State Codes and Statutes

Statutes > California > Hsc > 44030-44045.6

HEALTH AND SAFETY CODE
SECTION 44030-44045.6



44030.  (a) The department shall develop standards for the licensing
of smog check stations. Tests, service, and adjustment at smog check
stations shall be performed by a qualified smog check mechanic.
   (b) The licensing standards for smog check stations may include,
but are not limited to, requirements for all of the following:
   (1) Use of computerized and tamper-resistant testing equipment,
including, but not limited to, test analyzer systems meeting the
current requirements of the department.
   (2) Annual license renewal.
   (3) Onsite availability of current emission control system
information and service and adjustment procedures.




44030.5.  The department shall develop standards for certification
of institutions and instructors for purposes of providing training of
smog check mechanics. The standards shall include criteria for
applications, manuals, textbooks, laboratory equipment, laboratory
exercises, hands-on work, examinations, and other matters the
department determines necessary for a certified course of
instruction.
   The standards shall also specify the conditions under which an
institution or instructor may be decertified, and under which a
decertified institution or instructor may regain certification.



44031.5.  (a) No smog check technician may perform tests or make
repairs required by this chapter, for compensation, unless qualified
by the department for the class and category of vehicle being tested
or repaired. To qualify, smog check technicians shall pass a
qualification test administered by the department, in addition to
meeting prerequisite minimum experience and training criteria
established by the department, pursuant to Section 44045.5. Passage
of the qualification test shall, and training may, also be required
upon each biennial renewal of the smog check technician's license.
   (b) The department shall prescribe training and periodic
retraining courses for licensed smog check technicians pursuant to
Section 44045.6.
   (c) Whenever the department determines, through investigation,
that a previously qualified smog check technician may lack the skills
to reliably and accurately perform the test or repair functions
within the required qualification, the department may prescribe for
the technician one or more retraining courses which have been
certified by the department. The smog check technician may request
and be granted a hearing, pursuant to Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, on the department's determination. The request for a hearing
shall be submitted within 30 days of the department's notification of
its determination. A failure to complete the prescribed retraining
course within the time designated by the department, or to request a
hearing within 30 days of the department's notification of its
determination, shall result in loss of qualification. Upon a later
completion of the prescribed department certified retraining course,
the department may reinstate the smog check technician's
qualification.
   (d) Smog check technicians shall have the option to do hands-on
work in lieu of written work in order to successfully complete the
department certified training and retraining courses or may complete
comparable military training as documented by submission of
Verification of Military Experience and Training (V-MET) records in
lieu of meeting any other training-related requirements of this
section.
   (e) The institution administering the department certified
training or retraining courses shall issue a certificate of
completion to each person who successfully completes the certified
courses. The certificate shall be valid for two years.
   (f) The department may, by regulation, establish procedures
relating to the issuance and use of photo identification cards for
licensed technicians.


44032.  No person shall perform, for compensation, tests or repairs
of emission control devices or systems of motor vehicles required by
this chapter unless the person performing the test or repair is a
qualified smog check technician and the test or repair is performed
at a licensed smog check station. Qualified technicians shall perform
tests of emission control devices and systems in accordance with
Section 44012.



44033.  (a) (1) Any facility meeting the requirements established by
the department pursuant to this chapter may be licensed as a
test-only, test and repair, or repair-only smog check station. A
licensed smog check station shall display an identifying sign
prescribed by the department in a manner conspicuous to the public.
   (2) A licensed smog check station certified pursuant to Section
44014.2 shall display an identifying sign prescribed by the
department.
   (b) No licensed or certified smog check station shall require, as
a condition of performing the test, that any needed repairs or
adjustment be done by the person, or at the facility of the person,
performing the test.
   (c) If a motor vehicle, including a commercial vehicle, is tested
at a facility licensed to perform tests and repairs pursuant to this
chapter, the facility shall provide the customer with a written
estimate pursuant to Section 9884.9 of the Business and Professions
Code. The written estimate shall contain a notice to the customer
stating that the customer may choose another smog check station to
perform needed repairs, installations, adjustments, or subsequent
tests.
   (d) Charges for testing or repair, or both, shall be separately
stated.
   (e) The department shall require the posting of station licenses
and qualified technicians' certificates prominently in each place of
business so as to be readily visible to the public.



44034.  Annual license fees for smog check stations and biennial
license fees for smog check technicians shall be imposed by the
department, but shall not exceed the reasonable cost of administering
the qualifications and licensing program.




44034.1.  The department may impose an examination fee, sufficient
to recover the reasonable cost of administering, developing, and
updating the examination, for initial and biennial renewal smog check
technician applicants. Payment of the fee entitles the applicant to
be scheduled for an examination. The department may contract for
collection of the fee.



44035.  (a) A smog check station's license or a qualified smog check
technician's qualification may be suspended or revoked by the
department, after a hearing, for failure to meet or maintain the
standards prescribed for qualification, equipment, performance, or
conduct. The department shall adopt rules and regulations governing
the suspension, revocation, and reinstatement of licenses and
qualifications and the conduct of the hearings.
   (b) The department or its representatives, including quality
assurance inspectors, shall be provided access to licensed stations
for the purpose of examining property, station equipment, repair
orders, emissions equipment maintenance records, and any emission
inspection items, as defined by the department.



44036.  (a) The consumer protection-oriented quality assurance
portion of the motor vehicle inspection program shall ensure uniform
and consistent tests and repairs by all qualified smog check
technicians and licensed smog check stations throughout the state,
and shall include a number of stations providing referee functions
available to consumers.
   (b) (1) All licensed smog check stations shall utilize original
equipment and replacement parts that are certified by the department.
The department may enter into a contract for the supply or service
of certified equipment with the manufacturers and service providers
of this equipment. The department shall afford to the smog check
station the option to purchase the equipment or service directly from
the contractor or any other provider of certified equipment or
service, as determined by the department. A contract executed
pursuant to this paragraph may authorize compensation to the
contractor as provided in subdivision (c) of Section 44037.2.
   (2) The department shall charge a fee for certification testing of
the equipment or the replacement parts. The fee for certification
testing of equipment shall be fixed by the department based upon its
actual costs of certification testing, shall be calculated from the
time that the equipment is submitted for certification testing until
the time that the certification testing is complete, and shall not
exceed ten thousand dollars ($10,000). The fee for certification
testing of replacement parts shall be determined by the department
based upon its actual costs of certification testing, shall be
calculated from the time that the replacement part is submitted for
certification testing until the time that the certification testing
is complete, and shall not exceed two thousand five hundred dollars
($2,500).
   (3) The department shall adopt, and may revise, standards for
certification and decertification of the equipment, that may include
a device for testing of emissions of oxides of nitrogen. The
department shall adopt, and update as necessary, equipment standards
that may include a test analyzer system containing any or all of the
following components:
   (A) A microprocessor to control test sequencing, selection of
proper test standards, the automatic pass or fail decision, and the
format for the test report and the recorded data file. The
microprocessor shall be capable of using a standardized programming
language specified by the department.
   (B) An exhaust gas analysis portion with an analyzer for
hydrocarbons, carbon monoxide, and carbon dioxide that is designed to
accommodate an optional oxides of nitrogen analyzer. An oxides of
nitrogen analyzer shall be required in the enhanced program areas.
   (C) Equipment necessary to perform visual and functional tests of
emission control devices required by the department.
   (D) A device to accept and record motor vehicle identification
information, including a device capable of reading barcode
information pursuant to regulations of the state board. The device
shall have the ability to identify, with the cooperation of the
Department of Motor Vehicles, smog inspections performed on vehicles
sold by used car dealers.
   (E) A device to provide a printed record of the test process and
diagnostic information for the motorist.
   (F) A mass storage device capable of storing not less than the
minimum amount of program software and data specified by the
department.
   (G) A device to provide for the periodic modification of all
program and data files contained on the mass storage device, using a
standardized form of removable media conforming to specifications of
the department.
   (H) A device that provides for the storage of test records on a
standardized form of removable media conforming to specifications of
the department.
   (I) One or more communications ports conforming to the
specifications established by the department as necessary to provide
real time communication, or communication that is consistent with
maintaining a superior quality assurance program and efficient
information transfer, between the test equipment and the centralized
computer database through the computer network maintained by the
department pursuant to Section 44037.1.
   (J) An interface capable of monitoring equipment used with loaded
mode testing, idle testing, onboard diagnostic testing, or other
tests prescribed by the department.
   (K) A real-time computer data program that would prevent a
certificate of compliance from being issued if a vehicle is
identified as having an excessive variance from computer data for
that vehicle, mismatched information, or other irregularities.
   (L) Any other features that the department determines are
necessary to increase the effectiveness of the program, including,
but not limited to, a loaded mode dynamometer for purposes of oxides
of nitrogen detection, and other equipment necessary to detect
nonexhaust-related volatile organic compound emissions, such as those
found in fuel system evaporative emissions and crankcase ventilation
emissions.
   (c) (1) The department shall not require smog check stations to
use equipment that meets revised standards for certification and
decertification of equipment pursuant to subdivision (b) earlier than
January 1, 2013.
   (2) If existing smog check stations licensed pursuant to this
chapter or training institutions certified pursuant to Section
44030.5 are required to make investments of more than ten thousand
dollars ($10,000) to acquire equipment to meet the requirements of
this subdivision, the department shall submit recommendations to the
Governor and the Legislature for any appropriate mitigation measures,
including, but not limited to, subsidies, equipment leases, grants,
or loans.
   (3) The department may defer the requirement for any equipment,
external to the chassis of the test analyzer system, needed to read
barcode information, until a substantial portion of the vehicles
subject to this chapter are equipped with barcode labels.
   (4) Prior to the imposition of a requirement for equipment meeting
the requirements of subdivision (b), every smog check station shall
use equipment meeting the specifications of the department in effect
on January 1, 1996.
   (d) The quality assurance portion shall provide for inspections of
licensed smog check stations, data collection and forwarding,
equipment accuracy checks, operation of referee stations, and other
necessary functions. If the services are contracted for pursuant to
subdivision (e) of Section 44014, the department shall prepare
detailed specifications and solicit bids from private entities for
the implementation of the quality assurance functions.
   (e) The department may revise the specifications for equipment
annually if the cost thereof is less than 20 percent of the total
system cost. A more comprehensive revision to the specifications may
be required not more often than every five years.
   (f) (1) Equipment manufacturers shall furnish to the department,
and shall install, software and hardware updates as specified by the
department. The department shall allow equipment manufacturers six
months, from the date the department issues its proposed
specifications for periodic software and hardware updates, to obtain
department approval that the updates meet the proposed specifications
and to install the updates in all equipment subject to the updates.
During the first 30 days of the six-month period, the manufacturers
shall be permitted to review and to comment upon the proposed
specifications. However, notwithstanding any other provision of this
section, the department may order manufacturers to install software
and hardware changes in a shorter period of time upon a finding by
the department that a previously installed update does not meet
current specifications.
   (2) The department may establish hardware specifications,
performance standards, and operational requirements for the
certification and continuing certification of the equipment specified
in subdivision (b).
   (3) A manufacturer's failure to furnish or install required
software updates or to meet the specifications, standards, or
requirements established pursuant to paragraph (2), is cause for the
department to decertify the manufacturer's test analyzer system or to
issue a citation to the manufacturer. The citation shall specify the
nature of the violation and may specify a civil penalty not to
exceed one thousand dollars ($1,000) for each day the manufacturer
fails to furnish or install the specified software updates by the
specified period. In assessing a civil penalty pursuant to this
paragraph, the department shall give due consideration, in
determining the appropriateness of the amount of the civil penalty,
to factors such as the gravity of the violation, the good faith of
the manufacturer, and the history of previous violations.
   (4) The citations shall be served pursuant to subdivision (c) of
Section 11505 of the Government Code. The manufacturer may request a
hearing in accordance with Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code. A request
for a hearing shall be submitted in writing within 30 days of service
of the citation, and shall be delivered to the office of the
department in Sacramento. Hearings and related procedures under this
paragraph shall be conducted in the same manner as proceedings for
adjudication of an accusation under that Chapter 5, except as
otherwise specified in this article.
   (5) If within 30 days from the date of service of the citation,
the manufacturer fails to request a hearing, the citation shall be
deemed the final order of the department.
   (6) Any failure to comply with the final order of the department
for payment of a civil penalty, or to pay the amount specified in any
settlement executed by the licensee and the Director of Consumer
Affairs, is cause for decertification of the manufacturer's test
analyzer system.



