California Reintroduces Bill to Require ANNUAL Emissions Tests for Vehicles 15-Years Old and Older Here we go again! Legislation (A.B. 859) has been reintroduced in the California Assembly by Assemblyman Dave Jones ([email protected]) to require annual Smog check inspections for vehicles 15-years old and older. The bill would also require that funds generated through the additional inspection fees be deposited into an account which can be used to scrap older cars. You may recall that in 2004 a new law was enacted in California to require the lifetime testing of all 1976 and newer model-year vehicles. Pre-1976 motor vehicles would remain exempt under A.B. 859. The bill has been referred to the Assembly Transportation Committee. We Urge You to Contact Assemblyman Jones and Members of the Assembly Transportation Committee (List Below) Immediately to Oppose A.B. 859 A.B. 859 ignores the minimal impact vintage cars have on air quality. A.B. 859 could entice vintage car owners into allowing these vehicles to be scrapped. A.B. 859 ignores the fact that vehicles 15-years old and older still constitute a small portion of the overall vehicle population and are a poor source from which to look for emissions reduction. A.B. 859 ignores the fact that classic vehicles are overwhelmingly well-maintained and infrequently driven. A.B. 859 would increase costs by creating an annual inspection fee for owners of these vehicles. A.B. 859 represents another attempt by California legislators and regulators to scapegoat older cars. Please contact members of the California Assembly Transportation Committee immediately by phone, fax or e-mail to request their opposition to A.B. 859. Please e-mail a copy of your letter to [email protected]. Thank you for your assistance. Assembly Transportation Committee Click here to e-mail all Committee members. Assemblymember Mike Eng Chair Phone: 916/319-2049 Email: [email protected] Assemblymember Kevin Jeffries Phone: 916/319-2066 Email: [email protected] Assemblymember Bob Blumenfield Phone: 916/319-2040 Email: [email protected] Assemblymember Joan Buchanan Phone: 916/319-2015 Email: [email protected] Assemblymember Connie Conway Phone: 916/319-2034 Email: [email protected] Assemblymember Warren Furutani Phone: 916/319-2055 Email: [email protected] Assemblymember Cathleen Galgiani Phone: 916/319-2017 Email: [email protected] Assemblymember Martin Garrick Phone: 916/319-2074 Email: [email protected] Assemblymember Bonnie Lowenthal Phone: 916/319-2054 Email: [email protected] Assemblymember Jeff Miller Phone: 916/319-2071 Email: [email protected] Assemblymember Roger Niello Phone: 916/319-2005 Email: [email protected] Assemblymember John Perez Phone: 916/319-2046 Email: [email protected] Assemblymember Jose Solorio Phone: 916/319-2069 Email: [email protected] Assemblymember Tom Torlakson Phone: 916/319-2011 Email: [email protected]
I no longer reside in California, but forward this to Jay Lenos Garage website,A guy with his $$ and influence might be able to make sure this assclown does not get re-elected.He should be reminded how many jobs are provided by the aftermarket suppliers in California and that putting more people out of work and into the unemployment line is something the state cannot afford.
In case you can't sleep, here's the actual text of the proposed bill (which may be heard in committee on March 29th): MEASURE : A.B. No. 859 AUTHOR(S) : Jones. TOPIC : Smog check: annual inspection: repair assistance program. HOUSE LOCATION : ASM TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required State-Mandated Local Program Fiscal Non-Tax Levy TITLE : An act to amend Sections 44062.1 and 44094 of, and to add Section 44012.7 to, the Health and Safety Code, relating to air pollution. BILL NUMBER: AB 859 INTRODUCED BILL TEXTINTRODUCED BY Assembly Member Jones FEBRUARY 26, 2009 An act to amend Sections 44062.1 and 44094 of, and to add Section44012.7 to, the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 859, as introduced, Jones. Smog check: annual inspection:repair assistance program. (1) Existing law establishes a motor vehicle inspection andmaintenance (smog check) program, developed, implemented, andadministered by the Department of Consumer Affairs. The smog checkprogram provides for the inspection of a motor vehicle, among othercircumstances, upon its registration, upon transfer of ownership, andfor vehicles registered in certain areas of the state, biennially.Some motor vehicles, including any motor vehicle manufactured priorto the 1976 model year, are exempt from biennial inspection. Thedepartment is required to charge a fee to a smog check station foreach motor vehicle inspection, as provided. Violations of the smogcheck requirements constitute a crime. Existing law creates the High Polluter Repair or Removal Account,and makes available, upon appropriation by the Legislature, all moneyin the account to the State Air Resources Board and the departmentto establish and implement a program for the repair or replacement ofhigh polluting motor vehicles. This bill would require the department to incorporate the annualinspection of motor vehicles that are models which are 15 years oldor greater into the motor vehicle inspection and maintenance programby January 1, 2010, and would require funds generated throughadditional inspection fees to be deposited into the High PolluterRepair or Removal Account. By expanding the definition of an existing crime, this bill wouldimpose a state-mandated local program. The bill would exempt all vehicles not subject to biennialinspection, and vehicles or classes of vehicles determined by thedepartment to be likely to pass the annual