AB 550 was introduced earlier this year, and it doesn’t seem like it’s going anywhere. I really like AB 550 in concept, but it doesn’t go far enough – and needs more legislative protections to prevent abuse… and hopefully, win over environmental groups.

The bill proposes that Californians be given an option to pay a smog abatement fee, in lieu of passing smog check, for classic cars that are at least 30 years old. The fee was supposed to be $200.

There were some problems with the bill, namely:

• AB 550 didn’t state the period of validity of the abatement fee. Annually? For each biennial smog inspection? For the life of the car?
• It didn’t clarify what “necessary repairs” were, or who made that determination.
• Didn’t take into account engine changes or other items that are commonly associated with 30 year old classic cars.
• Didn’t address Direct Import classic cars, which are now becoming a legislative problem due to law changes in 2005 – Everyone agrees California shouldn’t be the one state you can’t easily import a foreign classic car into.
• Did not exempt commercial vehicles, so even a big rig truck could get out of smog by a $200 fee.
• Did not differentiate between classic cars that barely fail smog, and ones that fail due to being gross polluters.

Rather than throw in the towel, let’s fix that. Below is my first revised draft of a rewrite of AB 550. It will be edited over time, in the hopes of finding an assembly person that will propose and fight for its passage in the 2016 – 2017 legislative session. Specifically, it makes a few changes.

• Increases the smog abatement fee to $500, but then defines validity for six years (or three smog checks).
• Creates a $2,000 abatement fee if you chose to perform an EPA-approved (but not CARB reviewed/approved) engine change or other modification, lasting for the life of the vehicle.
• Provides for visual smog inspections for said engine-change vehicles.
• Allows Direct Import (foreign) vehicles that are covered under the “25 year classic car rule” to be imported to California by paying a $2,000 fee, and passing visual smog inspection.
• Protects the environment by excluding vehicles that are gross polluters, until they are repaired to no longer qualify as such.

And… here’s the proposed text! Comments and feedback are welcomed.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 44011.7 is added to the Health and Safety Code, to read:
44011.7. (a) The owner of a motor vehicle that is required to obtain a certificate of compliance pursuant to Section 44011 may elect to pay a smog abatement fee of five hundred dollars ($500) if the motor vehicle meets all of the following criteria:
(1) Is 30 or more model-years old.
(2) Was manufactured during or after the 1976 model-year.
(3) Fails a smog test required pursuant to this chapter, but is not declared a gross polluter.
(b) Payment of the smog abatement fee established pursuant to this section shall be made to the Department of Motor Vehicles at the time of the registration of the motor vehicle. The exemption shall be valid for three biennial smog inspections, including the current inspection for which the vehicle failed.
(c) Fees collected pursuant to this section shall be deposited in the Air Quality Improvement Fund created by Section 44274.5.
(d) Gross polluter vehicles may re-apply for this exemption once they are repaired enough to no longer be considered gross polluters.
(e) Subsequent waivers may be granted, provided the vehicle is subjected to a smog check at the end of the exemption, and does not fail due to being a gross polluter.
(f) No portion of this bill will impact the exemption of smog check for vehicles built prior to the 1976 model year.
(g) Commercial motor vehicles are excluded from this provision.

44011.8. (a) The owner of a motor vehicle that seeks to perform an engine change or modification, may elect to utilize an EPA-approved, but not ARB approved, engine or engine components, by paying an emissions equivalency fee of two thousand dollars ($2,000) if the motor vehicle meets all of the following criteria:
(1) The original motor vehicle is at least ten (10) model years old.
(2) All components placed in the vehicle are approved or permitted by the federal EPA standards, either as a standalone component, or taken from an EPA-approved motor vehicle in the same, or equivalent, class of vehicle.
(3) Components installed are made in the same year, or newer than the original motor vehicle.
(4) Passes a visual smog inspection every two years, at the same schedule as a standard smog check. Installed components must be disclosed to the smog check inspection station, and inspected for EPA permissibility and proper installation, as deemed appropriate by the ARB.
(b) The DMV will be responsible for collecting the emissions equivalency fee, application process, and compensating the Air Quality Improvement Fund.
(c) Fees collected pursuant to this section shall be deposited in the Air Quality Improvement Fund created by Section 44274.5.
(d) Fees collected will exempt the car based on its Vehicle Identification Number (VIN) and will remain in effect for the life of the vehicle, including future component changes that are also EPA approved.
(e) Visual inspection of an engine change shall still be subject to ARB referee inspection, to ensure that EPA permissible components were used, and that the components are of the same production year or newer than the motor vehicle. This subsection will be implemented at the discretion of the ARB and may be waived at the administrative discretion of the ARB.
(f) No portion of this bill will impact the exemption of smog check for vehicles built prior to the 1976 model year.
(g) Commercial motor vehicles are excluded from this provision.

44011.8. (a) The owner of a motor vehicle that is a Direct Import car, greater than 25 years old, may elect to bypass ARB emissions testing and DOT inspection, by paying an emissions equivalency fee of two thousand dollars ($2,000) if the motor vehicle meets all of the following criteria:
(1) Is legally imported into the United States
(2) Currently qualifies for an EPA emissions waiver
(3) Passes a visual smog inspection every two years.
(b) Payment of the smog abatement fee established pursuant to this section shall be made to the Department of Motor Vehicles at the time of the registration of the motor vehicle.
(c) Fees collected pursuant to this section shall be deposited in the Air Quality Improvement Fund created by Section 44274.5.
(d) The vehicle’s equivalency fee shall cover the original equipment issued by the manufacturer for the vehicle. Any modifications and engine changes would still be subject to 44011.8, unless replaced with matching equipment that is approved by ARB EO, or issued by the manufacturer for the original make and model of vehicle, regardless of model year.
(e) No portion of this bill will impact the exemption of smog check for vehicles built prior to the 1976 model year.
(f) Commercial motor vehicles are excluded from this provision.