44036.1.  The department may require that equipment manufacturers,
submitting equipment for certification pursuant to Section 44036,
submit proof of financial security, including, but not limited to,
insurance sufficient to cover product liability claims, and secured
funds for prepaid warranty or service contracts.



44036.2.  (a) To ensure uniform and consistent inspection, tests,
and repairs by all qualified smog check technicians and licensed smog
check stations, and to ensure consumer protection, manufacturers of
motor vehicles shall provide, or cause to be provided, all emission
control system service information that is necessary to properly
inspect, test and repair those vehicles. Unless otherwise provided,
that information shall be required for all 1980 and newer model-year
vehicles and shall consist of all of the following:
   (1) General specifications showing the make, model, and
classification of the vehicle.
   (2) The identification, location, and description of all emission
control equipment on the vehicle.
   (3) The manufacturer's recommended visual and functional
inspection procedures for each emissions-related component.
   (4) Air injection and evaporative emission purge strategies.
   (5) All vehicle manufacturer-specific data stream information,
excluding bidirectional control information and reprogramming
information unless required by state or federal statute or
regulation.
   (b) Beginning with the 1998 model year, all emissions-related
information required by this section, including diagnostic, service,
and training information supplied by vehicle manufacturers to any
franchised dealer, shall be provided in an electronic format that is
readily accessible, or that can be made readily accessible, to
private diagnostic assistance service information vendors or
intermediaries, if that information is provided or made available in
this format by manufacturers to dealers. In determining the allowable
format, the state board shall ensure compatibility with any service
information format requirements specified by the Environmental
Protection Agency.
   (c) (1) The state board shall require motor vehicle manufacturers
to provide the service information necessary to comply with this
section as a condition of certification.
   (2) Should the manufacturer fail to provide the service
information necessary to comply with subdivision (a) for any vehicle
within an engine family within one year of its retail introduction,
the state board may withhold certification for all engine families
for subsequent model years, until such time as the manufacturer
provides the necessary service information.
   (3) The department shall periodically conduct surveys to determine
whether the service information and tool requirements imposed by
federal and state law are being fulfilled by actual field
availability of the information and tools.
   (d) The manufacturer shall make accessible, through the vehicle's
standard data link, the version number or part number of the vehicle'
s current computer memory program to allow smog check technicians to
determine if the manufacturer's most up-to-date program is installed
in the vehicle's computer. This requirement shall apply to all
vehicles with reprogrammable computer memory in the vehicle's
computer beginning with the 1999 model year. Until the manufacturer
provides an electronic computer program identifier system, the
manufacturer shall use a mechanical identification system to identify
the computer's current program.
   (e) (1) Those manufacturers that do not use reprogrammable
technology for the vehicle's computer shall use either a mechanical
or electronic identification system to identify the current program
of the vehicle's computer.
   (2) The manufacturer shall also provide or cause to be provided an
engine family reprogramming cross-reference to aid smog check
technicians in determining the proper computer memory program for
that engine. The cross-reference shall either be published by the
manufacturer or made available to private diagnostic service
information vendors or intermediaries for compilation and
distribution.
   (f) (1) The information required to be provided under this section
shall be limited to only that information which is made available by
manufacturers to franchised dealers or other persons engaged in the
repair, diagnosing, or servicing of motor vehicles or motor vehicle
engines needed to make use of the emissions control diagnostic system
prescribed under Section 207 of the Federal Clean Air Act Amendments
of 1990 and such other information including instructions for making
emission-related diagnosis and repairs. If any of the
emissions-related service information required by this section is
provided to the manufacturer's franchised dealers in advance of the
specific requirements of this section, that information shall also be
made available by manufacturers, directly or indirectly, to smog
check stations and repair technicians. Manufacturers shall only be
required to provide information to vendors or intermediaries in the
same manner and format as provided to franchised dealers.
   (2) The service information shall be made compatible with computer
systems commonly used in the aftermarket repair industry. In
addition, the vendor or intermediary may offer the information by
other common distribution means when electronic means are
unavailable. No information or format will be required in the service
information beyond that which is provided by new car manufacturers
to franchise dealers.
   (g) The provisions of this section that apply with respect to 1994
and newer model-year vehicles shall become inoperative if the state
board determines that the Environmental Protection Agency has adopted
rules relative to the provision of emissions-related service
information for 1994 and newer model-year vehicles.



44036.3.  (a) The department shall direct licensed smog check
stations and technicians to private diagnostic assistance service
information vendors or intermediaries who possess the electronically
formatted information acquired under Section 44036.2, or with any
other emissions-related information needed to improve the
effectiveness of smog checks.
   (b) The provisions of this section that apply with respect to 1994
and newer model-year vehicles shall become inoperative if the state
board determines that the Environmental Protection Agency has adopted
rules relative to the provision of emissions-related service
information for 1994 and newer model-year vehicles.



44036.5.  (a) The department shall set standards for test analyzer
system (TAS) calibration gases and shall establish criteria to
certify and decertify gas blenders who blend, fill, or sell TAS
calibration gases.
   (b) On and after January 1, 1990, no person shall blend, fill, or
sell any TAS calibration gases unless certified by the department and
no person shall use in a TAS calibration gases which are not
certified.



44036.8.  The data collected by the equipment used by a smog check
station, as required by regulations of the bureau, may be used by a
licensed smog check station technician or operator when appealing a
citation issued by the bureau.


44037.  (a) The department shall compile and maintain records, using
the sampling methodology necessary to ensure their scientific
validity and reliability, of tests and repairs performed by qualified
smog check technicians at licensed smog check stations pursuant to
this chapter on all of the following information:
   (1) The motor vehicle identification information and the test data
collected at the station.
   (2) The number of maintenance and repair operations performed on
motor vehicles that fail to pass a test conducted pursuant to this
chapter.
   (3) The correlation between maintenance and repairs recommended by
the department pursuant to Section 44016 and maintenance and repairs
performed.
   (4) The charges assessed for the service and repairs and the
correlation between the amount charged for repairs and the amount of
emission reduction.
   (5) Data received and compiled through the use of the centralized
computer database and computer network to be established pursuant to
Section 44037.1, and any other information determined to be essential
by the department for program enhancement to achieve greater
efficiency, consumer protection, cost-effectiveness, convenience, or
emission reductions.
   (6) The frequency of specific smog check stations issuing a
passing certificate for vehicles that have failed a previous
inspection at other smog check stations within the preceding 30 days.
   (b) A written summary of the information specified in subdivision
(a) shall be available annually for the technicians and smog check
stations in each district and to the public upon request.




