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 (Salas) relates to vehicle retirement guidelines within the Enhanced Fleet Modernization Program (EFMP). The bill requires the Air Resources Board (ARB) to amend program guidelines to make the existing miles per gallon standards for minivans applicable to light-duty trucks no later than July 1, 2019. The bill was signed by Governor Brown and files with the Secretary of State on October 10, 2017.
AB 630 (Cooper) relates to the vehicle retire-and-replace option in the EFMP. This bill would require ARB, in consultation with BAR, to update current EFMP guidelines by July 1, 2019 expanding the 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 requires ARB and BAR to set specific annual goals for EFMP and the Clean Cars 4 All retire-and-replace program that must be posted on the organizations' public website along with performance information reporting on each goal identified. The bill was signed by the Governor and filed with the Secretary of State on October 10, 2017.
AB 1069 (Low) relates to the regulation of taxicab transportation services. This bill requires that motor vehicles used in taxicab transportation services be in a safe operating condition and in compliance with the California Vehicle Code. The bill also requires an annual BAR inspection of these vehicles. The bill was signed by the Governor and filed with the Secretary of State on October 13, 2017.
AB 1274 (O’Donnell) requires ARB to expand the current biennial Smog Check exemption for six model-year or newer vehicles to include seven and eight model-year old vehicles, beginning January 1, 2019. Owners of those vehicles will be required to pay a $25 abatement fee as part of their registration fee to the Department of Motor Vehicles, of which $21 would be collected by ARB and distributed through the Carl Moyer Memorial Air Quality Standards Attainment Program. The remaining $4 will be deposited into the Vehicle Inspection and Repair Fund. The bill was signed by the Governor and filed with the Secretary of State on October 10, 2017.
Senate Bill (SB) 210 (Leyva) would require ARB and BAR to adopt regulations to require emissions inspections of heavy-duty vehicles used for commercial purposes and set compliance standards and inspection procedures for these vehicles. Heavy-duty vehicles are currently exempt from the Smog Check Program. SB 210 replaces SB 638 (Leyva), which was initially proposed to address this issue. The bill was referred to the Assembly Committee on Rules on August 28, 2017.
Mobile Automotive Repair Dealer Advertising
BAR recently adopted regulations 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 new 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 also will help consumers with verification of a mobile ARD's license status.
Electronic Documents and Consumer 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.
A public hearing was held on September 26, 2017. After reviewing comments submitted during the 45-day public comment period, BAR issued a 15-day Notice for Public Comments on revisions to the regulation text on November 3, 2017. A second 15-day Notice for Public Comment was issued on December 4, 2017. A Final Statement of Reasons, which will include responses to all comments received during the public comment periods, will be published upon filing with the Secretary of State. Adoption is expected in Spring 2018.