SB 1392

SB1392:v96#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 1392

An act to amend Section 44011 of the Health and Safety Code, and to amend Section Sections 259 and 4000.1 of the Vehicle Code, relating to air pollution.

LEGISLATIVE COUNSEL'S DIGEST

SB 1392, as amended, Cortese. Smog check: exemption: collector motor vehicles.

Existing law establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law requires all motor vehicles to biennially obtain a certificate of compliance or noncompliance, as provided. Existing law exempts specified vehicles from obtaining the certificate of compliance or noncompliance, including, among others, all motor vehicles manufactured before the 1976 model year. Existing law also exempts from specified portions of the smog test, both biennially and at transfer, a collector motor vehicle that is insured as a collector motor vehicle, is at least 35 model years old, complies with the exhaust emissions standards for that motor vehicle’s class and model year as prescribed by the department, and passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. Existing law defines collector motor vehicle for this purpose to mean a motor vehicle owned by a collector, as defined, used primarily in shows, parades, charitable functions, and historical exhibitions for display, maintenance, preservation, and not used primarily for transportation.

This bill would redefine expand the definition of a collector motor vehicle to mean include a motor vehicle that is at least 35 model years old, is used primarily in shows, parades, charitable functions, and historical exhibitions, as provided, is not used as the owner’s primary mode of transportation, and is either insured as a collector motor vehicle, as specified, or determined, as specified, to be driven fewer than 1,000 miles per calendar year. old and meets other criteria, as specified. This bill would exempt a collector motor vehicle specified collector motor vehicles manufactured before the 1981 model year from the requirement to obtain a certificate of compliance or noncompliance biennially. upon initial registration, biennially upon renewal of registration, or upon transfer of ownership. The bill would extend the applicability of this exemption by one model year each year, beginning on and after January 1, 2028, until the final extension takes effect on and after January 1, 2032, that would exempt a collector motor vehicle specified collector motor vehicles manufactured before the 1986 model year from the requirement to obtain the certificate of compliance or noncompliance. This bill would be known, and may be cited, as Jay Leno’s Law.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

This act shall be known, and may be cited, as Jay Leno’s Law.

SEC. 2.

Section 44011 of the Health and Safety Code is amended to read:

44011.

(a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following:

(1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles.

(2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months.

(3) All motor vehicles manufactured before the 1976 model year.

(4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model years old.

(B) (i) Beginning January 1, 2005, all motor vehicles six or less model years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act.

(ii) Notwithstanding clause (i), beginning January 1, 2019, all motor vehicles eight or less model years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act.

(iii) Clause (ii) does not apply to a motor vehicle that is seven model years old in year 2018 for which a certificate of compliance has been obtained.

(C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply:

(i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emission control system or would fail for other cause a smog check test as specified in Section 44012.

(ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state.

(iii) The vehicle is being registered as a specially constructed vehicle.

(iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing.

(D) This paragraph does not apply to diesel-powered vehicles.

(5) In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection.

(6) All motor vehicles that the department determines would present prohibitive inspection or repair problems.

(7) Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage.

(8) (A) All diesel-powered vehicles manufactured before the 1998 model year.

(B) All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.

(C) All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.

(D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater.

(9) A collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 of the Vehicle Code manufactured before the 1981 model year.

(10) On and after January 1, 2028, a collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 of the Vehicle Code manufactured before the 1982 model year.

(11) On and after January 1, 2029, a collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 of the Vehicle Code manufactured before the 1983 model year.

(12) On and after January 1, 2030, a collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 of the Vehicle Code manufactured before the 1984 model year.

(13) On and after January 1, 2031, a collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 of the Vehicle Code manufactured before the 1985 model year.

(14) On and after January 1, 2032, a collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 of the Vehicle Code manufactured before the 1986 model year.

(b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas.

(c) For purposes of subdivision (a), a any collector motor vehicle vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 if the collector motor vehicle meets all of the following criteria:

(1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau.

(2) The motor vehicle is at least 35 model years old.

(3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.

(d)For purposes of this section, “collector motor vehicle” has the same meaning as defined in Section 259 of the Vehicle Code.