inspection. (2) Existing law provides for a repair assistance programavailable to an individual whose maximum income level is 185% of thefederal poverty level and who is the owner of a motor vehicle thathas failed a smog check inspection or received a notice to correct,or an individual who has failed a smog check inspection and isdirected to a test-only facility. Existing law provides that thedepartment may increase its contribution toward the repair of a motorvehicle in excess of $450, if the department determines that theexpenditure is cost effective. This bill would increase this amount to $750. The bill would makethe repair assistance program only available to low-incomeindividuals, and would change the maximum income level to 300% of thefederal poverty level. The bill would make other conforming changes,and delete obsolete provisions of law. (3) The California Constitution requires the state to reimburselocal agencies and school districts for certain costs mandated by thestate. Statutory provisions establish procedures for making thatreimbursement. This bill would provide that no reimbursement is required by thisact 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 44012.7 is added to the Health and Safety Code,to read: 44012.7. (a) The department shall incorporate the annualinspection of motor vehicles that are models which are 15 years oldor greater into the motor vehicle inspection and maintenance programby January 1, 2010. (b) All funds generated through additional inspection fees shallbe deposited into the High Polluter Repair or Removal Account createdby Section 44091. (c) The department shall develop a vehicle emissions profile thatidentifies vehicles or classes of vehicles that are likely to passannual inspection. The department shall revise this profile annually. (d) Both of the following are exempt from the annual inspection: (1) All vehicles not subject to biennial inspection, includingvehicles exempted by Section 44011. (2) All vehicles or classes of vehicles determined by thedepartment to be likely to pass the annual inspection pursuant tosubdivision (c). SEC. 2. Section 44062.1 of the Health and Safety Code is amendedto read: 44062.1. (a) The department shall offer a repair assistanceprogram through entities authorized to perform referee functions. (b) (1) The repair assistance program shall be available to thefollowing eligible individuals: (A) An individual (b) (1) The repair assistance program shall be available to an individual who has a maximum income level of 200 percent of thefederal poverty level, as published quarterly in the Federal Registerby the Department of Health and Human Services is alow-income motor vehicle owner , and who is either or both ofthe following: (i) (A) The owner of a motor vehicle that has failed a smogcheck inspection. (ii) (B) The owner of a motor vehicle who was issued anotice to correct for an alleged violation of Section 27153 or27153.5 of the Vehicle Code involving that vehicle, if the vehiclesubject to that notice has failed a smog check inspection subsequentto receiving the notice. On and after January 1, 2009, the maximum income level prescribedfor this subparagraph shall be set at 185 percent of the federalpoverty level, as published quarterly in the Federal Register by theUnited States Department of Health and Human Services. (B) An individual who is the owner of a motor vehicle that hasfailed a smog check inspection and is directed to a test-onlyfacility pursuant to Section 44010.5 or 44014.7. If the departmentdetermines that applications for repair assistance exceed the amountof funds available, to the maximum extent possible, applications fromlow-income motor vehicle owners shall be given priority over otherapplications. (2) The department shall offer repair cost assistance, funded bythe High Polluter Repair or Removal Account in the Vehicle Inspectionand Repair Fund created pursuant to subdivision (a) of Section44091, to individuals based on the cost-effectiveness and air qualitybenefit of the needed repair. Repair assistance may includeretesting costs and the costs of repairs to remedy the violation ofSection 27153 or 27153.5 of the Vehicle Code. (3) An applicant for repair assistance shall file an applicationon a form prescribed by the department , and shall certifyunder penalty of perjury that the applicant meets the applicableeligibility standards. (4) Verification of income eligibility shall be based on at leastone form of documentation, as determined by the department,including, but not limited to, (A) an income tax return, (B) anemployment warrant, or (C) a form of public assistance verification. (c) The repair assistance program shall be funded by the HighPolluter Repair or Removal Account. (d) Repairs to motor vehicles that fail smog check inspections andare subsidized by the state through the program shall be performedat a repair station licensed and certified pursuant to Sections 44014and 44014.2. Repair Repairs shall bebased upon a preapproved list of repairs for cost-effective emissionreductions or repairs to remedy a violation of Section 27153 or27153.5 of the Vehicle Code. (e) The qualified low-income motor vehicle owner receiving repairassistance pursuant to this section shall contribute a copayment, asdetermined by the department as specified in Section 44017.1, eitherin cash, or in emissions-related partial repairs as verified by atest-only station pursuant to paragraph (2) of subdivision (c) ofSection 44015, or a combination thereof. For an owner of amotor vehicle described in subparagraph (B) of paragraph (1) ofsubdivision (b), the department shall impose a copayment at leastequivalent to the amount imposed on a low-income