44037.1.  (a) On or before January 1, 1995, the department shall
design and establish the equipment necessary to operate a centralized
computer data base and computer network that is readily accessible
by all licensed smog check technicians on a real time basis.
   (b) The centralized computer data base and network shall be
designed with all of the following capabilities:
   (1) To provide smog check technicians with immediate access to
vehicle-specific information regarding the location of all emission
control equipment, pattern failure data, and other vehicle-specific
technical information relevant to the efficient identification,
diagnosis, and repair of emission problems.
   (2) To provide smog check technicians and the department with
information as to the date and result of prior smog check tests
performed on each vehicle to discourage vehicle owners from shopping
for certificates of compliance and to permit the department to
identify smog check stations for further investigation as potential
violators of this chapter.
   (3) To provide the department with data on the failure rates and
repair effectiveness for vehicles of each make and model year on a
statewide basis, and by smog check station and technician, to
facilitate identification of smog check stations and technicians as
potential violators of this chapter.
   (4) Upon a determination that a smog check station or technician
has engaged in a pattern of conduct violating this chapter, or that a
vehicle failed one or more emissions tests before obtaining a
certificate of compliance, to provide the information necessary to
identify and contact vehicle owners who obtained certificates from
the station or technician, or may have obtained certificates of
compliance in violation of this chapter, for purposes of requiring
the retesting of their vehicles.
   (5) To be compatible with the eventual transition to a fully
computerized smog certification program that will not require the use
of printed certificates as evidence of compliance.
   (6) To be compatible with bar code scanning of vehicles as
provided in Section 44041.
   (7) To permit ongoing entry of information from each smog check
station into the centralized data base to enlarge and improve the
data base on a continuous basis.
   (8) To be compatible with the department's recordkeeping and
compilation requirements established by Section 44037.
   (9) To meet the needs of a remote-sensing program to identify
gross polluters, as specified by the department.
   (10) To meet any other needs specified by the department to
enhance the benefits of the program through the storage of
vehicle-specific information, such as that pertaining to voluntary
repair and assistance and retirement programs and to the referee
station program.
   (c) After January 1, 1995, each smog check station shall transmit
vehicle data emission test results to the department's centralized
data base. Each smog check station shall also transmit vehicle data
and emission measurements made before and after repair. The
department shall establish, by regulation, the form, manner, and
frequency of the data transmittals.



44037.2.  (a) The department may enter into a contract for
telecommunication, programming, data analysis, data processing, and
other services necessary to operate and maintain the centralized
computer data base and computer network specified in Section 44037.1.
   (b) The department may, for each transmittal of data to the
centralized data base, charge a licensed smog check station a
transaction fee established by the department. The transaction fee
shall be sufficient to cover the actual costs of operating and
maintaining the current data base and network.
   (c) Any contract made pursuant to this section may authorize
compensation to the contractor from the transaction fees established
by the department. The contractor shall maintain the transaction
fees, which may be collected directly by the contractor from the
licensed smog check stations, in a separate custodial account that
the contractor shall account for and manage in accordance with
generally accepted accounting standards and principles.



44038.  Until implementation of the centralized computer data base
required pursuant to Section 44037.1, each smog check station shall
transmit vehicle data and emission test or repair results to the
department and transmit to the department vehicle data and emission
measurements made before and after repair. The department shall
establish, by regulation, the form, manner, and frequency of those
data transmittals.



44039.  A written summary of the required information applicable to
smog check stations in each district shall be published semiannually
by the department and made available upon request to the owner of any
motor vehicle subject to this chapter.



44040.  The department may require certificates of compliance,
certificates of noncompliance, and repair cost waivers to contain a
unique number encoded in bar code. These certificates may be sold to
licensed smog check stations by the department, printed by test
analyzer systems, or transmitted by electronic means. The department,
with the cooperation of the Department of Motor Vehicles, shall
periodically check certificates to determine their validity.



44041.  In order to expedite emissions testing and to eliminate
errors in the transcription of vehicle data, the department shall, in
cooperation with the Department of Motor Vehicles, furnish bar code
labels or bar coded documents to all vehicle owners at the time of
their vehicle's annual registration renewal. The labels or documents
shall contain vehicle identification numbers and other
vehicle-specific information, to be determined by the department,
which can be recorded by smog check station technicians utilizing the
scanning devices required by Section 44036.



44045.5.  (a) This section describes the qualifications to be met by
smog check technician applicants effective January 1, 1995. The
department shall, by regulation, establish requirements for the
licensure of smog check technicians which are necessary to enable the
program to meet the applicable emission reduction performance
standards, to include, at a minimum:
   (1) Either of the following:
   (A) Certification standards for all technicians in the program
which are equivalent or superior to the standards applicable for
certification by an established national certification or accrediting
institution to perform service on automotive engines and electrical
systems.
   (B) Successful completion of a training program certified by the
department under Section 44045.6.
   (2) In addition to the requirement in paragraph (1), a minimum of
two years' experience performing repairs to motor vehicle emission
control systems or experience approved by the department, or an
associate degree in an automotive technology curriculum or an
equivalent degree as determined by the department.
   (3) An examination process that effectively determines whether
applicants are all of the following:
   (A) Knowledgeable regarding the visual, functional, and exhaust
and evaporative emissions inspection and testing procedures specified
by the department, including a demonstrated understanding of loaded
mode testing principles, purpose, procedures and equipment.
   (B) Knowledgeable regarding misfire detection, air injection
testing, closed-loop system testing, and generic idle adjustment
procedures specified by the department.
   (C) Capable of using emissions manuals and tuneup labels to
properly identify required emission control systems and components on
any vehicle subject to the enhanced program.
   (4) Not later than July 1, 1995, the examination shall use
state-of-the-art technology, which may include computer simulations
or other computer-based examination formats to determine whether
applicants can properly identify, diagnose, and repair
emission-related problems. The department may contract for the
development and administration of this examination.
   (b) The department shall not license any technician unless the
department has determined that the person is able to perform the
inspection, testing, and repair tasks required under the program on
all vehicles subject to the program, except that the department may
limit this requirement to specified makes or models of vehicles if a
technician requests licensing limited to specified makes or models of
vehicles.
   (c) The department may establish more than one category or level
of licensure, and may provide for the licensing of interns or
trainees if those persons do all of their test and repair work under
the supervision of a licensed technician.
   (d) The department shall require the renewal of smog check
technician licenses every two years, and shall establish any
necessary and appropriate requirements for renewal.



44045.6.  (a) The department shall, by regulation, establish
requirements for the training of smog check technicians which are
necessary to enable the program to meet the applicable emission
reduction performance standards, to include, at a minimum, all of the
following:
   (1) Criteria for facilities, instructors, equipment, reference
materials, and instructional materials.
   (2) A detailed outline of lectures and laboratory work.
   (3) A final examination and recommended passing score.
   (4) In lieu of the requirements in paragraphs (1) to (3),
inclusive, the department may accept certification by an established
national training institution of training in relevant curricula,
including electrical systems, engine performance, and electronic
emissions diagnostics.
   (b) Training facilities meeting the requirements of subdivision
(a) shall be certified by the department to provide smog check
training.
   (c) The department may require remedial training at a certified
training facility or may take disciplinary action, whichever the
department determines to be the most appropriate, for any licensed
technician who the department determines cannot perform inspections,
testing, or repairs as required under the program. The failure to
complete the remedial training when required by the department shall
be a ground for revocation or suspension of a smog check technician's
license under Section 44072.2.
   (d) The department may contract to ensure the availability of
training and retraining courses required by this chapter whenever
these courses are not otherwise available. Charges for courses
offered by contractors pursuant to this subdivision shall be borne by
course attendees.


State Codes and Statutes

Statutes > California > Hsc > 44030-44045.6

HEALTH AND SAFETY CODE
SECTION 44030-44045.6



44030.  (a) The department shall develop standards for the licensing
of smog check stations. Tests, service, and adjustment at smog check
stations shall be performed by a qualified smog check mechanic.
   (b) The licensing standards for smog check stations may include,
but are not limited to, requirements for all of the following:
   (1) Use of computerized and tamper-resistant testing equipment,
including, but not limited to, test analyzer systems meeting the
current requirements of the department.
   (2) Annual license renewal.
   (3) Onsite availability of current emission control system
information and service and adjustment procedures.




44030.5.  The department shall develop standards for certification
of institutions and instructors for purposes of providing training of
smog check mechanics. The standards shall include criteria for
applications, manuals, textbooks, laboratory equipment, laboratory
exercises, hands-on work, examinations, and other matters the
department determines necessary for a certified course of
instruction.
   The standards shall also specify the conditions under which an
institution or instructor may be decertified, and under which a
decertified institution or instructor may regain certification.



44031.5.  (a) No smog check technician may perform tests or make
repairs required by this chapter, for compensation, unless qualified
by the department for the class and category of vehicle being tested
or repaired. To qualify, smog check technicians shall pass a
qualification test administered by the department, in addition to
meeting prerequisite minimum experience and training criteria
established by the department, pursuant to Section 44045.5. Passage
of the qualification test shall, and training may, also be required
upon each biennial renewal of the smog check technician's license.
   (b) The department shall prescribe training and periodic
retraining courses for licensed smog check technicians pursuant to
Section 44045.6.
   (c) Whenever the department determines, through investigation,
that a previously qualified smog check technician may lack the skills
to reliably and accurately perform the test or repair functions
within the required qualification, the department may prescribe for
the technician one or more retraining courses which have been
certified by the department. The smog check technician may request
and be granted a hearing, pursuant to Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, on the department's determination. The request for a hearing
shall be submitted within 30 days of the department's notification of
its determination. A failure to complete the prescribed retraining
course within the time designated by the department, or to request a
hearing within 30 days of the department's notification of its
determination, shall result in loss of qualification. Upon a later
completion of the prescribed department certified retraining course,
the department may reinstate the smog check technician's
qualification.
   (d) Smog check technicians shall have the option to do hands-on
work in lieu of written work in order to successfully complete the
department certified training and retraining courses or may complete
comparable military training as documented by submission of
Verification of Military Experience and Training (V-MET) records in
lieu of meeting any other training-related requirements of this
section.
   (e) The institution administering the department certified
training or retraining courses shall issue a certificate of
completion to each person who successfully completes the certified
courses. The certificate shall be valid for two years.
   (f) The department may, by regulation, establish procedures
relating to the issuance and use of photo identification cards for
licensed technicians.


44032.  No person shall perform, for compensation, tests or repairs
of emission control devices or systems of motor vehicles required by
this chapter unless the person performing the test or repair is a
qualified smog check technician and the test or repair is performed
at a licensed smog check station. Qualified technicians shall perform
tests of emission control devices and systems in accordance with
Section 44012.



