44060-44063
HEALTH AND SAFETY CODE
SECTION 44060-44063
44060. (a) The department shall prescribe the form of the
certificate of compliance or noncompliance, repair cost waivers, and
economic hardship extensions.
(b) The certificates, repair cost waivers, and economic hardship
extensions shall be in the form of an electronic entry filed with the
department, the Department of Motor Vehicles, and any other person
designated by the department. The department shall ensure that the
motor vehicle owner or operator is provided with a written report,
signed by the licensed technician who performed the inspection, of
any test performed by a smog check station, including a pass or fail
indication, and written confirmation of the issuance of the
certificate.
(c) (1) The department shall charge a fee to a smog check station,
including a test-only station, and a station providing referee
functions, for a motor vehicle inspected at that station that meets
the requirements of this chapter and is issued a certificate of
compliance, a certificate of noncompliance, repair cost waiver, or
economic hardship extension.
(2) The fee charged pursuant to paragraph (1) shall be calculated
to recover the costs of the department and any other state agency
directly involved in the implementation, administration, or
enforcement of the motor vehicle inspection and maintenance program,
and shall not exceed the amount reasonably necessary to fund the
operation of the program, including all responsibilities,
requirements, and obligations imposed upon the department or any of
those state agencies by this chapter, that are not otherwise
recoverable by fees received pursuant to Section 44034.
(3) Except for adjustments to reflect changes in the Consumer
Price Index, as published by the United States Bureau of Labor
Statistics, the fee for each certificate, waiver, or extension shall
not exceed seven dollars ($7).
(4) Fees collected by the department pursuant to this subdivision
shall be deposited in the Vehicle Inspection and Repair Fund. It is
the intent of the Legislature that a prudent surplus be maintained in
the Vehicle Inspection and Repair Fund.
(d) (1) Motor vehicles exempted under paragraph (4) of subdivision
(a) of Section 44011 shall be subject to an annual smog abatement
fee of twelve dollars ($12). The department may also, by regulation,
subject motor vehicles that are exempted under paragraph (5) of
subdivision (a) of Section 44011 to the twelve dollar ($12) annual
smog abatement fee. Payment of the annual smog abatement fee shall be
made to the Department of Motor Vehicles at the time of registration
of the motor vehicle.
(2) Except as provided in subdivision (a) of Section 44091.1, fees
collected pursuant to this subdivision shall be deposited on a daily
basis into the Vehicle Inspection and Repair Fund.
(e) The sale or transfer of the certificate, waiver, or extension
by a licensed smog check station or test-only station to any other
licensed smog check station or to any other person, and the purchase
or acquisition of the certificate, waiver, or extension, by any
person, other than from the department, the department's designee, or
pursuant to a vehicle's inspection or repair conducted pursuant to
this chapter, is prohibited.
(f) Following implementation of the electronic entry certificate
under subdivision (b), the department may require the modification of
the analyzers and other equipment required at smog check stations to
prevent the entry of a certificate that has not been issued or
validated through prepayment of the fee authorized by subdivision
(c).
(g) The fee charged by licensed smog check stations to consumers
for a certificate, waiver, or extension shall be the same amount that
is charged by the department.
44060.5. (a) Beginning July 1, 2008, the smog abatement fee
described in Section 44060 shall be increased by eight dollars ($8).
(b) Revenues generated by the increase described in this section
shall be distributed as follows:
(1) The revenues generated by four dollars ($4) shall be deposited
in the Air Quality Improvement Fund created by Section 44274.5.
(2) The revenues generated by four dollars ($4) shall be deposited
in the Alternative and Renewable Fuel and Vehicle Technology Fund
created by Section 44273.
(c) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
44061. The fees and penalties collected by the department pursuant
to this chapter shall be deposited in the Vehicle Inspection and
Repair Fund in accordance with the procedures established by the
department, and is available to the department, as specified by
Section 9886.2 of the Business and Professions Code, and, upon
appropriation by the Legislature, to any other state agency directly
involved in the implementation of the motor vehicle inspection
program, to carry out its functions and duties specified in this
chapter or in any other law.
