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Boltrider
Posted on Wednesday, March 18, 2009 - 12:16 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

SB 435, sponsored by Senator Fran Pavley, D-Agoura Hills.

I copied and pasted the proposed amendment, as well as the existing law. You can view the proposal in it's official form by going to www.leginfo.ca.gov and typing in the bill number.

BILL NUMBER: SB 435 INTRODUCED
BILL TEXT


INTRODUCED BY Senator Pavley

FEBRUARY 26, 2009

An act to amend Section 44011 of, and to add Section 44012.5 to,
the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


SB 435, as introduced, Pavley. Smog check program: motorcycles.
Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs, that provides for the inspection of motor vehicles
upon registration, biennially upon renewal of registration, upon
transfer of ownership, and in certain other circumstances. Existing
law exempts from biennial inspection all motorcycles until the
department implements test procedures applicable to motorcycles.
Violations of smog check requirements are a crime.
This bill would require the department to include model-year 2000
and newer motorcycles in the smog check program beginning January 1,
2012.
Because violations of smog checks for motorcycles would be a
crime, this bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 44011 of the Health and Safety Code, as added
by Section 3 of Chapter 739 of the Statutes of 2007, 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
manufactured prior to the 2000 model- year
.
(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) Beginning January 1, 2005, all motor vehicles six or less
model-years old, unless the state board finds that providing an
exception for these vehicles will prohibit the state from meeting the
requirements of Section 176(c) of the federal Clean Air Act (42
U.S.C. Sec. 7401 et seq.) or the state's commitments with respect to
the state implementation plan required by the federal Clean Air Act.
(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
or motorcycles .
(5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (b) 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 13,999 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 14,000 pounds or greater.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
(c) For purposes of subdivision (a), a collector motor vehicle, as
defined in Section 259 of the Vehicle Code, is exempt from those
portions of the test required by subdivision (f) of Section 44012 if
the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model-years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model-year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
(d) This section shall become operative on January 1, 2010.

SEC. 2. Section 44012.5 is added to the Health and Safety Code, to
read:
44012.5. Beginning January 1, 2012, the department shall include
model-year 2000 and newer motorcycles, registered for on-road use in
California, in the inspection and maintenance program established
pursuant to this chapter. The department, in cooperation with the
state board, shall adopt regulations to implement this section,
including prescribing test procedures for motorcycles by July 1,
2011.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

(Message edited by boltrider on March 18, 2009)
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Boltrider
Posted on Wednesday, March 18, 2009 - 12:33 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

So if it passes, then beginning in 2012, all motorcycles MY 2000 and newer will have to undergo smog testing every 2 years. As if the people of Cali aren't regulated enough already.
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Greenlantern
Posted on Wednesday, March 18, 2009 - 01:02 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Talk about the horses and the barn door!
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Doerman
Posted on Wednesday, March 18, 2009 - 01:32 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Part of the Stimulus package?
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Fresnobuell
Posted on Wednesday, March 18, 2009 - 03:26 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Yes. this is all about revenue. I can't express how disgusted I am at this. California is damn near a socialist state and this proposed bill just adds to the problem. F'ing Democrats--do I have to mention that this is a female democrat introducing this garbage?

I am on the AMA "Action" email list. Here is the link that i was emailed.

http://capwiz.com/amacycle/home/

Click on "Issues and Legislation", look for SB 435

IT IS CRUCIAL FOR ALL RIDERS TO CONTACT THE CALIFORNIA LEGISLATURE.

Printed, custom letter is better than the canned AMA message. Canned message is better than nothing.
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2008xb12scg
Posted on Wednesday, March 18, 2009 - 04:09 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

did the canned from link above...
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Hexangler
Posted on Wednesday, March 18, 2009 - 04:37 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

ditto
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