44033.  (a) (1) Any facility meeting the requirements established by
the department pursuant to this chapter may be licensed as a
test-only, test and repair, or repair-only smog check station. A
licensed smog check station shall display an identifying sign
prescribed by the department in a manner conspicuous to the public.
   (2) A licensed smog check station certified pursuant to Section
44014.2 shall display an identifying sign prescribed by the
department.
   (b) No licensed or certified smog check station shall require, as
a condition of performing the test, that any needed repairs or
adjustment be done by the person, or at the facility of the person,
performing the test.
   (c) If a motor vehicle, including a commercial vehicle, is tested
at a facility licensed to perform tests and repairs pursuant to this
chapter, the facility shall provide the customer with a written
estimate pursuant to Section 9884.9 of the Business and Professions
Code. The written estimate shall contain a notice to the customer
stating that the customer may choose another smog check station to
perform needed repairs, installations, adjustments, or subsequent
tests.
   (d) Charges for testing or repair, or both, shall be separately
stated.
   (e) The department shall require the posting of station licenses
and qualified technicians' certificates prominently in each place of
business so as to be readily visible to the public.



44034.  Annual license fees for smog check stations and biennial
license fees for smog check technicians shall be imposed by the
department, but shall not exceed the reasonable cost of administering
the qualifications and licensing program.




44034.1.  The department may impose an examination fee, sufficient
to recover the reasonable cost of administering, developing, and
updating the examination, for initial and biennial renewal smog check
technician applicants. Payment of the fee entitles the applicant to
be scheduled for an examination. The department may contract for
collection of the fee.



44035.  (a) A smog check station's license or a qualified smog check
technician's qualification may be suspended or revoked by the
department, after a hearing, for failure to meet or maintain the
standards prescribed for qualification, equipment, performance, or
conduct. The department shall adopt rules and regulations governing
the suspension, revocation, and reinstatement of licenses and
qualifications and the conduct of the hearings.
   (b) The department or its representatives, including quality
assurance inspectors, shall be provided access to licensed stations
for the purpose of examining property, station equipment, repair
orders, emissions equipment maintenance records, and any emission
inspection items, as defined by the department.



44036.  (a) The consumer protection-oriented quality assurance
portion of the motor vehicle inspection program shall ensure uniform
and consistent tests and repairs by all qualified smog check
technicians and licensed smog check stations throughout the state,
and shall include a number of stations providing referee functions
available to consumers.
   (b) (1) All licensed smog check stations shall utilize original
equipment and replacement parts that are certified by the department.
The department may enter into a contract for the supply or service
of certified equipment with the manufacturers and service providers
of this equipment. The department shall afford to the smog check
station the option to purchase the equipment or service directly from
the contractor or any other provider of certified equipment or
service, as determined by the department. A contract executed
pursuant to this paragraph may authorize compensation to the
contractor as provided in subdivision (c) of Section 44037.2.
   (2) The department shall charge a fee for certification testing of
the equipment or the replacement parts. The fee for certification
testing of equipment shall be fixed by the department based upon its
actual costs of certification testing, shall be calculated from the
time that the equipment is submitted for certification testing until
the time that the certification testing is complete, and shall not
exceed ten thousand dollars ($10,000). The fee for certification
testing of replacement parts shall be determined by the department
based upon its actual costs of certification testing, shall be
calculated from the time that the replacement part is submitted for
certification testing until the time that the certification testing
is complete, and shall not exceed two thousand five hundred dollars
($2,500).
   (3) The department shall adopt, and may revise, standards for
certification and decertification of the equipment, that may include
a device for testing of emissions of oxides of nitrogen. The
department shall adopt, and update as necessary, equipment standards
that may include a test analyzer system containing any or all of the
following components:
   (A) A microprocessor to control test sequencing, selection of
proper test standards, the automatic pass or fail decision, and the
format for the test report and the recorded data file. The
microprocessor shall be capable of using a standardized programming
language specified by the department.
   (B) An exhaust gas analysis portion with an analyzer for
hydrocarbons, carbon monoxide, and carbon dioxide that is designed to
accommodate an optional oxides of nitrogen analyzer. An oxides of
nitrogen analyzer shall be required in the enhanced program areas.
   (C) Equipment necessary to perform visual and functional tests of
emission control devices required by the department.
   (D) A device to accept and record motor vehicle identification
information, including a device capable of reading barcode
information pursuant to regulations of the state board. The device
shall have the ability to identify, with the cooperation of the
Department of Motor Vehicles, smog inspections performed on vehicles
sold by used car dealers.
   (E) A device to provide a printed record of the test process and
diagnostic information for the motorist.
   (F) A mass storage device capable of storing not less than the
minimum amount of program software and data specified by the
department.
   (G) A device to provide for the periodic modification of all
program and data files contained on the mass storage device, using a
standardized form of removable media conforming to specifications of
the department.
   (H) A device that provides for the storage of test records on a
standardized form of removable media conforming to specifications of
the department.
   (I) One or more communications ports conforming to the
specifications established by the department as necessary to provide
real time communication, or communication that is consistent with
maintaining a superior quality assurance program and efficient
information transfer, between the test equipment and the centralized
computer database through the computer network maintained by the
department pursuant to Section 44037.1.
   (J) An interface capable of monitoring equipment used with loaded
mode testing, idle testing, onboard diagnostic testing, or other
tests prescribed by the department.
   (K) A real-time computer data program that would prevent a
certificate of compliance from being issued if a vehicle is
identified as having an excessive variance from computer data for
that vehicle, mismatched information, or other irregularities.
   (L) Any other features that the department determines are
necessary to increase the effectiveness of the program, including,
but not limited to, a loaded mode dynamometer for purposes of oxides
of nitrogen detection, and other equipment necessary to detect
nonexhaust-related volatile organic compound emissions, such as those
found in fuel system evaporative emissions and crankcase ventilation
emissions.
   (c) (1) The department shall not require smog check stations to
use equipment that meets revised standards for certification and
decertification of equipment pursuant to subdivision (b) earlier than
January 1, 2013.
   (2) If existing smog check stations licensed pursuant to this
chapter or training institutions certified pursuant to Section
44030.5 are required to make investments of more than ten thousand
dollars ($10,000) to acquire equipment to meet the requirements of
this subdivision, the department shall submit recommendations to the
Governor and the Legislature for any appropriate mitigation measures,
including, but not limited to, subsidies, equipment leases, grants,
or loans.
   (3) The department may defer the requirement for any equipment,
external to the chassis of the test analyzer system, needed to read
barcode information, until a substantial portion of the vehicles
subject to this chapter are equipped with barcode labels.
   (4) Prior to the imposition of a requirement for equipment meeting
the requirements of subdivision (b), every smog check station shall
use equipment meeting the specifications of the department in effect
on January 1, 1996.
   (d) The quality assurance portion shall provide for inspections of
licensed smog check stations, data collection and forwarding,
equipment accuracy checks, operation of referee stations, and other
necessary functions. If the services are contracted for pursuant to
subdivision (e) of Section 44014, the department shall prepare
detailed specifications and solicit bids from private entities for
the implementation of the quality assurance functions.
   (e) The department may revise the specifications for equipment
annually if the cost thereof is less than 20 percent of the total
system cost. A more comprehensive revision to the specifications may
be required not more often than every five years.
   (f) (1) Equipment manufacturers shall furnish to the department,
and shall install, software and hardware updates as specified by the
department. The department shall allow equipment manufacturers six
months, from the date the department issues its proposed
specifications for periodic software and hardware updates, to obtain
department approval that the updates meet the proposed specifications
and to install the updates in all equipment subject to the updates.
During the first 30 days of the six-month period, the manufacturers
shall be permitted to review and to comment upon the proposed
specifications. However, notwithstanding any other provision of this
section, the department may order manufacturers to install software
and hardware changes in a shorter period of time upon a finding by
the department that a previously installed update does not meet
current specifications.
   (2) The department may establish hardware specifications,
performance standards, and operational requirements for the
certification and continuing certification of the equipment specified
in subdivision (b).
   (3) A manufacturer's failure to furnish or install required
software updates or to meet the specifications, standards, or
requirements established pursuant to paragraph (2), is cause for the
department to decertify the manufacturer's test analyzer system or to
issue a citation to the manufacturer. The citation shall specify the
nature of the violation and may specify a civil penalty not to
exceed one thousand dollars ($1,000) for each day the manufacturer
fails to furnish or install the specified software updates by the
specified period. In assessing a civil penalty pursuant to this
paragraph, the department shall give due consideration, in
determining the appropriateness of the amount of the civil penalty,
to factors such as the gravity of the violation, the good faith of
the manufacturer, and the history of previous violations.
   (4) The citations shall be served pursuant to subdivision (c) of
Section 11505 of the Government Code. The manufacturer may request a
hearing in accordance with Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code. A request
for a hearing shall be submitted in writing within 30 days of service
of the citation, and shall be delivered to the office of the
department in Sacramento. Hearings and related procedures under this
paragraph shall be conducted in the same manner as proceedings for
adjudication of an accusation under that Chapter 5, except as
otherwise specified in this article.
   (5) If within 30 days from the date of service of the citation,
the manufacturer fails to request a hearing, the citation shall be
deemed the final order of the department.
   (6) Any failure to comply with the final order of the department
for payment of a civil penalty, or to pay the amount specified in any
settlement executed by the licensee and the Director of Consumer
Affairs, is cause for decertification of the manufacturer's test
analyzer system.



44036.1.  The department may require that equipment manufacturers,
submitting equipment for certification pursuant to Section 44036,
submit proof of financial security, including, but not limited to,
insurance sufficient to cover product liability claims, and secured
funds for prepaid warranty or service contracts.