44062. The Vehicle Inspection Fund and the Automotive Repair Fund
are hereby abolished. The balances in those funds are hereby
transferred to the Vehicle Inspection and Repair Fund.
All fees collected by the department under this chapter and
Chapter 20.3 (commencing with Section 9880) of Division 3 of the
Business and Professions Code shall be deposited in the Vehicle
Inspection and Repair Fund and are available to the department as
specified by Section 9886.2 of the Business and Professions Code.
44062.1. (a) The department shall offer a repair assistance program
through entities authorized to perform referee functions.
(b) (1) The repair assistance program shall be available to an
individual who is a low-income motor vehicle owner, and who is either
or both of the following:
(A) The owner of a motor vehicle that has failed a smog check
inspection.
(B) The owner of a motor vehicle who was issued a notice to
correct for an alleged violation of Section 27153 or 27153.5 of the
Vehicle Code involving that vehicle, if the vehicle subject to that
notice has failed a smog check inspection subsequent to receiving the
notice.
(2) The department shall offer repair cost assistance to
individuals based on the cost-effectiveness and air quality benefit
of the needed repair. Repair assistance may include retesting costs
and the costs of repairs to remedy the violation of Section 27153 or
27153.5 of the Vehicle Code.
(3) An applicant for repair assistance shall file an application
on a form prescribed by the department, and shall certify under
penalty of perjury that the applicant meets the applicable
eligibility standards.
(4) Verification of income eligibility shall be based on at least
one form of documentation, as determined by the department,
including, but not limited to, (A) an income tax return, (B) an
employment warrant, or (C) a form of public assistance verification.
(c) The repair assistance program shall be funded by the High
Polluter Repair or Removal Account.
(d) Repairs to motor vehicles that fail smog check inspections and
are subsidized by the state through the program shall be performed
at a repair station licensed and certified pursuant to Sections 44014
and 44014.2. Repairs shall be based upon a preapproved list of
repairs for cost-effective emission reductions or repairs to remedy a
violation of Section 27153 or 27153.5 of the Vehicle Code.
(e) The qualified low-income motor vehicle owner receiving repair
assistance pursuant to this section shall contribute a copayment, as
determined by the department, either in cash, or in emissions-related
partial repairs as verified by a test-only station pursuant to
paragraph (2) of subdivision (c) of Section 44015, or a combination
thereof. If the repair cost exceeds the applicable repair cost limit,
the department shall inform a motor vehicle owner of all options for
compliance at the time of testing and repair.
(f) The department may increase its contribution toward the repair
of a motor vehicle under this program in excess of the amount
authorized for the repair of a high polluter pursuant to paragraph
(1) of subdivision (b) of Section 44094, if the department determines
that the expenditure is cost effective. In determining the
cost-effectiveness of the expenditure, the department shall consider
a failure of the visible smoke test, pursuant to Section 44012.1, and
the costs associated with repairing a smoking vehicle.
(g) The department shall collect data from the program to provide
information to develop recommendations to improve the program. Data
collection shall include all of the following:
(1) The number of motor vehicle owners that are eligible for
repair assistance.
(2) The number of eligible motor vehicle owners that use repair
assistance 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 repair
assistance.
(7) The emissions benefits of providing repair assistance.
(h) For purposes of this section, "low-income motor vehicle owner"
means a person whose income does not exceed 225 percent of the
federal poverty level, as published quarterly in the Federal Register
by the United States Department of Health and Human Services.
44062.2. (a) The state board shall adopt, by regulation, procedures
to establish an emissions credit exchange program whereby persons
may contribute to the Vehicle Inspection and Repair Fund, and receive
equitable emission reduction credits for those contributions.
