Section 9880) of
Division 3 of the Business and Professions Code and under Chapter 33
(commencing with Section 3300) of Title 16 of the California Code of
Regulations. Inspections and repairs performed pursuant to this
chapter, in addition to meeting the specific requirements imposed by
this chapter, shall also comply with all requirements imposed
pursuant to Division 1 (commencing with Section 1) and Division 1.5
(commencing with Section 475) and Chapter 20.3 (commencing with
Section 9880) of Division 3 of the Business and Professions Code and
Chapter 33 (commencing with Section 3300) of Title 16 of the
California Code of Regulations.



44003.  (a) (1) An enhanced motor vehicle inspection and maintenance
program is established in each urbanized area of the state, any part
of which is classified by the Environmental Protection Agency as a
serious, severe, or extreme nonattainment area for ozone or a
moderate or serious nonattainment area for carbon monoxide with a
design value greater than 12.7 ppm, and in other areas of the state
as provided in this chapter.
   (2) The enhanced motor vehicle inspection and maintenance program
established pursuant to paragraph (1) shall be assessed jointly by
the department and the state board periodically to determine whether
changes in the program may be warranted. On or before January 1,
2003, the department and the state board shall jointly issue a report
to the Legislature based on those periodic assessments, recommending
any modifications to the enhanced program to improve its operations
and lessen its impact on consumers while still achieving the
necessary emission reductions to attain air quality standards. The
report shall include a review of any program proposed pursuant to
Section 15 of Chapter 803 of the Statutes of 1997.
   (3) A basic vehicle inspection and maintenance program shall be
continued in all other areas of the state where a program was in
existence under this chapter as of the effective date of this
paragraph.
   (b) The department may prescribe different test procedures and
equipment requirements for those areas described in subdivision (a).
Program components shall be operated in all program areas unless
otherwise indicated, as determined by the department. In those areas
where the biennial program is not implemented and smog check
inspections are required to complete the requirements set forth in
Sections 4000.1 and 4000.2 of the Vehicle Code, program elements that
apply in basic areas, including test equipment requirements for smog
check stations, shall apply.
   (c) (1) Districts classified as attainment areas may request the
department to implement all or part of the program elements defined
in this chapter. However, the department shall not implement the
program established by Section 44010.5 in any area other than an
urbanized area, any part of which is classified by the Environmental
Protection Agency as a serious, severe, or extreme nonattainment area
for ozone or a moderate or serious nonattainment area for carbon
monoxide with a design value greater than 12.7 ppm.
   (2) Districts that include areas classified as basic program
nonattainment areas pursuant to subdivision (a) may, except as
provided in paragraph (1), request the implementation in those areas
of test procedures and equipment required for enhanced program areas
and any other program requirement specified for enhanced program
areas.


44003.5.  (a) Notwithstanding any other provision of law, an
enhanced motor vehicle inspection and maintenance program, including
the provisions of the test-only program described in Section 44010.5,
is established in the San Francisco Bay Area Basin, consistent with
the requirements described in subdivision (b).
   (b) The department shall commence operation of the enhanced motor
vehicle inspection and maintenance program in the urbanized areas of
the San Francisco Bay Area Basin, including directing motor vehicles
to test-only facilities, after the department determines that an
adequate number of test-only stations, test and repair stations,
referee services, and other facilities and equipment necessary to
provide reliable and convenient service to vehicle owners subject to
the program exist in that basin.
   (c) Upon commencing operation of the enhanced program in those
areas of the San Francisco Bay Area Basin subject to the requirements
of the program, the bureau shall utilize emission standards for
oxides of nitrogen, and percentages of vehicles directed to test-only
stations similar to those utilized to begin the initial
implementation of the program in other enhanced areas of the state.
The department shall phase-in more stringent emission standards for
oxides of nitrogen and direct higher percentages of vehicles to
test-only stations, so that the fully implemented enhanced program in
the San Francisco Bay area is consistent with the fully implemented
enhanced program in other areas of the state.
   (d) (1) On or before January 1, 2004, and concurrent with
implementing subdivision (b), the board shall submit for peer review
the study produced by the University of California at Riverside and
commissioned by the Bay Area Air Quality Management District, and any
other available scientifically credible evidence, to determine the
impact of the enhanced motor vehicle inspection and maintenance
program on Contra Costa County and surrounding areas. If the peer
review concludes that the enhanced motor vehicle inspection and
maintenance program in the urbanized areas of the San Francisco Bay
Area Basin results in adverse ozone and other air quality impacts in
Contra Costa County or parts of Solano, San Joaquin, Alameda, and
Santa Clara Counties, the board, on or before January 1, 2004, shall
suggest mitigation measures to the Legislature and to the respective
air quality districts. These measures may include, but need not be
limited to, a recommendation for additional funds to be made
available for transit purposes and private passenger motor vehicle
maintenance and repair purposes.
   (2) It is the intent of the Legislature in enacting this section
to seek implementation of those mitigation measures suggested under
paragraph (1) that are found to be scientifically credible means to
mitigate adverse ozone and other air quality impacts, are consistent
with this section, and do not adversely impact downwind regions.
   (e) Consistent with subdivision (b), it is the intent of the
Legislature that the department commence operation of the enhanced
motor vehicle inspection and maintenance program in the urbanized
areas of the San Francisco Bay Air Basin as expeditiously as possible
in order to assist the San Francisco Bay Area and downwind air
districts in meeting their federal air quality attainment
requirements.



44004.  (a) The motor vehicle inspection program provided by this
chapter, when implemented in a district, shall supersede and replace
any other program for motor vehicle emission inspection in the
district.
   This chapter shall not apply to any vehicle permanently located on
an island in the Pacific Ocean located 20 miles or more from the
mainland coast.
   (b) The motor vehicle inspection program provided by this chapter
shall be in accordance with Sections 4000.1 and 4000.3 of the Vehicle
Code.



44005.  (a) The Department of Motor Vehicles shall cooperate with
the department in implementing any changes to enhance the program to
achieve greater efficiency, cost effectiveness, and convenience, or
to reduce excess emissions in accordance with this chapter.
   (b) The program shall provide for inspection of specified motor
vehicles, as determined by the department, upon initial registration,
biennially upon renewal of registration, upon transfer of ownership,
upon the issuance of a notice of noncompliance to a gross polluter
pursuant to Section 44081, and as otherwise provided in this chapter.