44036.2.  (a) To ensure uniform and consistent inspection, tests,
and repairs by all qualified smog check technicians and licensed smog
check stations, and to ensure consumer protection, manufacturers of
motor vehicles shall provide, or cause to be provided, all emission
control system service information that is necessary to properly
inspect, test and repair those vehicles. Unless otherwise provided,
that information shall be required for all 1980 and newer model-year
vehicles and shall consist of all of the following:
   (1) General specifications showing the make, model, and
classification of the vehicle.
   (2) The identification, location, and description of all emission
control equipment on the vehicle.
   (3) The manufacturer's recommended visual and functional
inspection procedures for each emissions-related component.
   (4) Air injection and evaporative emission purge strategies.
   (5) All vehicle manufacturer-specific data stream information,
excluding bidirectional control information and reprogramming
information unless required by state or federal statute or
regulation.
   (b) Beginning with the 1998 model year, all emissions-related
information required by this section, including diagnostic, service,
and training information supplied by vehicle manufacturers to any
franchised dealer, shall be provided in an electronic format that is
readily accessible, or that can be made readily accessible, to
private diagnostic assistance service information vendors or
intermediaries, if that information is provided or made available in
this format by manufacturers to dealers. In determining the allowable
format, the state board shall ensure compatibility with any service
information format requirements specified by the Environmental
Protection Agency.
   (c) (1) The state board shall require motor vehicle manufacturers
to provide the service information necessary to comply with this
section as a condition of certification.
   (2) Should the manufacturer fail to provide the service
information necessary to comply with subdivision (a) for any vehicle
within an engine family within one year of its retail introduction,
the state board may withhold certification for all engine families
for subsequent model years, until such time as the manufacturer
provides the necessary service information.
   (3) The department shall periodically conduct surveys to determine
whether the service information and tool requirements imposed by
federal and state law are being fulfilled by actual field
availability of the information and tools.
   (d) The manufacturer shall make accessible, through the vehicle's
standard data link, the version number or part number of the vehicle'
s current computer memory program to allow smog check technicians to
determine if the manufacturer's most up-to-date program is installed
in the vehicle's computer. This requirement shall apply to all
vehicles with reprogrammable computer memory in the vehicle's
computer beginning with the 1999 model year. Until the manufacturer
provides an electronic computer program identifier system, the
manufacturer shall use a mechanical identification system to identify
the computer's current program.
   (e) (1) Those manufacturers that do not use reprogrammable
technology for the vehicle's computer shall use either a mechanical
or electronic identification system to identify the current program
of the vehicle's computer.
   (2) The manufacturer shall also provide or cause to be provided an
engine family reprogramming cross-reference to aid smog check
technicians in determining the proper computer memory program for
that engine. The cross-reference shall either be published by the
manufacturer or made available to private diagnostic service
information vendors or intermediaries for compilation and
distribution.
   (f) (1) The information required to be provided under this section
shall be limited to only that information which is made available by
manufacturers to franchised dealers or other persons engaged in the
repair, diagnosing, or servicing of motor vehicles or motor vehicle
engines needed to make use of the emissions control diagnostic system
prescribed under Section 207 of the Federal Clean Air Act Amendments
of 1990 and such other information including instructions for making
emission-related diagnosis and repairs. If any of the
emissions-related service information required by this section is
provided to the manufacturer's franchised dealers in advance of the
specific requirements of this section, that information shall also be
made available by manufacturers, directly or indirectly, to smog
check stations and repair technicians. Manufacturers shall only be
required to provide information to vendors or intermediaries in the
same manner and format as provided to franchised dealers.
   (2) The service information shall be made compatible with computer
systems commonly used in the aftermarket repair industry. In
addition, the vendor or intermediary may offer the information by
other common distribution means when electronic means are
unavailable. No information or format will be required in the service
information beyond that which is provided by new car manufacturers
to franchise dealers.
   (g) The provisions of this section that apply with respect to 1994
and newer model-year vehicles shall become inoperative if the state
board determines that the Environmental Protection Agency has adopted
rules relative to the provision of emissions-related service
information for 1994 and newer model-year vehicles.



44036.3.  (a) The department shall direct licensed smog check
stations and technicians to private diagnostic assistance service
information vendors or intermediaries who possess the electronically
formatted information acquired under Section 44036.2, or with any
other emissions-related information needed to improve the
effectiveness of smog checks.
   (b) The provisions of this section that apply with respect to 1994
and newer model-year vehicles shall become inoperative if the state
board determines that the Environmental Protection Agency has adopted
rules relative to the provision of emissions-related service
information for 1994 and newer model-year vehicles.



44036.5.  (a) The department shall set standards for test analyzer
system (TAS) calibration gases and shall establish criteria to
certify and decertify gas blenders who blend, fill, or sell TAS
calibration gases.
   (b) On and after January 1, 1990, no person shall blend, fill, or
sell any TAS calibration gases unless certified by the department and
no person shall use in a TAS calibration gases which are not
certified.



44036.8.  The data collected by the equipment used by a smog check
station, as required by regulations of the bureau, may be used by a
licensed smog check station technician or operator when appealing a
citation issued by the bureau.


44037.  (a) The department shall compile and maintain records, using
the sampling methodology necessary to ensure their scientific
validity and reliability, of tests and repairs performed by qualified
smog check technicians at licensed smog check stations pursuant to
this chapter on all of the following information:
   (1) The motor vehicle identification information and the test data
collected at the station.
   (2) The number of maintenance and repair operations performed on
motor vehicles that fail to pass a test conducted pursuant to this
chapter.
   (3) The correlation between maintenance and repairs recommended by
the department pursuant to Section 44016 and maintenance and repairs
performed.
   (4) The charges assessed for the service and repairs and the
correlation between the amount charged for repairs and the amount of
emission reduction.
   (5) Data received and compiled through the use of the centralized
computer database and computer network to be established pursuant to
Section 44037.1, and any other information determined to be essential
by the department for program enhancement to achieve greater
efficiency, consumer protection, cost-effectiveness, convenience, or
emission reductions.
   (6) The frequency of specific smog check stations issuing a
passing certificate for vehicles that have failed a previous
inspection at other smog check stations within the preceding 30 days.
   (b) A written summary of the information specified in subdivision
(a) shall be available annually for the technicians and smog check
stations in each district and to the public upon request.




44037.1.  (a) On or before January 1, 1995, the department shall
design and establish the equipment necessary to operate a centralized
computer data base and computer network that is readily accessible
by all licensed smog check technicians on a real time basis.
   (b) The centralized computer data base and network shall be
designed with all of the following capabilities:
   (1) To provide smog check technicians with immediate access to
vehicle-specific information regarding the location of all emission
control equipment, pattern failure data, and other vehicle-specific
technical information relevant to the efficient identification,
diagnosis, and repair of emission problems.
   (2) To provide smog check technicians and the department with
information as to the date and result of prior smog check tests
performed on each vehicle to discourage vehicle owners from shopping
for certificates of compliance and to permit the department to
identify smog check stations for further investigation as potential
violators of this chapter.
   (3) To provide the department with data on the failure rates and
repair effectiveness for vehicles of each make and model year on a
statewide basis, and by smog check station and technician, to
facilitate identification of smog check stations and technicians as
potential violators of this chapter.
   (4) Upon a determination that a smog check station or technician
has engaged in a pattern of conduct violating this chapter, or that a
vehicle failed one or more emissions tests before obtaining a
certificate of compliance, to provide the information necessary to
identify and contact vehicle owners who obtained certificates from
the station or technician, or may have obtained certificates of
compliance in violation of this chapter, for purposes of requiring
the retesting of their vehicles.
   (5) To be compatible with the eventual transition to a fully
computerized smog certification program that will not require the use
of printed certificates as evidence of compliance.
   (6) To be compatible with bar code scanning of vehicles as
provided in Section 44041.
   (7) To permit ongoing entry of information from each smog check
station into the centralized data base to enlarge and improve the
data base on a continuous basis.
   (8) To be compatible with the department's recordkeeping and
compilation requirements established by Section 44037.
   (9) To meet the needs of a remote-sensing program to identify
gross polluters, as specified by the department.
   (10) To meet any other needs specified by the department to
enhance the benefits of the program through the storage of
vehicle-specific information, such as that pertaining to voluntary
repair and assistance and retirement programs and to the referee
station program.
   (c) After January 1, 1995, each smog check station shall transmit
vehicle data emission test results to the department's centralized
data base. Each smog check station shall also transmit vehicle data
and emission measurements made before and after repair. The
department shall establish, by regulation, the form, manner, and
frequency of the data transmittals.



44037.2.  (a) The department may enter into a contract for
telecommunication, programming, data analysis, data processing, and
other services necessary to operate and maintain the centralized
computer data base and computer network specified in Section 44037.1.
   (b) The department may, for each transmittal of data to the
centralized data base, charge a licensed smog check station a
transaction fee established by the department. The transaction fee
shall be sufficient to cover the actual costs of operating and
maintaining the current data base and network.
   (c) Any contract made pursuant to this section may authorize
compensation to the contractor from the transaction fees established
by the department. The contractor shall maintain the transaction
fees, which may be collected directly by the contractor from the
licensed smog check stations, in a separate custodial account that
the contractor shall account for and manage in accordance with
generally accepted accounting standards and principles.



44038.  Until implementation of the centralized computer data base
required pursuant to Section 44037.1, each smog check station shall
transmit vehicle data and emission test or repair results to the
department and transmit to the department vehicle data and emission
measurements made before and after repair. The department shall
establish, by regulation, the form, manner, and frequency of those
data transmittals.



44039.  A written summary of the required information applicable to
smog check stations in each district shall be published semiannually
by the department and made available upon request to the owner of any
motor vehicle subject to this chapter.



44040.  The department may require certificates of compliance,
certificates of noncompliance, and repair cost waivers to contain a
unique number encoded in bar code. These certificates may be sold to
licensed smog check stations by the department, printed by test
analyzer systems, or transmitted by electronic means. The department,
with the cooperation of the Department of Motor Vehicles, shall
periodically check certificates to determine their validity.



44041.  In order to expedite emissions testing and to eliminate
errors in the transcription of vehicle data, the department shall, in
cooperation with the Department of Motor Vehicles, furnish bar code
labels or bar coded documents to all vehicle owners at the time of
their vehicle's annual registration renewal. The labels or documents
shall contain vehicle identification numbers and other
vehicle-specific information, to be determined by the department,
which can be recorded by smog check station technicians utilizing the
scanning devices required by Section 44036.