(b) Districts may establish procedures to generate marketable
emission reduction credits from contributions toward the repair
subsidy program specified in Section 44062.1. Emission reduction
credits generated pursuant to this subdivision may be used to meet or
offset transportation control measure requirements, average vehicle
ridership reductions, or other mobile source emission requirements,
as determined by the district.
(c) The credits established pursuant to subdivision (a) or (b)
shall not be allowed until the emission reduction goals established
by the amendments enacted in 1990 to the Clean Air Act (P.L. 101-549)
have been achieved.
44062.2. (a) The state board shall adopt, by regulation, procedures
to establish an emissions credit exchange program whereby persons
may contribute to the Vehicle Inspection, Repair, and Retrofit Fund,
and receive equitable emission reduction credits for those
contributions.
(b) Districts may establish procedures to generate marketable
emission reduction credits from contributions toward the repair
subsidy and vehicle retrofit subsidy program specified in Section
44062.1. Emission reduction credits generated pursuant to this
subdivision may be used to meet or offset transportation control
measure requirements, average vehicle ridership reductions, or other
mobile source emission requirements, as determined by the district.
(c) In federal nonattainment areas, the credits established
pursuant to subdivision (a) or (b) shall be allowed only for emission
reductions that are in excess of the reasonable further progress
goals established by Section 182 of the amendments enacted in 1990 to
the Clean Air Act (P.L. 101-549), or in excess of alternative
progress goals established in a state implementation plan pursuant to
Section 182 of the Clean Air Act.
(d) This section shall become inoperative five years from the date
determined pursuant to Section 32 of the act adding this
subdivision, and on the January 1 following that date is repealed.
44062.2. (a) The state board shall adopt, by regulation, procedures
to establish an emissions credit exchange program whereby persons
may contribute to the Vehicle Inspection and Repair Fund, and receive
equitable emission reduction credits for those contributions.
(b) Districts may establish procedures to generate marketable
emission reduction credits from contributions toward the repair
subsidy program specified in Section 44062.1. Emission reduction
credits generated pursuant to this subdivision may be used to meet or
offset transportation control measure requirements, average vehicle
ridership reductions, or other mobile source emission requirements,
as determined by the district.
(c) The credits established pursuant to subdivision (a) or (b)
shall not be allowed until the emission reduction goals established
by the amendments enacted in 1990 to the Clean Air Act (P.L. 101-549)
have been achieved.
(d) This section shall become operative five years from the date
determined pursuant to Section 32 of the act adding this section.
44062.3. (a) The owner of a motor vehicle that has been
continuously registered in the state for at least two years prior to
vehicle retirement, and that has failed the most recent smog check
inspection for that vehicle, may retire the vehicle from operation at
a dismantler under contract with the Bureau of Automotive Repair, at
any time after learning of the smog check failure. The department
shall pay a person who retires his or her vehicle under this section
one thousand five hundred dollars ($1,500) for a low-income motor
vehicle owner, as defined in Section 44062.1, and one thousand
dollars ($1,000) for all other motor vehicle owners. The department
may pay a motor vehicle owner more than these amounts based on
factors, including, but not limited to, the age of the vehicle, the
emission benefit of the vehicle's retirement, the emission impact of
any replacement vehicle, and the location of the vehicle in an area
of the state with the poorest air quality.
(b) The department shall permit vehicle retirement pursuant to
subdivision (a) for any motor vehicle that has been continuously
registered in the state for at least two years prior to vehicle
retirement, and that fails any type of smog check inspection lawfully
performed in the state.
44063. (a) There may be transferred into the Vehicle Inspection and
Repair Fund the proceeds of the litigation known as M.D.L. Docket
No. 150 AWT, as adjudicated in the United States District Court for
the Central District of California.
(b) The money transferred pursuant to subdivision (a) shall be
available, upon appropriation by the Legislature, for use by the
department to establish and implement a program for the repair,
retrofit, or removal of gross polluting vehicles.