Leno's Law, California, CARB, EPA, and Imported Cars

 

There has been some buzz recently with talk of the EPA, CARB, and other agencies being closed, defunded, or neutered.  There is also talk about SB 712 : Smog Check Exemption or Leno’s law.  For more than 25 years, we have been in California and bringing direct import (Gray market) cars into EPA, and California compliance.   We don't see any changes happening to the current system in the near future.  The smog bills come up every few years, and never make it very far. The EPA and CARB are deeply intrenched in government and environmental issues. 

Current California laws for direct import vehicles

1967 model year vehicles and older - no modifications and testing are required to register the vehicle in California.

1968 model year to 1974 model year vehicles - California does not recommend the purchase or importation of these years of NON-USA vehicles, even if currently registered in another state. These vehicles require compliance with USEPA requirements in effect on the specific date of 11/15/1972. This provision when written, was considered by the California legislature as a gradual phase-out of very dirty "non-collectable" types of imports, as this specific requirement was understood to become increasingly difficult to meet. Today, this requirement, while not impossible to meet, would require testing expenses and modifications that far exceed most vehicles value and would make little sense from a collectors standpoint to attempt. The limited exemptions that could have applied to individuals moving to California were closed by VIN 2017-15 (Direct Import Vehicles Update)  Contact the DMV for more information.

1975 model year vehicles to the present - (EXCLUDING any vehicle obtained by a California resident within two years of its date of production) require a "Certificate of Conformance" issued by the ARB after a successful laboratory test. This test is administered to the same standards required of new vehicle manufacturers, and for the model year of the vehicle . However, unlike new vehicle manufacturers, as an individual you are not required to meet the full range of additional testing and equipment standards such as On-Board Diagnostic (OBD) requirements, durability testing, low emission fleet averaging, or Zero Emissions Vehicle testing (LEV and ZEV requirements). So while these standards reference what a manufacturer must do, when required by the Direct Import requirements they apply to individuals importing a used motor vehicle.

Motorcycles and heavy-duty engines - (used in trucks and buses) are required to comply with CA or USEPA from the date of manufacturer, no after-the-fact modification is permitted for products first sold outside the US market.

Diesel vehicles - 1979 model year and older vehicles with original-equipment diesel engines are exempt from Direct Import lab testing requirements. Please note that any vehicle converted to operate on diesel fuel is subject to lab testing requirements if it is a 1968 model year vehicle or newer.

CARB

So what if CARB (California Air Resources Board) goes away? Well honestly the chances of that happening are pretty slim.  CARB was established in 1967. California is the only state that can set its own emissions standards in accordance with the Federal Air Quality Act of 1967 and eventually the Clear Air Act . So a state can choose to follow EPA emissions requirements or California emissions requirements Currently, 17 states, along with the District of Columbia, have adopted California's stricter vehicle emissions standards, also known as the California Air Resources Board (CARB) standards. Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Virginia, Minnesota, Colorado, New Mexico, Arizona, and Florida.

Even if they did lose the ability to set their own emissions requirements, we could see the litigation involved lasting many years. On top of that the California DMV, BAR,Department of Consumer Affairs, and law enforcement would all have to align to make it possible to register and title vehicles in California. If you have ever dealt with bureaucracy you know this would take many, many years to sort out. 

SB712

SB 712 also referred to as Leno’s law is proposed legislation to change the current smog check laws in California. Currently most cars(other than new) 1976 or newer get a smog or emissions test every two years. The proposal wants to have a rolling exemption for vehicles at least 35 years old with collector car insurance.   The truth about these bills for exemption come up every few years, but generally get no traction. The reason is that in California rolling back any emissions related legislature is not popular. They would generally like to be seen as the ones making the air “cleaner” rather than “dirtier.”  With Jay Leno and SEMA behind this regulation, and the collector car insurance requirement, the arguments about the small amount of impact may have some traction. 

 

Now with that said, this only applies to cars originally sold in the US that meet EPA requirements when sold. Direct Import vehicles over 21 years old are exempt from EPA requirements, but in California in order to be registered must be brought into compliance with US standards before able to be registered.  So for instance the current laws in California require a direct import car that is a 1975 be brought into CARB requirements, but then being a 1975 it is exempt from smog testing.  We see this same thing happening if SB712 managed to get passed.

SB 712, as introduced, Grove. Smog check: 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 1976 model year. Existing law also exempts from specified portions of the smog test 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 that passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.

 

This bill would delete the above partial smog check exemption for collector motor vehicles from existing law. Instead, the bill would fully exempt a collector motor vehicle from the smog check requirement if the vehicle is at least 35 model years old and proof is submitted that the motor vehicle is insured as a collector motor vehicle, as specified.

EPA and Clean Air Act

 

Like the CARB even if the EPA was defunded, and the Clean Air Act was struck, we expect many years of litigation brought in front of sympathetic judges. 

The Clean Air Act (CAA) is the comprehensive federal law that regulates air emissions from stationary and mobile sources. Among other things, this law authorizes EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants