DeTomaso Mailing List: April 99, Message #230

All,

  Here is another bill that might deserve your attention. If passed any
vehicle driven less than 5000 miles per year would be exempt from smog
testing. Sorry for using up so much bandwidth but I think many would be
interested.

Subject: 
        Message on bill sb_296 :
billroot:[current.sb.from0200.sb0296]sactran1.txt
  Date: 
        Tue, 06 Apr 1999 06:23:31 -0700 (PDT)
  From: 
        Senate-News-Reply@SEN.CA.GOV
    To: 
        Recipients of bill sb_296 messages


BILL ANALYSIS
  


   
  
SB  296  (MOUNTJOY)
                                                       Page   
  
{u
  
u}   
{u SENATE TRANSPORTATION COMMITTEE u}      Bill No: SB 296   
Senator KARNETTE, Chair              Author:  MOUNTJOY  
                                     VERSION: 2/3/99  
Analysis by:                         Randall
HenryFiscal:Yes  
  
  
  
  
SUBJECT:  
  
Smog check program: exemptions.  
  
DESCRIPTION:  
  
This bill would exempt from the biennial vehicle inspection
and maintenance ("smog check") requirement any motor
vehicle registered to a person if the vehicle is operated
for 5,000 miles or less annually.  
  
ANALYSIS:  
  
California and the other states must comply with federal
air quality standards.  Motor vehicle inspection and
maintenance (I/M or "smog check") programs are integral
parts of the effort to reduce mobile-source air pollution
and meet overall air quality requirements.  Despite the
existence of I/M programs, automobiles and trucks produce
half or more of the ozone air pollution, nearly all of the
carbon monoxide air pollution in the United States and
substantial quantities of nitrogen oxides and other air
toxics.  
  
Current law provides for two versions of the vehicle
inspection program ("Smog Check II") in the state:  (1)  an
{u enhanced u} smog check program in urbanized areas of the state
classified as serious, severe or extreme nonattainment
areas for ozone, or moderate or serious nonattainment for
carbon monoxide, and (2) a {u basic u} program in other areas of
the state where a program was in existence before the
Legislature's enactment of the 1994 legislative package.
The enhanced program slowly is being gradually phased-in.  
  
The Legislature last session enacted several measures
modifying the smog check program:  
  
  

  
SB  296  (MOUNTJOY)
                                                       Page   
  
{u
  
u}   
  
{u   Assembly Bill 57 (Escutia u} )-required the establishment
   of a low-income repair assistance program by March 1,
   1998, through "gold shield" test-and-repair stations for
   owners of vehicles failing their emissions inspections.
   The bill prescribed a $200 to $250 vehicle repair cost
   limit for low-income vehicle owners, added an owner
   co-payment provision, repealed the previous economic
   hardship extension program in favor of a repair-cost
   waiver program and allowed gross-polluting vehicles to
   be subject to repair cost limits.  
  
{u   Assembly Bill 208 (Migden u} )-required revenues from the
   vehicle smog impact fee to be redirected from the
   General Fund to the smog check repair assistance
   program, established a $4 annual smog abatement fee for
   newer vehicles exempted from the smog check (by AB
   1492), and authorized an additional $2 annual fee for
   low-income repair assistance if the smog impact fee is
   ruled unconstitutional by a court.  
  
{u  Assembly Bill 1492 (Baugh u} )-exempted from the biennial
  smog check requirement vehicles four or less model years
  old, lowered the maximum repair cost limit for low-income
  vehicle owners to $200 to $250 and stated the
  Legislature's intent to replace the inspection and
  maintenance program by January 1, 2005.  
  
{u  Senate Bill 43 (Kopp u} )-exempted from the biennial and
  change-of-ownership smog check requirement vehicles
  manufactured before the 1974 model year and exempted all
  30-year old vehicles beginning in 2003.  
  
{u This bill u} would exempt from the biennial smog check program
those vehicles that are driven 5,000 miles or less
annually.  The bill also would provide the issuance of a
waiver by a referee at a test-only station upon the request
of the vehicle owner for a vehicle that qualifies for the
waiver, for a fee not to exceed $5.  
  
COMMENTS:  
  
1.  According to the author, the bill "exempts cars which
are driven less than 5,000 miles per year from the biennial
smog check program.  It is frequently driven cars, rather
  
  

  
SB  296  (MOUNTJOY)
                                                       Page   
  
{u
  
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than those driven very little, which have the greatest
impact on air quality.  There are many drivers, especially
senior citizens, who drive very little, perhaps just to the
market, medical appointments, and short trips near their
homes.  They can neither afford costly vehicle repairs nor
can they afford the purchase of a new car.  If these
drivers lose their cars, they lose their mobility."   
  
2.  The bill raises a number of issues and policy
considerations, including:  
  
What is the potential number of vehicles which would be
  exempted and what effect on air quality would such
  exemptions produce?  
  
Would it create an incentive for odometer tampering or
  fraud?  
  
How would the Department of Motor Vehicles and the Bureau
  of Automotive Repair    
  accurately determine the mileage of eligible vehicles?
Would the proposed $5 fee be  
      sufficient to cover the notice, recordkeeping,
certification and waiver issuance costs?  
  
Is there a demonstrated need for such a waiver, given the
  average smog repair costs  
  are not excessive and that the state has enacted and
provided funding for a low-cost  
      repair assistance program?  
  
3.  The Committee last year considered Senate Bill 2185
(Mountjoy), which would have exempted from the biennial
vehicle inspection and maintenance requirement any motor
vehicle registered to a person 60 years of age or who is
disabled, if the vehicle is operated for 5,000 miles or
less annually.  The bill was defeated, 3-3.  
  
4.  The opposition contends that this measure "would reduce
the emissions reduction potential of the Smog Check program
and degrade air quality statewide.  While any given vehicle
will pollute more each mile that it is driven, not all
low-mileage vehicles are low emitters.  Poorly maintained,
defective, or tampered low-mileage vehicles can all pollute
significantly more than high-mileage vehicles.  While the
  
  

  
SB  296  (MOUNTJOY)
                                                       Page   
  
{u
  
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current Smog Check program helps reduce the emissions these
vehicles cause, this bill would allow these problems to be
ignored."   
  
POSITIONS:  (Communicated to the Committee before noon on
Wednesday,  
              3/31/99)  
  
     SUPPORT:  15 individual letters  
  
     OPPOSED:  California Air Pollution Control Officers
Association  
                                    Bay Area Air Quality
Management District  
  
  
  
                                             4/1/99 

  Rick
  1582 Only 15 letters sent in on this one.