Bill signed by Gov Schwarzenegger
SUMMARY: Includes diesel-powered vehicles manufactured after the 1997 model-year and diesel-powered vehicles with a gross vehicle weight rating of less than 8,501 pounds into the biennial smog check program, starting January 1, 2010.
The Senate amendments are significant and delete the requirement of a pilot testing program as a prelude to including diesel-powered vehicles into the biennial smog check program. Instead, the bill directs that, starting January 1, 2010, diesel-powered vehicles manufactured after the 1997 model-year and diesel-powered vehicles with a gross vehicle weight rating of less than 8,501 pounds be integrated by the Bureau of
Automotive Repairs (BAR) into the biennial smog check program. Authorizes diesel-powered vehicle smog check testing to include on-board diagnostic testing.
EXISTING LAW:
1) Requires, generally, gasoline-fueled vehicles that are registered in nonattainment areas for ozone or carbon monoxide pollutant emissions to undergo biennial inspections of their emission control equipment and systems (smog check).
2) Authorizes BAR to enforce and administer the smog check program to ensure the reduction of gaseous emissions of hydrocarbons, carbon monoxide, and oxides of nitrogen.
3) Establishes an enhanced motor vehicle inspection and maintenance program (smog check II) in each urbanized area of the state, any part of which is classified by the United States Environmental Protection Agency as a serious, severe, or extreme nonattainment area for specified air contaminants. Requires the smog tests to include, at minimum, loaded mode dynamometer testing in enhanced areas, and two-speed testing in all other program areas, and a visual or functional check of emission control devices specified by smog technicians.
4) Exempts diesel-powered vehicles from smog check, unless BAR determines that the inclusion of those vehicles is technologically and economically feasible, and, if that determination is made, requires a visual inspection of emission control devices and the diesel-powered vehicle’s exhaust emissions, and authorizes the testing of emissions of specified pollutants and the measurement of emissions of smoke or particulates, or both.
5) Finds and declares that the reduction of emissions from diesel powered vehicles, to the maximum extent feasible, is in the best interests of air quality and public health.
6) Requires the periodic evaluation of the smog check program by BAR and the Air Resources Board (ARB). Establishes the Inspection and Maintenance Review Committee Inspection and Maintenance Review Committee (IMRC) to review the evaluation and to submit a report or proposed plan to the Legislature.
AS PASSED BY THE ASSEMBLY, this bill:
1)Made findings and declarations relative to the intention and focus of the pilot program to initiate smog inspections for diesel vehicles under 14,000 pounds.
2)Required BAR, on or before January 1, 2009, in consultation with ARB, to develop and adopt, by regulation, a two-year pilot program to integrate lightweight diesel vehicles into the smog check program.
3)Established that vehicles owners will not be subject to disciplinary action as a result of the testing during the pilot program and shall be provided with the test results and information on possible ways to reduce emissions.
4)Required BAR, in consultation with ARB, to prepare and submit to the Governor and the Legislature, on or before July 1, 2011, a report on the pilot program on the number of vehicles tested each year, a comparison of the emissions of diesel to nondiesel vehicles, the overall effects of the diesel vehicles on the air quality in the state. Requires BAR to make a recommendation for permanent deployment of the program by July 1, 2012.
FISCAL EFFECT: According to the Senate Appropriations Committee, costs of $6.6 million over a two-year period for expansion of the smog check program. Further, BAR estimates a 13% (52,000 vehicles) failure rate and corresponding annual consumer assistance program costs for vehicle repairs of $2.5 million annually.
COMMENTS:
1)Background: BAR estimates 400,000 lightweight (under 14,000 pounds), diesel powered vehicles that would be integrated into the smog check program pursuant to this bill. Currently, these vehicles are not required to undergo biennial smog checks, as are required for similar non-diesel vehicles. Under existing law, prior to including diesel vehicles under the smog check requirements, BAR has to make a determination that the inclusion of diesel vehicles is technologically and economically feasible, and, if that determination is made, requires a visual inspection of emission control devices and the diesel-powered vehicle’s exhaust emissions, and authorizes the testing of emissions of specified pollutants and the measurement of emissions of smoke or particulates, or both. Also, according to sources, there is only one vendor that manufactures the tailpipe emissions of diesel vehicles.
2)State Implementation Plan (SIP): Federal clean air laws require areas with unhealthy levels of ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, and particulate matter to develop plans, known as SIPs, demonstrating how the state will achieve national ambient air quality standards. SIPs are a
compilation of new and previously submitted plans, programs (e.g., modeling, monitoring, permitting), district rules, state regulations, and federal controls. SIPs rely on certain control strategies, including emission standards for cars and heavy trucks, fuel regulations, and limits on emissions from consumer products.
Prior to obtaining legislative authority to implement this measure, ARB has included smog inspections of light-duty (8,500 pounds) diesel vehicles model years 1998 or newer as an emission control strategy in the state’s SIP for attaining the federal standard for ozone. The state SIP for ozone is expected to be adopted by ARB shortly, and this measure is proposed to be implemented in 2010.
3)South Coast Air Quality Management District Control Strategy: On-Board Diagnostic II Systems (OBD II), the second generation of on-board self-diagnosis equipment requirements for California vehicles, have been required for gasoline-powered light- and medium-duty vehicles from the 1996 model year and for diesel-powered vehicles beginning with the 1997 model year. The OBD II monitoring requirements were designed to be as comprehensive as possible with the goal of detecting nearly every cause of high vehicle emission levels. As such, OBD II systems offer the potential for assessing the emission-related performance of a vehicle, without directly measuring its emission levels, by verifying that no malfunction exists that has the potential of increasing emissions beyond the levels to which the vehicle must comply.
The OBD II systems equipped on gasoline powered vehicles are already being relied upon in conjunction with emissions testing as part of California’s smog check program and are used exclusively for emissions compliance determinations for inspection and maintenance programs in other states.
4)Support: In support of this bill, the California Automobile Association Clubs support the bill while indicating that, “For over 30 years, gasoline- powered vehicles have been mandated to undergo smog check to ensure their cleanliness. Over that time period, significant improvements in emissions have been realized. New cars are at least 95% cleaner than pre-control (1965) model year cars. For technical reasons diesel vehicles were not a part of smog check’s original program. Later, no new diesel vehicles were available for sale in the state
because they could not meet the same pollution standards as gasoline vehicles. One reason for this was that diesel fuel did not allow for advanced emission systems on vehicles because the sulfur content damaged these systems. With the new low sulfur diesel now available, some new diesel-powered vehicles will be sold in the state since it is anticipated that the new fuel will not damage these advanced emission systems. Therefore, there is no reason to exempt diesel vehicles from the smog check program. All vehicles should be
treated fairly.”