DeTomaso Mailing List: April 99, Message #229

All,

  Below is a brief intent/status of SB285. If passed 1973 and older
vehicles would be exempt from roadside random emissions testing. Note
that only 50 letters have been received from individuals and only a few
clubs have also shown support. I think alot of our letters helped in
getting SB42 passed 'last time'. 

Subject: 
        Message on bill sb_285 :
billroot:[current.sb.from0200.sb0285]sactran1.txt
  Date: 
        Tue, 06 Apr 1999 06:23:13 -0700 (PDT)
  From: 
        Senate-News-Reply@SEN.CA.GOV
    To: 
        Recipients of bill sb_285 messages


                                                                   BILL
ANALYSIS
  


   
  
SB  285  (MOUNTJOY)
                                                       Page   
  
{u
  
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{u SENATE TRANSPORTATION COMMITTEE u}      Bill No: SB 285   
Senator KARNETTE, Chair              Author:  MOUNTJOY  
                                     VERSION: 2/2/99  
Analysis by:                         Steve
SchnaidtFiscal:Yes  
  
  
  
  
SUBJECT:  
  
Gross-polluting vehicles: exemption.  
  
DESCRIPTION:  
  
This bill would exempt from roadside emissions testing and
remote sensing procedures all motor vehicles manufactured
prior to the 1974 model year and, beginning in 2003, motor
vehicles that are 30 or more model years old.  
  
ANALYSIS:  
  
Existing law requires the biennial inspection and
inspection upon sale of most passenger motor vehicles to
ensure compliance with vehicle emission standards and
ambient air quality standards.  The inspection and testing
procedures, commonly known as the smog check program,
include both functional and visual tests to determine
whether vehicles are equipped with the proper emissions
control and reduction systems and whether the equipment and
systems are functioning properly.  Existing law exempts
specified vehicles from these requirements, including those
less than 5 model years old and those manufactured prior to
the 1974 model year.  Beginning in 2003, all vehicles 30 or
more model years will be exempt (a "rolling" 30-year
exemption).  
  
Smog check program provisions require the Department of
Consumer Affairs to establish a program for the
out-of-cycle testing of vehicles as a means of detecting
gross-polluting vehicles operating on roads and highways.
The special program includes authority for pullovers for
roadside emissions testing and the detection of
gross-polluters through the use of remote sensing
equipment.  Vehicles identified as gross polluters through
  
  

  
SB  285  (MOUNTJOY)
                                                       Page   
  
{u
  
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the roadside testing program are to be issued a notice of
noncompliance and be directed to a specified emissions
testing facility for more complete testing.  Owners of such
vehicles who fail to comply with a notice within 30 days
are subject to a maximum administrative penalty of $500, at
a rate of $5/day, and refusal of the vehicle's subsequent
registration renewal by the Department of Motor Vehicles.  
  
{u This bill u} would exempt all motor vehicles manufactured
prior to the 1974 model year from the roadside emissions
testing and detection program.  The bill would extend the
exemption to all vehicles 30 or more model years old after
January 1, 2003.  
  
  
  
  
  
COMMENTS:  
  
1.According to the author, the bill is intended to close a
  loophole in smog check provisions which permit otherwise
  exempt older vehicles from being detected as
  gross-polluting vehicles through remote sensing or
  roadside emissions tests.  The author cites an opinion by
  Legislative Counsel concluding that vehicles older than
  the 1974 model year are subject to the gross-polluter
  detection procedures.    
  
2.SB 42 (Kopp, 1997) specifically exempted pre-1974
  vehicles from the biennial and change-of-ownership smog
  check provisions.  The measure did not contemplate nor
  enact an exemption from provisions for the detection of
  gross-polluting vehicles through remote sensing.  The
  legal opinion cited by the current author was requested
  by the author of SB 42 to confirm the applicability of
  remote sensing to the exempted pre-1974 vehicles and
  those newer vehicles exempted by AB 1492 (Baugh).  
  
3.Opponents of the current bill note that approximately 50%
  of vehicle emissions are produced by about 10% of all
  vehicles, while the remote sensing program is intended to
  detect such high-emitters and gross polluters.  They
  claim that the proposed exemption would encourage
  tampering with emissions control equipment and spur the
  
  

  
SB  285  (MOUNTJOY)
                                                       Page   
  
{u
  
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  removal of such equipment, resulting in increased
  emissions and reduced air quality.  
  
4.The bill does not address the applicability of remote
  sensing to newer vehicles (less than 5 model years old)
  which also are exempt from smog check provisions.  Such
  vehicles, however, are considerably less likely to
  experience emission control equipment failures and
  produce excess emissions.  
  
5.The Bureau of Automotive Repair has performed some field
  testing of remote sensing equipment but has not
  established such a program on an ongoing basis.  It is
  not known when such testing equipment and procedures
  could or will be placed into service on a regular basis.  
  
POSITIONS:  (Communicated to the Committee before noon on
Wednesday,  
              3/31/99)  
  
     SUPPORT:  Pierce-Arrow Society  
               Early Ford V-8 Club of America  
               Letters from 50 individuals  
  
     OPPOSED:  California Air Pollution Control Officers'
Association  
               Bay Area Air Quality Management District  
  
  
  
  
  
                                                  3/25/99  
  
  Rick
  1582