44045.5.  (a) This section describes the qualifications to be met by
smog check technician applicants effective January 1, 1995. The
department shall, by regulation, establish requirements for the
licensure of smog check technicians which are necessary to enable the
program to meet the applicable emission reduction performance
standards, to include, at a minimum:
   (1) Either of the following:
   (A) Certification standards for all technicians in the program
which are equivalent or superior to the standards applicable for
certification by an established national certification or accrediting
institution to perform service on automotive engines and electrical
systems.
   (B) Successful completion of a training program certified by the
department under Section 44045.6.
   (2) In addition to the requirement in paragraph (1), a minimum of
two years' experience performing repairs to motor vehicle emission
control systems or experience approved by the department, or an
associate degree in an automotive technology curriculum or an
equivalent degree as determined by the department.
   (3) An examination process that effectively determines whether
applicants are all of the following:
   (A) Knowledgeable regarding the visual, functional, and exhaust
and evaporative emissions inspection and testing procedures specified
by the department, including a demonstrated understanding of loaded
mode testing principles, purpose, procedures and equipment.
   (B) Knowledgeable regarding misfire detection, air injection
testing, closed-loop system testing, and generic idle adjustment
procedures specified by the department.
   (C) Capable of using emissions manuals and tuneup labels to
properly identify required emission control systems and components on
any vehicle subject to the enhanced program.
   (4) Not later than July 1, 1995, the examination shall use
state-of-the-art technology, which may include computer simulations
or other computer-based examination formats to determine whether
applicants can properly identify, diagnose, and repair
emission-related problems. The department may contract for the
development and administration of this examination.
   (b) The department shall not license any technician unless the
department has determined that the person is able to perform the
inspection, testing, and repair tasks required under the program on
all vehicles subject to the program, except that the department may
limit this requirement to specified makes or models of vehicles if a
technician requests licensing limited to specified makes or models of
vehicles.
   (c) The department may establish more than one category or level
of licensure, and may provide for the licensing of interns or
trainees if those persons do all of their test and repair work under
the supervision of a licensed technician.
   (d) The department shall require the renewal of smog check
technician licenses every two years, and shall establish any
necessary and appropriate requirements for renewal.



44045.6.  (a) The department shall, by regulation, establish
requirements for the training of smog check technicians which are
necessary to enable the program to meet the applicable emission
reduction performance standards, to include, at a minimum, all of the
following:
   (1) Criteria for facilities, instructors, equipment, reference
materials, and instructional materials.
   (2) A detailed outline of lectures and laboratory work.
   (3) A final examination and recommended passing score.
   (4) In lieu of the requirements in paragraphs (1) to (3),
inclusive, the department may accept certification by an established
national training institution of training in relevant curricula,
including electrical systems, engine performance, and electronic
emissions diagnostics.
   (b) Training facilities meeting the requirements of subdivision
(a) shall be certified by the department to provide smog check
training.
   (c) The department may require remedial training at a certified
training facility or may take disciplinary action, whichever the
department determines to be the most appropriate, for any licensed
technician who the department determines cannot perform inspections,
testing, or repairs as required under the program. The failure to
complete the remedial training when required by the department shall
be a ground for revocation or suspension of a smog check technician's
license under Section 44072.2.
   (d) The department may contract to ensure the availability of
training and retraining courses required by this chapter whenever
these courses are not otherwise available. Charges for courses
offered by contractors pursuant to this subdivision shall be borne by
course attendees.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 44030-44045.6

HEALTH AND SAFETY CODE
SECTION 44030-44045.6



44030.  (a) The department shall develop standards for the licensing
of smog check stations. Tests, service, and adjustment at smog check
stations shall be performed by a qualified smog check mechanic.
   (b) The licensing standards for smog check stations may include,
but are not limited to, requirements for all of the following:
   (1) Use of computerized and tamper-resistant testing equipment,
including, but not limited to, test analyzer systems meeting the
current requirements of the department.
   (2) Annual license renewal.
   (3) Onsite availability of current emission control system
information and service and adjustment procedures.




44030.5.  The department shall develop standards for certification
of institutions and instructors for purposes of providing training of
smog check mechanics. The standards shall include criteria for
applications, manuals, textbooks, laboratory equipment, laboratory
exercises, hands-on work, examinations, and other matters the
department determines necessary for a certified course of
instruction.
   The standards shall also specify the conditions under which an
institution or instructor may be decertified, and under which a
decertified institution or instructor may regain certification.



44031.5.  (a) No smog check technician may perform tests or make
repairs required by this chapter, for compensation, unless qualified
by the department for the class and category of vehicle being tested
or repaired. To qualify, smog check technicians shall pass a
qualification test administered by the department, in addition to
meeting prerequisite minimum experience and training criteria
established by the department, pursuant to Section 44045.5. Passage
of the qualification test shall, and training may, also be required
upon each biennial renewal of the smog check technician's license.
   (b) The department shall prescribe training and periodic
retraining courses for licensed smog check technicians pursuant to
Section 44045.6.
   (c) Whenever the department determines, through investigation,
that a previously qualified smog check technician may lack the skills
to reliably and accurately perform the test or repair functions
within the required qualification, the department may prescribe for
the technician one or more retraining courses which have been
certified by the department. The smog check technician may request
and be granted a hearing, pursuant to Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, on the department's determination. The request for a hearing
shall be submitted within 30 days of the department's notification of
its determination. A failure to complete the prescribed retraining
course within the time designated by the department, or to request a
hearing within 30 days of the department's notification of its
determination, shall result in loss of qualification. Upon a later
completion of the prescribed department certified retraining course,
the department may reinstate the smog check technician's
qualification.
   (d) Smog check technicians shall have the option to do hands-on
work in lieu of written work in order to successfully complete the
department certified training and retraining courses or may complete
comparable military training as documented by submission of
Verification of Military Experience and Training (V-MET) records in
lieu of meeting any other training-related requirements of this
section.
   (e) The institution administering the department certified
training or retraining courses shall issue a certificate of
completion to each person who successfully completes the certified
courses. The certificate shall be valid for two years.
   (f) The department may, by regulation, establish procedures
relating to the issuance and use of photo identification cards for
licensed technicians.


44032.  No person shall perform, for compensation, tests or repairs
of emission control devices or systems of motor vehicles required by
this chapter unless the person performing the test or repair is a
qualified smog check technician and the test or repair is performed
at a licensed smog check station. Qualified technicians shall perform
tests of emission control devices and systems in accordance with
Section 44012.



44033.  (a) (1) Any facility meeting the requirements established by
the department pursuant to this chapter may be licensed as a
test-only, test and repair, or repair-only smog check station. A
licensed smog check station shall display an identifying sign
prescribed by the department in a manner conspicuous to the public.
   (2) A licensed smog check station certified pursuant to Section
44014.2 shall display an identifying sign prescribed by the
department.
   (b) No licensed or certified smog check station shall require, as
a condition of performing the test, that any needed repairs or
adjustment be done by the person, or at the facility of the person,
performing the test.
   (c) If a motor vehicle, including a commercial vehicle, is tested
at a facility licensed to perform tests and repairs pursuant to this
chapter, the facility shall provide the customer with a written
estimate pursuant to Section 9884.9 of the Business and Professions
Code. The written estimate shall contain a notice to the customer
stating that the customer may choose another smog check station to
perform needed repairs, installations, adjustments, or subsequent
tests.
   (d) Charges for testing or repair, or both, shall be separately
stated.
   (e) The department shall require the posting of station licenses
and qualified technicians' certificates prominently in each place of
business so as to be readily visible to the public.



44034.  Annual license fees for smog check stations and biennial
license fees for smog check technicians shall be imposed by the
department, but shall not exceed the reasonable cost of administering
the qualifications and licensing program.




44034.1.  The department may impose an examination fee, sufficient
to recover the reasonable cost of administering, developing, and
updating the examination, for initial and biennial renewal smog check
technician applicants. Payment of the fee entitles the applicant to
be scheduled for an examination. The department may contract for
collection of the fee.



44035.  (a) A smog check station's license or a qualified smog check
technician's qualification may be suspended or revoked by the
department, after a hearing, for failure to meet or maintain the
standards prescribed for qualification, equipment, performance, or
conduct. The department shall adopt rules and regulations governing
the suspension, revocation, and reinstatement of licenses and
qualifications and the conduct of the hearings.
   (b) The department or its representatives, including quality
assurance inspectors, shall be provided access to licensed stations
for the purpose of examining property, station equipment, repair
orders, emissions equipment maintenance records, and any emission
inspection items, as defined by the department.