individual receivingassistance under this section. If the repair cost exceedsthe applicable repair cost limit, the department shall inform a motorvehicle owner of all options for compliance at the time of testingand repair. (f) The department may increase its contribution toward the repairof a motor vehicle under this program in excess of the amountauthorized for the repair of a high-polluter high polluter pursuant to paragraph (1) of subdivision (b) ofSection 44094, if the department determines that the expenditure is cost-effective cost effective . Indetermining the cost effectiveness of the expenditure, the departmentshall consider a failure of the visible smoke test, pursuant toSection 44012.1, and the costs associated with repairing a smokingvehicle. (g) Notwithstanding subparagraph (A) of paragraph (1) ofsubdivision (b), the department may increase the maximum income levelof a low-income motor vehicle owner under this program from theamount specified in this section, not to exceed 225 percent of thefederal poverty level, if the department determines that the increaseis capable of being supported within existing budget allocations. (h) (g) The department shall collect data from the programto provide information on how to improve the program. Data collectionshall include all of the following: (1) The number of motor vehicle owners that are eligible forrepair assistance. (2) The number of eligible motor vehicle owners that use repairassistance funds. (3) The potential for fraud. (4) The average repair bills. (5) The types of repairs being done. (6) The amount of partial repairs done prior to receipt of repairassistance. (7) The emissions benefits of providing repair assistance. (i) (h) For purposes of this section, "low-income motorvehicle owner" means a person whose income does not exceed 200 300 percent of the federal poverty level , as published quarterly in the Federal Register by theDepartment of Health and Human Services . SEC. 3. Section 44094 of the Health and Safety Code is amended toread: 44094. (a) Participation in the high polluter repair or removalprogram specified in this article and Article 10 (commencing withSection 44100) shall be voluntary and shall be available to theowners of high polluters that are registered in an area that issubject to an inspection and maintenance program, have beenregistered for at least 24 months in the district where the creditsare to be applied and, are presently operational, and meet othercriteria, as determined by the department. (b) The program shall provide for both of the following: (1) As to the repair of a high polluter, payment to the owner ofup to 80 percent of the total cost of repair, as determined by thedepartment, but the payment shall not exceed four seven hundred fifty dollars ($450) ($750) . (2) As to the removal of a high polluter, the program shall besubject to Article 10 (commencing with Section 44100). (c) Except as provided in Section 44062.3, the department mayspecify the amount of money that may be paid to an owner of ahigh-polluting motor vehicle who voluntarily retires the vehicle. Theamount paid by the department shall be based on thecost-effectiveness and the air quality benefit of retiring thevehicle, as determined by the department. (d) The department may authorize participation in the programbased on a reasonable estimate of the future revenues that will beavailable to the program. SEC. 4. No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction, eliminates a crime or infraction, or changes the penaltyfor a crime or infraction, within the meaning of Section 17556 of theGovernment Code, or changes the definition of a crime within themeaning of Section 6 of Article XIII B of the CaliforniaConstitution. </PRE>
It states 15 years or older, that is our vehicles. They can make older cars get smog equip. I remember in 1974 when I built my first 57 Chevy, I had to have that green valve in the radiator hose that controlled vacuum advance at certain temps. Then they could pop your hood for nothing just to see if it was there. (Of course, toothpicks shoved in the ports kinda negated it) And have you seen the prices for an original vacuum pump for a Camaro? They pull this one up evry couple of years, just to make money. Every Californian should write in to stop these gfreedy idiots!
You may recall that in 2004 a new law was enacted in California to require the lifetime testing of all 1976 and newer model-year vehicles. Pre-1976 motor vehicles would remain exempt under A.B. 859. But, I'm still against this as it IMO represents a slippery slope. They just doubled our reg fees, fuck what more do they want???
Nope ... there is still an exemption for vehicles older than 1976: "Some motor vehicles, including any motor vehicle manufactured prior to the 1976 model year, are exempt from biennial inspection." ... but I agree that the proposed bill could still affect our hobby. I won't use the "slippery slope" argument (even though it most likely applies) ... but the language in the proposed bill doesn't state that a pre-76 vehicle with a newer engine (i.e., a crate motor) would be exempt ... nor does it say anything about the hobbyist that builds himself a '32 Ford using a replica body (e.g., a Brookville '32). EDIT: I see that tooslow54 beat me to it ... I guess I'm the one who's "too slow" (of a typist)
BTT start writing now, the socialist republic of california is picking on us again to get some more tax $$$. Do not give them an inch, there are a lot of cars affected, they can expand it at anytime and will for more $$. Do not assume the state criminals will do the right thing and protect you.
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