SEC. 3.

Section 259 of the Vehicle Code is amended to read:

259.

“Collector motor vehicle” means a motor vehicle that meets all both of the following criteria:

(a) The motor vehicle is at one of the following:

(1) At least 35 model years old. old and is either insured as a collector motor vehicle with proof of insurance submitted to the department at the time of registration as a collector motor vehicle or determined, through a process developed by the department, to be driven fewer than 1,000 miles per calendar year.

(2) Described in subdivision (a) of Section 5004.(3) A special interest vehicle, as defined in Section 5051.

(b) The motor vehicle is used primarily in shows, parades, charitable functions, and historical exhibitions for display, maintenance, and preservation, and is not used as the owner’s primary mode of transportation.

(c)The motor vehicle is either insured as a collector motor vehicle with proof of insurance submitted to the department at the time of registration or determined, through a process developed by the department, to be driven fewer than 1,000 miles per calendar year.

SEC. 4.

Section 4000.1 of the Vehicle Code is amended to read:

4000.1.

(a) Except as otherwise provided in subdivision (b), (c), or (d) of this section, or subdivision (b) of Section 43654 of the Health and Safety Code, the department shall require upon initial registration, and upon transfer of ownership and registration, of any motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a valid certificate of compliance or a certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.

(b) With respect to new motor vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, the department shall accept a statement completed pursuant to subdivision (b) of Section 24007 in lieu of the certificate of compliance.

(c) For purposes of determining the validity of a certificate of compliance or noncompliance submitted in compliance with the requirements of this section, the definitions of new and used motor vehicle contained in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code shall control.

(d) Subdivision (a) does not apply to a transfer of ownership and registration under any of the following circumstances:

(1) The initial application for transfer is submitted within the 90-day validity period of a smog certificate as specified in Section 44015 of the Health and Safety Code.

(2) The transferor is the parent, grandparent, sibling, child, grandchild, or spouse of the transferee.

(3) A motor vehicle registered to a sole proprietorship is transferred to the proprietor as owner.

(4) The transfer is between companies the principal business of which is leasing motor vehicles, if there is no change in the lessee or operator of the motor vehicle or between the lessor and the person who has been, for at least one year, the lessee’s operator of the motor vehicle.

(5) The transfer is between the lessor and lessee of the motor vehicle, if there is no change in the lessee or operator of the motor vehicle.

(6) The motor vehicle was manufactured prior to the 1976 model-year. model year.

(7) Except for diesel-powered vehicles, the transfer is for a motor vehicle that is four or less model-years model years old. The department shall impose a fee of eight dollars ($8) on the transferee of a motor vehicle that is four or less model-years model years old. Revenues generated from the imposition of that fee shall be deposited into the Vehicle Inspection and Repair Fund.

(8) The motor vehicle is a collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 and that is manufactured before the 1981 model year.(9) On and after January 1, 2028, the motor vehicle is a collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 and that is manufactured before the 1982 model year.(10) On and after January 1, 2029, the motor vehicle is a collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 and that is manufactured before the 1983 model year.(11) On and after January 1, 2030, the motor vehicle is a collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 and that is manufactured before the 1984 model year.(12) On and after January 1, 2031, the motor vehicle is a collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 and that is manufactured before the 1985 model year.(13) On and after January 1, 2032, the motor vehicle is a collector motor vehicle that meets the criteria of paragraph (1) of subdivision (a) of Section 259 and that is manufactured before the 1986 model year.

(e) The State Air Resources Board, under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, may exempt designated classifications of motor vehicles from subdivision (a) as it deems necessary, and shall notify the department of that action.

(f) Subdivision (a) does not apply to a motor vehicle when an additional individual is added as a registered owner of the motor vehicle.

(g) For purposes of subdivision (a), any collector motor vehicle, as defined in Section 259, is exempt from those portions of the test required by subdivision (f) of Section 44012 of the Health and Safety Code, if the collector motor vehicle meets all of the following criteria:

(1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau.

(2) The motor vehicle is at least 35 model-years model years old.

(3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.