20250SB__071296AMD INTRODUCED 2025-02-21 AMENDED_SENATE 2025-03-24 AMENDED_SENATE 2025-05-28 AMENDED_ASSEMBLY 2025-07-16 2025 SB AMD Introduced by Senator Grove (Principal coauthor: Senator Cortese) (Principal coauthor: Assembly Member Wallis) (Coauthors: Senators Alvarado-Gil, Archuleta, Choi, Dahle, Jones, Niello, Ochoa Bogh, Richardson, Seyarto, Strickland, and Valladares) (Coauthors: Assembly Members Alanis, Castillo, Davies, Ellis, Gallagher, Jeff Gonzalez, Hadwick, Lackey, Patterson, and Michelle Rodriguez) LEAD_AUTHOR SENATE Grove PRINCIPAL_COAUTHOR SENATE Cortese PRINCIPAL_COAUTHOR ASSEMBLY Wallis COAUTHOR SENATE Alvarado-Gil COAUTHOR SENATE Archuleta COAUTHOR SENATE Choi <caml:Contribution>COAUTHOR</caml:Contribution><caml:House>SENATE</caml:House><caml:Name>Cortese</caml:Name></caml:Legislator>"?> COAUTHOR SENATE Dahle COAUTHOR SENATE Jones COAUTHOR SENATE Niello COAUTHOR SENATE Ochoa Bogh COAUTHOR SENATE Richardson COAUTHOR SENATE Seyarto COAUTHOR SENATE Strickland COAUTHOR SENATE Valladares COAUTHOR ASSEMBLY Alanis COAUTHOR ASSEMBLY Castillo COAUTHOR ASSEMBLY Davies COAUTHOR ASSEMBLY Ellis COAUTHOR ASSEMBLY Gallagher COAUTHOR ASSEMBLY Jeff Gonzalez COAUTHOR ASSEMBLY Hadwick COAUTHOR ASSEMBLY Lackey COAUTHOR ASSEMBLY Patterson COAUTHOR ASSEMBLY Michelle Rodriguez

An act to amend, repeal, and add

Section of the Health and Safety Code, and to amend, repeal, and add

Section 4000.1 of the Vehicle Code, relating to air pollution. air pollution Smog check: motor vehicles: exemption. 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 exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 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 model years old, complies with the exhaust emissions standards for that motor vehicle’s class and model year as prescribed by the department, and that passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.

This bill would, commencing on January 1, 2027, additionally fully exempt from the smog check requirements, both biennially and at transfer, a motor vehicle that was manufactured prior to the model year, has been assigned a special identification plate indicating that it is a historical vehicle, and is insured as a collector motor vehicle, as specified. The bill, beginning January 1, 2028, would expand this exemption by one model year, every year, for years. The bill would be known, and may be cited as, Leno’s Law. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1. This act shall be known, and may be cited as, Leno’s Law.

SEC. 2.

Section 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 prior to the 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 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 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 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 prior to the 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. (

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 collector motor vehicle, as defined in

Section of the Vehicle Code, is exempt from those portions of the test required by subdivision (

f) of

Section 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 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) This

section shall remain in effect only until January 1, 2027, and as of that date is repealed.

SEC. 3.

Section is added to the Health and Safety Code , 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 prior to the 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 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 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 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 prior to the 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)<xhtml:span class="EnSpace"/>A motor vehicle that is at least model years old and meets the following criteria:</xhtml:p>"?>

(9) A motor vehicle that was manufactured prior to the model year and meets the following criteria: (

A) The motor vehicle has been assigned a special identification plate indicating that it is a historical vehicle, pursuant to

Section of the Vehicle Code. (

B) The motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau.

(10) A motor vehicle exempted pursuant to paragraph (9), as follows: (

A) On January 1, 2028, paragraph (9) shall apply to a motor vehicle that was manufactured prior to the model year. (

B) On January 1, 2029, paragraph (9) shall apply to a motor vehicle that was manufactured prior to the model year. (

C) On January 1, 2030, paragraph (9) shall apply to a motor vehicle that was manufactured prior to the model year. (

D) On January 1, 2031, paragraph (9) shall apply to a motor vehicle that was manufactured prior to the model year. (

E) On January 1, 2032, paragraph (9) shall apply to a motor vehicle that was manufactured prior to the 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 collector motor vehicle, as defined in

Section of the Vehicle Code, is exempt from those portions of the test required by subdivision (

f) of

Section 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 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) This

section shall become operative on January 1, 2027.

SEC.

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 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 of the Health and Safety Code, a valid certificate of compliance or a certificate of noncompliance, as appropriate, issued in accordance with

Section of the Health and Safety Code. (

b) With respect to new motor vehicles certified pursuant to

Chapter 2 (commencing with

Section 43100) of Part of Division of the Health and Safety Code, the department shall accept a statement completed pursuant to subdivision (

b) of

Section 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 of Division 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 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 model year.

(7) Except for diesel-powered vehicles, the transfer is for a motor vehicle that is four or less 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 old. Revenues generated from the imposition of that fee shall be deposited into the Vehicle Inspection and Repair Fund. (

e) The State Air Resources Board, under

Part 5 (commencing with

Section 43000) of Division 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 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 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. (

h) This

section shall remain in effect only until January 1, 2027, and as of that date is repealed.

SEC.

Section 4000.1 is added to the Vehicle Code , to read: 4000.1. (

a) Except as otherwise provided in subdivision (b), (c), or (

d) of this section, or subdivision (

b) of

Section 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 of the Health and Safety Code, a valid certificate of compliance or a certificate of noncompliance, as appropriate, issued in accordance with

Section of the Health and Safety Code. (

b) With respect to new motor vehicles certified pursuant to

Chapter 2 (commencing with

Section 43100) of Part of Division of the Health and Safety Code, the department shall accept a statement completed pursuant to subdivision (

b) of

Section 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 of Division 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 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 model year.

(7) Except for diesel-powered vehicles, the transfer is for a motor vehicle that is four or less 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 old. Revenues generated from the imposition of that fee shall be deposited into the Vehicle Inspection and Repair Fund. (8)<xhtml:span class="EnSpace"/>The motor vehicle is at least model years old and meets the following criteria:</xhtml:p>"?>

(8) A motor vehicle that was manufactured prior to the model year and meets the following criteria: (

A) The motor vehicle has been assigned a special identification plate indicating that it is a historical vehicle, pursuant to

Section 5004. (

B) The motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau.

(9) A motor vehicle exempted pursuant to paragraph (8), as follows:: (

A) On January 1, 2028, paragraph (8) shall apply to a motor vehicle that was manufactured prior to the model year. (

B) On January 1, 2029, paragraph (8) shall apply to a motor vehicle that was manufactured prior to the model year. (

C) On January 1, 2030, paragraph (8) shall apply to a motor vehicle that was manufactured prior to the model year. (

D) On January 1, 2031, paragraph (8) shall apply to a motor vehicle that was manufactured prior to the model year. (

E) On January 1, 2032, paragraph (8) shall apply to a motor vehicle that was manufactured prior to the model year. (

e) The State Air Resources Board, under

Part 5 (commencing with

Section 43000) of Division 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 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 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. (

h) This

section shall become operative on January 1, 2027.