2001 Legislative Package

AB 1172 (Kuehl)

Improvements to the Smog Check Program
Sponsor: Air Resources Board

Summary:

SB 1172 (Kuehl) repeals the Smog Check 30-year rolling exemption that commences in 2003.

Background:

The Smog Check program improves air quality by ensuring that vehicles comply with applicable emissions standards as they age. Smog Check is a key element of California’s clean air plan - the Ozone State Implementation Plan (SIP) which was adopted by the U.S. Environmental Protection Agency. Federal law also requires transportation agencies to conform to the SIP in order to receive federal funding. The SIP sets a budget of emissions from on-road motor vehicles to which transportation agencies conform.

Currently, there are several types of vehicles that are exempt from Smog Check: motorcycles, diesel-powered vehicles, all 1973 and older vehicles, vehicles four model-years old and newer, as well as non-combustion engine vehicles. SB 42 (Kopp), enacted in 1997 (Chapter 801), exempted 1966-1973 vehicles from the Smog Check program and created the 30-year rolling exemption that will take effect in 2003. The 30-year rolling exemption will exempt post-1973 vehicles from Smog Check when each model year becomes 30 years old. Thus, in 2003, vehicle model year 1974 will be exempt. In 2004, vehicle model year 1975 will be exempt, and so on. Prior to SB 42, only pre-1966 vehicles were exempted from the program.

The Department of Consumer Affairs (DCA) administers a repair assistance program for consumers whose vehicles fail a Smog Check. Individuals may qualify for up to $500 in repair assistance in two ways. Consumers that earn less than 185 percent of the federal poverty guidelines qualify for assistance. They must pay the first $20 toward diagnosis and repair. Consumers of any income that are directed to “test-only” Smog shops are also eligible for up to $500 if they pay $100 toward repairs. Alternatively, consumers may choose to retire their vehicle in exchange for $1,000. In addition, two-year waivers are given to consumers whose vehicles fail a Smog Check and do not qualify for repair assistance. To qualify for the waiver, at least $450 of repairs must be made to the vehicle at a licensed Smog Check station.

Problem:

Smog Check is achieving significant emission reductions, but it is not delivering the full benefits that California committed to achieve in the SIP. In July 2000, ARB reported that California is only achieving 60 percent of the SIP for hydrocarbons (HC) and 59 percent for oxides of nitrogen (NOx) that California committed to achieve for the Enhanced Smog Check program. A number of factors contribute to the shortfall, including the exemption of the older cars in 1997.

While steps have been taken administratively to help achieve the necessary emission reductions, repealing the 30-year exemption is an easy way to avoid losing additional reductions. In 2005, the 30-year rolling exemption will exempt an additional 141,000 from Smog Check. By 2010, 567,000 vehicles and by 2020, 1,459,000 vehicles will be exempted and will still be on the state’s roads. Approximately 27 percent of the vehicles exempted by the rolling exemption would fail a Smog Check test.

In addition, cars that become exempted from the Smog Check program as the result of the rolling 30-year exemption will no longer be eligible for the DCA’s Consumer Repair Assistance Programs. These programs are only available for vehicles subject to the Smog Check program.

Analysis:

Because older vehicles contribute a disproportionate amount of emissions (despite their relatively low numbers and use), excluding older vehicles from the program reduces the effectiveness of the Smog Check program. Eliminating the 30-year exemption would prevent the further loss of reductions while minimally impacting consumers - the vehicles subject to the 30-year rolling exemption are currently in the program. In addition, SB 1172 preserves eligibility for aging cars for the DCA’s consumer assistance programs.

The potential emission reductions from the elimination of the 30-year rolling exemption have been calculated for the South Coast Air Basin (2010). These calculations show that eliminating the 30-year exemption will achieve a 3.1 tons per day reduction in hydrocarbons (HC) and 2.5 tons per day reduction of oxides of nitrogen (NOx). These reductions equate to approximately 4.8 percent of the SIP commitment for the South Coast Air Basin in 2010.

SB 1172 is a cost-effective way to prevent further losses in emission reductions from the Smog Check program.

Contact:

Rob Oglesby, Legislative Director
Air Resources Board
(916) 322-8520

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