44036.  (a) The consumer protection-oriented quality assurance
portion of the motor vehicle inspection program shall ensure uniform
and consistent tests and repairs by all qualified smog check
technicians and licensed smog check stations throughout the state,
and shall include a number of stations providing referee functions
available to consumers.
   (b) (1) All licensed smog check stations shall utilize original
equipment and replacement parts that are certified by the department.
The department may enter into a contract for the supply or service
of certified equipment with the manufacturers and service providers
of this equipment. The department shall afford to the smog check
station the option to purchase the equipment or service directly from
the contractor or any other provider of certified equipment or
service, as determined by the department. A contract executed
pursuant to this paragraph may authorize compensation to the
contractor as provided in subdivision (c) of Section 44037.2.
   (2) The department shall charge a fee for certification testing of
the equipment or the replacement parts. The fee for certification
testing of equipment shall be fixed by the department based upon its
actual costs of certification testing, shall be calculated from the
time that the equipment is submitted for certification testing until
the time that the certification testing is complete, and shall not
exceed ten thousand dollars ($10,000). The fee for certification
testing of replacement parts shall be determined by the department
based upon its actual costs of certification testing, shall be
calculated from the time that the replacement part is submitted for
certification testing until the time that the certification testing
is complete, and shall not exceed two thousand five hundred dollars
($2,500).
   (3) The department shall adopt, and may revise, standards for
certification and decertification of the equipment, that may include
a device for testing of emissions of oxides of nitrogen. The
department shall adopt, and update as necessary, equipment standards
that may include a test analyzer system containing any or all of the
following components:
   (A) A microprocessor to control test sequencing, selection of
proper test standards, the automatic pass or fail decision, and the
format for the test report and the recorded data file. The
microprocessor shall be capable of using a standardized programming
language specified by the department.
   (B) An exhaust gas analysis portion with an analyzer for
hydrocarbons, carbon monoxide, and carbon dioxide that is designed to
accommodate an optional oxides of nitrogen analyzer. An oxides of
nitrogen analyzer shall be required in the enhanced program areas.
   (C) Equipment necessary to perform visual and functional tests of
emission control devices required by the department.
   (D) A device to accept and record motor vehicle identification
information, including a device capable of reading barcode
information pursuant to regulations of the state board. The device
shall have the ability to identify, with the cooperation of the
Department of Motor Vehicles, smog inspections performed on vehicles
sold by used car dealers.
   (E) A device to provide a printed record of the test process and
diagnostic information for the motorist.
   (F) A mass storage device capable of storing not less than the
minimum amount of program software and data specified by the
department.
   (G) A device to provide for the periodic modification of all
program and data files contained on the mass storage device, using a
standardized form of removable media conforming to specifications of
the department.
   (H) A device that provides for the storage of test records on a
standardized form of removable media conforming to specifications of
the department.
   (I) One or more communications ports conforming to the
specifications established by the department as necessary to provide
real time communication, or communication that is consistent with
maintaining a superior quality assurance program and efficient
information transfer, between the test equipment and the centralized
computer database through the computer network maintained by the
department pursuant to Section 44037.1.
   (J) An interface capable of monitoring equipment used with loaded
mode testing, idle testing, onboard diagnostic testing, or other
tests prescribed by the department.
   (K) A real-time computer data program that would prevent a
certificate of compliance from being issued if a vehicle is
identified as having an excessive variance from computer data for
that vehicle, mismatched information, or other irregularities.
   (L) Any other features that the department determines are
necessary to increase the effectiveness of the program, including,
but not limited to, a loaded mode dynamometer for purposes of oxides
of nitrogen detection, and other equipment necessary to detect
nonexhaust-related volatile organic compound emissions, such as those
found in fuel system evaporative emissions and crankcase ventilation
emissions.
   (c) (1) The department shall not require smog check stations to
use equipment that meets revised standards for certification and
decertification of equipment pursuant to subdivision (b) earlier than
January 1, 2013.
   (2) If existing smog check stations licensed pursuant to this
chapter or training institutions certified pursuant to Section
44030.5 are required to make investments of more than ten thousand
dollars ($10,000) to acquire equipment to meet the requirements of
this subdivision, the department shall submit recommendations to the
Governor and the Legislature for any appropriate mitigation measures,
including, but not limited to, subsidies, equipment leases, grants,
or loans.
   (3) The department may defer the requirement for any equipment,
external to the chassis of the test analyzer system, needed to read
barcode information, until a substantial portion of the vehicles
subject to this chapter are equipped with barcode labels.
   (4) Prior to the imposition of a requirement for equipment meeting
the requirements of subdivision (b), every smog check station shall
use equipment meeting the specifications of the department in effect
on January 1, 1996.
   (d) The quality assurance portion shall provide for inspections of
licensed smog check stations, data collection and forwarding,
equipment accuracy checks, operation of referee stations, and other
necessary functions. If the services are contracted for pursuant to
subdivision (e) of Section 44014, the department shall prepare
detailed specifications and solicit bids from private entities for
the implementation of the quality assurance functions.
   (e) The department may revise the specifications for equipment
annually if the cost thereof is less than 20 percent of the total
system cost. A more comprehensive revision to the specifications may
be required not more often than every five years.
   (f) (1) Equipment manufacturers shall furnish to the department,
and shall install, software and hardware updates as specified by the
department. The department shall allow equipment manufacturers six
months, from the date the department issues its proposed
specifications for periodic software and hardware updates, to obtain
department approval that the updates meet the proposed specifications
and to install the updates in all equipment subject to the updates.
During the first 30 days of the six-month period, the manufacturers
shall be permitted to review and to comment upon the proposed
specifications. However, notwithstanding any other provision of this
section, the department may order manufacturers to install software
and hardware changes in a shorter period of time upon a finding by
the department that a previously installed update does not meet
current specifications.
   (2) The department may establish hardware specifications,
performance standards, and operational requirements for the
certification and continuing certification of the equipment specified
in subdivision (b).
   (3) A manufacturer's failure to furnish or install required
software updates or to meet the specifications, standards, or
requirements established pursuant to paragraph (2), is cause for the
department to decertify the manufacturer's test analyzer system or to
issue a citation to the manufacturer. The citation shall specify the
nature of the violation and may specify a civil penalty not to
exceed one thousand dollars ($1,000) for each day the manufacturer
fails to furnish or install the specified software updates by the
specified period. In assessing a civil penalty pursuant to this
paragraph, the department shall give due consideration, in
determining the appropriateness of the amount of the civil penalty,
to factors such as the gravity of the violation, the good faith of
the manufacturer, and the history of previous violations.
   (4) The citations shall be served pursuant to subdivision (c) of
Section 11505 of the Government Code. The manufacturer may request a
hearing in accordance with Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code. A request
for a hearing shall be submitted in writing within 30 days of service
of the citation, and shall be delivered to the office of the
department in Sacramento. Hearings and related procedures under this
paragraph shall be conducted in the same manner as proceedings for
adjudication of an accusation under that Chapter 5, except as
otherwise specified in this article.
   (5) If within 30 days from the date of service of the citation,
the manufacturer fails to request a hearing, the citation shall be
deemed the final order of the department.
   (6) Any failure to comply with the final order of the department
for payment of a civil penalty, or to pay the amount specified in any
settlement executed by the licensee and the Director of Consumer
Affairs, is cause for decertification of the manufacturer's test
analyzer system.



44036.1.  The department may require that equipment manufacturers,
submitting equipment for certification pursuant to Section 44036,
submit proof of financial security, including, but not limited to,
insurance sufficient to cover product liability claims, and secured
funds for prepaid warranty or service contracts.



44036.2.  (a) To ensure uniform and consistent inspection, tests,
and repairs by all qualified smog check technicians and licensed smog
check stations, and to ensure consumer protection, manufacturers of
motor vehicles shall provide, or cause to be provided, all emission
control system service information that is necessary to properly
inspect, test and repair those vehicles. Unless otherwise provided,
that information shall be required for all 1980 and newer model-year
vehicles and shall consist of all of the following:
   (1) General specifications showing the make, model, and
classification of the vehicle.
   (2) The identification, location, and description of all emission
control equipment on the vehicle.
   (3) The manufacturer's recommended visual and functional
inspection procedures for each emissions-related component.
   (4) Air injection and evaporative emission purge strategies.
   (5) All vehicle manufacturer-specific data stream information,
excluding bidirectional control information and reprogramming
information unless required by state or federal statute or
regulation.
   (b) Beginning with the 1998 model year, all emissions-related
information required by this section, including diagnostic, service,
and training information supplied by vehicle manufacturers to any
franchised dealer, shall be provided in an electronic format that is
readily accessible, or that can be made readily accessible, to
private diagnostic assistance service information vendors or
intermediaries, if that information is provided or made available in
this format by manufacturers to dealers. In determining the allowable
format, the state board shall ensure compatibility with any service
information format requirements specified by the Environmental
Protection Agency.
   (c) (1) The state board shall require motor vehicle manufacturers
to provide the service information necessary to comply with this
section as a condition of certification.
   (2) Should the manufacturer fail to provide the service
information necessary to comply with subdivision (a) for any vehicle
within an engine family within one year of its retail introduction,
the state board may withhold certification for all engine families
for subsequent model years, until such time as the manufacturer
provides the necessary service information.
   (3) The department shall periodically conduct surveys to determine
whether the service information and tool requirements imposed by
federal and state law are being fulfilled by actual field
availability of the information and tools.
   (d) The manufacturer shall make accessible, through the vehicle's
standard data link, the version number or part number of the vehicle'
s current computer memory program to allow smog check technicians to
determine if the manufacturer's most up-to-date program is installed
in the vehicle's computer. This requirement shall apply to all
vehicles with reprogrammable computer memory in the vehicle's
computer beginning with the 1999 model year. Until the manufacturer
provides an electronic computer program identifier system, the
manufacturer shall use a mechanical identification system to identify
the computer's current program.
   (e) (1) Those manufacturers that do not use reprogrammable
technology for the vehicle's computer shall use either a mechanical
or electronic identification system to identify the current program
of the vehicle's computer.
   (2) The manufacturer shall also provide or cause to be provided an
engine family reprogramming cross-reference to aid smog check
technicians in determining the proper computer memory program for
that engine. The cross-reference shall either be published by the
manufacturer or made available to private diagnostic service
information vendors or intermediaries for compilation and
distribution.
   (f) (1) The information required to be provided under this section
shall be limited to only that information which is made available by
manufacturers to franchised dealers or other persons engaged in the
repair, diagnosing, or servicing of motor vehicles or motor vehicle
engines needed to make use of the emissions control diagnostic system
prescribed under Section 207 of the Federal Clean Air Act Amendments
of 1990 and such other information including instructions for making
emission-related diagnosis and repairs. If any of the
emissions-related service information required by this section is
provided to the manufacturer's franchised dealers in advance of the
specific requirements of this section, that information shall also be
made available by manufacturers, directly or indirectly, to smog
check stations and repair technicians. Manufacturers shall only be
required to provide information to vendors or intermediaries in the
same manner and format as provided to franchised dealers.
   (2) The service information shall be made compatible with computer
systems commonly used in the aftermarket repair industry. In
addition, the vendor or intermediary may offer the information by
other common distribution means when electronic means are
unavailable. No information or format will be required in the service
information beyond that which is provided by new car manufacturers
to franchise dealers.
   (g) The provisions of this section that apply with respect to 1994
and newer model-year vehicles shall become inoperative if the state
board determines that the Environmental Protection Agency has adopted
rules relative to the provision of emissions-related service
information for 1994 and newer model-year vehicles.



