Legislation and Regulations Update
The following are updates on various legislative and regulatory proposals. Although every effort is made to ensure the accuracy of the information provided, given the nature of the legislative process, the information provided may not reflect the latest updates. The most current bill information is located on the California Legislative Information website at www.leginfo.legislature.ca.gov. For more information on legislation or regulation proposals, or to learn about future opportunities for public participation, visit the About BAR page at www.bar.ca.gov.
Assembly Bill (AB) 188 relates to vehicle retirement guidelines within the Enhanced Fleet Modernization Program (EFMP). The bill would require the Air Resources Board (ARB) to amend program guidelines to make the existing miles per gallon standards for minivans applicable to light-duty trucks.
AB 630 relates to the vehicle retirement-and-replacement option in the EFMP. This bill would require ARB, in consultation with BAR, to update current EFMP guidelines by expanding allocation of funds for the retire-and-replace option and creating a “mobility option” that would offer public transportation vouchers in place of vehicle replacement. The bill would also require ARB to set specific annual goals for EFMP and retire-and-replace participation, and post that information on its public website.
Senate Bill (SB) 638 would require ARB to adopt regulations to require emission inspections of heavy-duty vehicles used for commercial purposes, and set compliance standards and inspection procedures for these vehicles. This class of vehicles is currently exempt from the Smog Check Program.
Mobile Automotive Repair Advertising
BAR has proposed a new regulation concerning advertising requirements for Automotive Repair Dealers (ARDs) who perform mobile repairs. ARDs whose business model relies primarily on mobile repair typically advertise on the internet and are more difficult to monitor than other repair dealers since they do not operate out of a registered business address. The proposed regulation was developed in response to and in collaboration with the automotive industry to address this issue. Not only will the regulation assist BAR in combating unlicensed activity, but it will help consumers with verification of a mobile ARD's license status.
The regulation package was filed with the Office of Administrative Law (OAL) and was disapproved. Following a 15-day public comment period, BAR will be resubmitting the package for OAL review.
BAR-97 Emissions Inspection System (EIS) Update
This proposed regulation would remove the requirement for a dedicated phone line to connect an EIS to the Vehicle Information Database (VID). Instead, the EIS would connect to the VID over a secure internet connection. This regulation change would also require the use of a BAR-97 certified to an updated specification that includes the integration of the Low Pressure Fuel Evaporative Tester (LPFET) into the EIS.
BAR held a regulatory workshop to discuss these changes on October 20, 2016. The regulation package is under review at the Department of Consumer Affairs (DCA) and is expected to be filed with OAL by Fall 2017, which will begin a 45-day public comment period.
Electronic Documents and Authorizations
BAR has developed proposed regulations that would allow for electronic estimates and authorizations to be used in transactions between ARDs and consumers. The proposed regulations also clarify current language and reorganize estimate, work order, and invoice provisions to more closely align with automotive repair transactions.
BAR held a regulatory workshop to discuss these changes on July 21, 2016. The regulation package is under review at DCA and is expected to be filed with OAL by Fall 2017, which will begin a 45-day public comment period.
Training Provider Requirements
This proposed regulation would update and revise the requirements for certification of training institutions and instructors to align with Smog Check licensing requirements. The regulation also establishes new Bureau Training Programs Standards, which set forth minimum standards necessary to provide training for prospective and current Smog Check licensees. Finally, the proposed regulation will allow vehicle manufacturer training to satisfy the renewal requirements for the Smog Check repair technician license.
This regulation also includes updates that conform to recent amendments made to BAR’s Disciplinary Guidelines by allowing BAR to prescribe training for licensees to further understanding and ensure compliance with current laws and regulations. The training may be required under the terms of a probationary status when licensees demonstrate insufficient understanding of BAR’s laws and regulations, or otherwise recommended as voluntary training when found to be beneficial, such as through consumer complaint mediation.
BAR held a regulatory workshop to discuss these changes on October 21, 2015. The regulation package is under review at DCA and is expected to be filed with OAL by Winter 2018 to begin a 45-day public comment period.