Legislative Update

Collector Cars at Risk with
California Scrappage Vote

   Despite heavy opposition from California automobile enthusiasts, SEMA and other interested parties, the California Air Resources Board (CARB) approved amendments instituting a very aggressive scrappage program across California. Under this new regulation, CARB will crush and destroy up to 150,000 cars a year for 10 years to meet emissions-reduction goals The regulations will not allow for salvage or recycling of any vehicle parts or engines. The corresponding loss, in terms of irreplaceable parts and vehicles needed by vehicle enthusiasts, will be significant.

   In approving this proposal, CARB flatly disregarded California law (S.B. 501) mandating that all scrappage programs allow for parts recycling. Under the new regulations, the only way a hobbyist or a low-income individual can obtain a necessary part would be to buy the entire car before it's crushed. Most disappointing, CARB did not consider a proven alternative to scrappage - voluntary repair and upgrade - where older vehicles are voluntarily submitted for repair and installation of emissions upgrade retrofit equipment. CARB gave no attention to a San Diego Air Pollution Control District pilot "Repair/Upgrade" program. which achieves emissions reductions at half the cost of typical scrappage programs.

  The CARB also chose to ignore the facts concerning real-world scrappage programs:

1. CARB does no testing to prove emissions reductions are achieved with scrappage or that vehicles scrapped are replaced by cleaner running vehicles .

2. These programs fail to recognize that many cars turned in for scrappage can barely run or cannot pass smog inspections and that the programs themselves are susceptible to fraud

3. The CARB scrappage program disregards the needs of hobbyists and low-income families who rely on the availability of older vehicles and parts

4. Regulatory agencies cannot justify crushing cars when more cost-effective and environmentally sound programs, such as voluntary repair and upgrade exist.

   SEMA VP of Government Affairs Chris Kersting said, "SEMA is disappointed CARB is disregarding the law regarding parts recycling and is ignoring proof that scrappage programs are fatally flawed. The association is working with car clubs and other interested parties to determine the best response to the CARB's decision. Our options include introducing legislation and/or bringing legal action challenging the final regulations."

SEMA's Driving Force newsletter  
January 1999  

 California Bans MTBE

   In a dramatic move, California Governor Gray Davis has banned MTBE, the ingredient used in reformulated gasoline to help cut emissions. Critics charge that MTBE increases fuel consumption (meaning more air pollution) by as much as 10 to 15 percent, emits an offensive smell, and pollutes ground and groundwater.

   But the Governor of California was more impressed with studies from his own University of California showing that MTBE has adverse effects on water quality. He directed that the additive be phased out over the next four years. California joins Maine in banning the fuel additive, which also, according to numerous sources, can cause engine compartment fires in older vehicles, because it deteriorates the plastic and rubber pieces used in older fuel systems.

Cars & Parts magazine, June 1999

ACCC (Association of California Car Clubs) deFender updates:

   Bad news for restorers/collectors/car and truck enthusiasts: SB 285-Mountjoy (which would have closed the remote-sensing loop- hole in last year's SB-42 Smog Check exemptions for pre-'73s) and SB-296-Mountjoy (which would have exempted cars and trucks driven under 5,000 miles a year from Smog Check) were defeated in the California Senate Transportation Committee on April 20th. Despite intense lobbying by ACCC members and enthusiasts statewide, two Senators-both Democrats-refused to vote on this bill: Kevin Murray and Tom Hayden. ACCC members are now pushing to have SB 285'5 and SB 296'5 text amended onto another transportation-related bill. Per sponsor Senator Richard Montjoy (R-Arcadia), it's an uphill fight but not impossible! Other pending enthusiast-related bills: SB l056-Johannessen (studying repair and upgrade programs instead of scrappage) and SB 230- Johannessen (abolishing the $300 "smog impact fee") both cleared the Senate Transportation committee and are both before the senate Appropriations Committee. The MTBE related bills (SB 192- Perada and SB272-Leslie) both appear dead for the year, given Govenor Davis' "phaseout" of MTBE. (Meanwhile, US Senator Diane Feinstein's bill to waive the Federal reformulated-gas mandate for California is pending in the US Senate's Environment and Public Works committee, with no hearing date set.)

Drive, magazine, June 1999

   Finally, some good news for California car enthusiasts out of Sacramento. Senate Bill 1058 (sponsored by Senator Maurice Johannessen), which would ease the burden of emissions testing aftermarket-equipped cars and trucks by limiting visual/functional test requirements, is on a "fast track" to clear the Senate and move to the Assembly. Also still alive is Johannessen's bill (SB 1056) requiring the California Air Resources Board (CARB) to come up with a pilot program to evaluate the feasibility/cost-effectiveness of a voluntary repair-and-upgrade program (as opposed to "crusher" programs); while SB 230 (repealing the $300 "smog impact fee" charged anyone who brings in a 1975 or later car/truck to California) is on hold. As a court might throw it out, the Legislature is holding SB 230 in the Senate Appropriations Committee for now.

Drive magazine, July 1999


1800 NEWS, September 1999, p. 9

Source: The COURIER - Spring 1999


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