44036.3.  (a) The department shall direct licensed smog check
stations and technicians to private diagnostic assistance service
information vendors or intermediaries who possess the electronically
formatted information acquired under Section 44036.2, or with any
other emissions-related information needed to improve the
effectiveness of smog checks.
   (b) The provisions of this section that apply with respect to 1994
and newer model-year vehicles shall become inoperative if the state
board determines that the Environmental Protection Agency has adopted
rules relative to the provision of emissions-related service
information for 1994 and newer model-year vehicles.



44036.5.  (a) The department shall set standards for test analyzer
system (TAS) calibration gases and shall establish criteria to
certify and decertify gas blenders who blend, fill, or sell TAS
calibration gases.
   (b) On and after January 1, 1990, no person shall blend, fill, or
sell any TAS calibration gases unless certified by the department and
no person shall use in a TAS calibration gases which are not
certified.



44036.8.  The data collected by the equipment used by a smog check
station, as required by regulations of the bureau, may be used by a
licensed smog check station technician or operator when appealing a
citation issued by the bureau.


44037.  (a) The department shall compile and maintain records, using
the sampling methodology necessary to ensure their scientific
validity and reliability, of tests and repairs performed by qualified
smog check technicians at licensed smog check stations pursuant to
this chapter on all of the following information:
   (1) The motor vehicle identification information and the test data
collected at the station.
   (2) The number of maintenance and repair operations performed on
motor vehicles that fail to pass a test conducted pursuant to this
chapter.
   (3) The correlation between maintenance and repairs recommended by
the department pursuant to Section 44016 and maintenance and repairs
performed.
   (4) The charges assessed for the service and repairs and the
correlation between the amount charged for repairs and the amount of
emission reduction.
   (5) Data received and compiled through the use of the centralized
computer database and computer network to be established pursuant to
Section 44037.1, and any other information determined to be essential
by the department for program enhancement to achieve greater
efficiency, consumer protection, cost-effectiveness, convenience, or
emission reductions.
   (6) The frequency of specific smog check stations issuing a
passing certificate for vehicles that have failed a previous
inspection at other smog check stations within the preceding 30 days.
   (b) A written summary of the information specified in subdivision
(a) shall be available annually for the technicians and smog check
stations in each district and to the public upon request.




44037.1.  (a) On or before January 1, 1995, the department shall
design and establish the equipment necessary to operate a centralized
computer data base and computer network that is readily accessible
by all licensed smog check technicians on a real time basis.
   (b) The centralized computer data base and network shall be
designed with all of the following capabilities:
   (1) To provide smog check technicians with immediate access to
vehicle-specific information regarding the location of all emission
control equipment, pattern failure data, and other vehicle-specific
technical information relevant to the efficient identification,
diagnosis, and repair of emission problems.
   (2) To provide smog check technicians and the department with
information as to the date and result of prior smog check tests
performed on each vehicle to discourage vehicle owners from shopping
for certificates of compliance and to permit the department to
identify smog check stations for further investigation as potential
violators of this chapter.
   (3) To provide the department with data on the failure rates and
repair effectiveness for vehicles of each make and model year on a
statewide basis, and by smog check station and technician, to
facilitate identification of smog check stations and technicians as
potential violators of this chapter.
   (4) Upon a determination that a smog check station or technician
has engaged in a pattern of conduct violating this chapter, or that a
vehicle failed one or more emissions tests before obtaining a
certificate of compliance, to provide the information necessary to
identify and contact vehicle owners who obtained certificates from
the station or technician, or may have obtained certificates of
compliance in violation of this chapter, for purposes of requiring
the retesting of their vehicles.
   (5) To be compatible with the eventual transition to a fully
computerized smog certification program that will not require the use
of printed certificates as evidence of compliance.
   (6) To be compatible with bar code scanning of vehicles as
provided in Section 44041.
   (7) To permit ongoing entry of information from each smog check
station into the centralized data base to enlarge and improve the
data base on a continuous basis.
   (8) To be compatible with the department's recordkeeping and
compilation requirements established by Section 44037.
   (9) To meet the needs of a remote-sensing program to identify
gross polluters, as specified by the department.
   (10) To meet any other needs specified by the department to
enhance the benefits of the program through the storage of
vehicle-specific information, such as that pertaining to voluntary
repair and assistance and retirement programs and to the referee
station program.
   (c) After January 1, 1995, each smog check station shall transmit
vehicle data emission test results to the department's centralized
data base. Each smog check station shall also transmit vehicle data
and emission measurements made before and after repair. The
department shall establish, by regulation, the form, manner, and
frequency of the data transmittals.



44037.2.  (a) The department may enter into a contract for
telecommunication, programming, data analysis, data processing, and
other services necessary to operate and maintain the centralized
computer data base and computer network specified in Section 44037.1.
   (b) The department may, for each transmittal of data to the
centralized data base, charge a licensed smog check station a
transaction fee established by the department. The transaction fee
shall be sufficient to cover the actual costs of operating and
maintaining the current data base and network.
   (c) Any contract made pursuant to this section may authorize
compensation to the contractor from the transaction fees established
by the department. The contractor shall maintain the transaction
fees, which may be collected directly by the contractor from the
licensed smog check stations, in a separate custodial account that
the contractor shall account for and manage in accordance with
generally accepted accounting standards and principles.



44038.  Until implementation of the centralized computer data base
required pursuant to Section 44037.1, each smog check station shall
transmit vehicle data and emission test or repair results to the
department and transmit to the department vehicle data and emission
measurements made before and after repair. The department shall
establish, by regulation, the form, manner, and frequency of those
data transmittals.



44039.  A written summary of the required information applicable to
smog check stations in each district shall be published semiannually
by the department and made available upon request to the owner of any
motor vehicle subject to this chapter.



44040.  The department may require certificates of compliance,
certificates of noncompliance, and repair cost waivers to contain a
unique number encoded in bar code. These certificates may be sold to
licensed smog check stations by the department, printed by test
analyzer systems, or transmitted by electronic means. The department,
with the cooperation of the Department of Motor Vehicles, shall
periodically check certificates to determine their validity.



44041.  In order to expedite emissions testing and to eliminate
errors in the transcription of vehicle data, the department shall, in
cooperation with the Department of Motor Vehicles, furnish bar code
labels or bar coded documents to all vehicle owners at the time of
their vehicle's annual registration renewal. The labels or documents
shall contain vehicle identification numbers and other
vehicle-specific information, to be determined by the department,
which can be recorded by smog check station technicians utilizing the
scanning devices required by Section 44036.



44045.5.  (a) This section describes the qualifications to be met by
smog check technician applicants effective January 1, 1995. The
department shall, by regulation, establish requirements for the
licensure of smog check technicians which are necessary to enable the
program to meet the applicable emission reduction performance
standards, to include, at a minimum:
   (1) Either of the following:
   (A) Certification standards for all technicians in the program
which are equivalent or superior to the standards applicable for
certification by an established national certification or accrediting
institution to perform service on automotive engines and electrical
systems.
   (B) Successful completion of a training program certified by the
department under Section 44045.6.
   (2) In addition to the requirement in paragraph (1), a minimum of
two years' experience performing repairs to motor vehicle emission
control systems or experience approved by the department, or an
associate degree in an automotive technology curriculum or an
equivalent degree as determined by the department.
   (3) An examination process that effectively determines whether
applicants are all of the following:
   (A) Knowledgeable regarding the visual, functional, and exhaust
and evaporative emissions inspection and testing procedures specified
by the department, including a demonstrated understanding of loaded
mode testing principles, purpose, procedures and equipment.
   (B) Knowledgeable regarding misfire detection, air injection
testing, closed-loop system testing, and generic idle adjustment
procedures specified by the department.
   (C) Capable of using emissions manuals and tuneup labels to
properly identify required emission control systems and components on
any vehicle subject to the enhanced program.
   (4) Not later than July 1, 1995, the examination shall use
state-of-the-art technology, which may include computer simulations
or other computer-based examination formats to determine whether
applicants can properly identify, diagnose, and repair
emission-related problems. The department may contract for the
development and administration of this examination.
   (b) The department shall not license any technician unless the
department has determined that the person is able to perform the
inspection, testing, and repair tasks required under the program on
all vehicles subject to the program, except that the department may
limit this requirement to specified makes or models of vehicles if a
technician requests licensing limited to specified makes or models of
vehicles.
   (c) The department may establish more than one category or level
of licensure, and may provide for the licensing of interns or
trainees if those persons do all of their test and repair work under
the supervision of a licensed technician.
   (d) The department shall require the renewal of smog check
technician licenses every two years, and shall establish any
necessary and appropriate requirements for renewal.



44045.6.  (a) The department shall, by regulation, establish
requirements for the training of smog check technicians which are
necessary to enable the program to meet the applicable emission
reduction performance standards, to include, at a minimum, all of the
following:
   (1) Criteria for facilities, instructors, equipment, reference
materials, and instructional materials.
   (2) A detailed outline of lectures and laboratory work.
   (3) A final examination and recommended passing score.
   (4) In lieu of the requirements in paragraphs (1) to (3),
inclusive, the department may accept certification by an established
national training institution of training in relevant curricula,
including electrical systems, engine performance, and electronic
emissions diagnostics.
   (b) Training facilities meeting the requirements of subdivision
(a) shall be certified by the department to provide smog check
training.
   (c) The department may require remedial training at a certified
training facility or may take disciplinary action, whichever the
department determines to be the most appropriate, for any licensed
technician who the department determines cannot perform inspections,
testing, or repairs as required under the program. The failure to
complete the remedial training when required by the department shall
be a ground for revocation or suspension of a smog check technician's
license under Section 44072.2.
   (d) The department may contract to ensure the availability of
training and retraining courses required by this chapter whenever
these courses are not otherwise available. Charges for courses
offered by contractors pursuant to this subdivision shall be borne by
course attendees.