AB 719

Current law requires the Department of Transportation (DOT) to conduct a

motor vehicle emission inspection and maintenance program (I/M program) in

counties in which the air quality does not meet certain federal standards. Under the

I/M program, most motor vehicles that are subject to emission limitations

established by the Department of Natural Resources (DNR) must pass periodic

emission inspections and may not be registered by DOT unless they have passed

these inspections. DOT may contract with third parties to perform vehicle emission

inspections under the I/M program. Current law prohibits DOT from contracting

with a person engaged in the business of selling, maintaining, or repairing motor

vehicles or of selling motor vehicle replacement or repair parts (vehicle dealer or

servicer). Current law also provides that, if a vehicle fails to pass an emission

inspection, any repair or adjustment necessary to bring the vehicle into compliance

with applicable emission limitations may be made by the vehicle owner or by any

person selected by the owner.

This bill allows DOT to contract with any person to perform vehicle emission

inspections under the I/M program, including a vehicle dealer or servicer. The bill

also specifies that DOT may allow third-party contractors to enter into subcontracts

for the performance of the contractor's functions or duties, but the subcontractor

must comply with all requirements applicable to the contractor. With DOT's

approval, the third-party contractor may also subcontract with a vehicle dealer or

servicer. The bill also allows vehicle emission inspections to be performed by DOT

or by persons who are authorized by DOT to perform the inspections but who are not

under contract with DOT. If an emission inspection is performed by a vehicle dealer

or servicer, and the vehicle fails the inspection, the vehicle dealer or servicer must

advise the vehicle owner that the owner is not required to have any necessary repair

or adjustment made by, or to purchase any necessary service or part from, the vehicle

dealer or servicer and has the right to select a vendor of the owner's own choice. DOT

rules must require each vehicle dealer or servicer that performs emission inspections

to periodically report to DOT information related to vehicle repairs and reinspections

after a failed inspection. DOT must make information gathered from these reports

available to the public.

The bill allows DOT, with the concurrence of DNR, to grant temporary vehicle

emission inspection exemptions during any period in which DOT is unable to operate

the I/M program. The bill requires DOT to prescribe procedures for granting

temporary vehicle emission inspection exemptions and for authorizing persons other

than contractors to perform motor vehicle emission inspections.