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AB-2682 Vehicles: catalytic converters.(2021-2022)

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Date Published: 06/30/2022 09:00 PM
AB2682:v95#DOCUMENT

Amended  IN  Senate  June 30, 2022
Amended  IN  Senate  June 15, 2022
Amended  IN  Assembly  May 23, 2022
Amended  IN  Assembly  April 07, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2682

Introduced by Assembly Members Gray, Choi, and Patterson
(Coauthors: Assembly Members Friedman, Gipson, Nazarian, and Villapudua)

February 18, 2022

An act to add Section 9880.5 to the Business and Professions Code, to add Section 44021 to the Health and Safety Code, and to add Sections 10753 and 24020 to the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2682, as amended, Gray. Vehicles: catalytic converters.
(1) Existing law licenses and regulates motor vehicle manufacturers. Existing law requires a manufacturer to affix a notice, as specified, to a window or windshield of the vehicle, and a willful failure to affix the notice is punishable as a misdemeanor. motor vehicle dealers and retail sellers. Existing law prohibits a motor vehicle dealer or retail seller from selling any motor vehicle that is not in compliance with the requirements enumerated in the Vehicle Code. The bill would authorize a dealer or retailer to impose a reasonable charge on the purchaser of a motor vehicle for complying with this requirement, as specified.
This bill would prohibit a manufacturer dealer or retail seller from delivering a new selling a vehicle assembled after January 1, 2024, equipped with a catalytic converter unless the catalytic converter has been permanently marked with the vehicle identification number (VIN) of the vehicle to which it is attached with a label, as specified. The bill would authorize a dealer or retail seller to impose a reasonable charge on the purchaser of a motor vehicle for complying with this requirement, as specified.
A violation of this provision would be punishable by specified fines.
(2) This bill would also prohibit any person, except as exempted, from removing, altering, or obfuscating the VIN engraved, etched, or otherwise marked on a catalytic converter, or from knowingly possessing a catalytic converter that has been so altered. converter.
A violation of these provisions would be punishable as a misdemeanor.
(3) Existing law licenses and regulates automotive repair dealers, as defined.
This bill would require any automotive repair dealer that installs or replaces a catalytic converter on a motor vehicle to ensure that the catalytic converter is permanently marked with the VIN of the vehicle on which it is being installed with a label or an engraving, etching, or marking, as specified, and would authorize the automotive repair dealer to charge the consumer a reasonable fee, as specified. A violation of this provision would be punishable by specified fines.
(4) Existing law licenses and regulates smog check stations.
This bill would require a smog check station, as part of any smog check performed on a motor vehicle, to inspect the exterior of the catalytic converter and notify the customer whether or not the catalytic converter is permanently marked, as specified, with the VIN. The bill would require a smog check station to perform only a visual inspection to satisfy this requirement. Failure by a smog check station to comply with this provision would be punishable as a misdemeanor.
(5) By creating new crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 9880.5 is added to the Business and Professions Code, to read:

9880.5.
 (a) Any automotive repair dealer that installs or replaces a catalytic converter on a motor vehicle shall ensure that the catalytic converter is permanently marked with the vehicle identification number of the vehicle on which it is being installed by either of the following:

(1)The method described in Section 24020 of the Vehicle Code.

(1) A label permanently affixed to the catalytic converter, the attempted removal of which shall cause the label to be destroyed by tearing or otherwise rendering the vehicle identification number on the label illegible, and which shall discernibly alter the appearance of the area of the catalytic converter where the label was affixed by leaving residual parts of the label or adhesive in that area as evidence that a label was originally present.
(2) Engraving, etching, or marking the vehicle identification number on the exterior casing of the catalytic converter lettered in block capitals and numerals not less than one-half inch in height. converter.
(b) An automotive repair dealer may charge impose a reasonable fee charge to offset the cost of compliance with this section when permanently marking a catalytic converter as described in this section.
(c) An automotive repair dealer convicted of a violation of subdivision (a) shall be punished as follows:
(1) For the first violation, by a fine of not less than two hundred fifty dollars ($250).
(2) For a separate second violation, by a fine of not less than five hundred dollars ($500).
(3) For a separate third or subsequent violation, by a fine of not less than one thousand dollars ($1,000).

SEC. 2.

 Section 44021 is added to the Health and Safety Code, to read:

44021.
 (a) A smog check station shall, as part of any test conducted pursuant to this chapter, inspect the exterior of the catalytic converter, if any, and notify the customer whether or not the catalytic converter is permanently marked, as described in Section 9880.5 of the Business and Professions Code or Section 24020 of the Vehicle Code, with the vehicle identification number of the vehicle being tested.
(b) In order to comply with this section, a smog check station shall only perform a visual inspection without any responsibility to remove or disassemble any part of the vehicle if the catalytic converter is not otherwise visible.

SEC. 3.

 Section 10753 is added to the Vehicle Code, to read:

10753.
 (a) A person shall not remove, alter, or obfuscate any vehicle identification number or other unique marking that has been added to a catalytic converter.

(b)A person shall not knowingly possess any catalytic converter that has had a vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).

(c)

(b) This subdivision does not apply to either of the following:
(1) A person who is removing, altering, or obfuscating a vehicle identification number or other unique marking in order to apply a new vehicle identification number or unique marking because the catalytic converter is being lawfully installed on a different vehicle.
(2) A person that is disassembling, smelting, or otherwise permanently destroying a catalytic converter lawfully in their possession.

(d)

(c) A violation of this section is punishable as a misdemeanor.

SEC. 4.Section 24020 is added to the Vehicle Code, to read:
24020.

(a)For purposes of this section, a “new vehicle” only includes all of the following:

(1)Passenger vehicles.

(2)Multipurpose passenger vehicles with a gross vehicle weight rating of 6,000 pounds or less.

(3)Light-duty trucks with a gross vehicle weight rating of 6,000 pounds or less.

(b)(1)No manufacturer shall deliver a new vehicle assembled after January 1, 2024, equipped with a catalytic converter for sale in this state unless the catalytic converter has been permanently marked with the vehicle identification number of the vehicle to which it is attached.

(2)The vehicle identification number shall be printed indelibly on a label, and the label shall be permanently affixed to the catalytic converter in a location that is visible without further disassembly once the catalytic converter has been removed from the vehicle.

(3)The label shall be placed in a location where it will not be damaged by the use of any tools necessary to install, adjust, or remove the part, or any portions thereof, and the part will not likely be damaged in a collision.

(4)The label shall be lettered in block capitals and numerals not less than three thirty-seconds of an inch high.

(5)Removal of the label shall do both of the following:

(A)Cause the label to self-destruct by tearing or rendering the vehicle identification number on the label illegible.

(B)Discernibly alter the appearance of the area of the catalytic converter where the label was affixed by leaving residual parts of the label or adhesive in that area so that investigators will have evidence that a label was originally present.

(6)Alteration of the vehicle identification number on the label shall leave traces of the original vehicle identification number or otherwise visibly alter the appearance of the label material.

(7)The label shall be resistant to counterfeiting.

(8)The logo or some other unique identifier of the vehicle manufacturer shall be placed in the material of the label in a manner such that alteration or removal of the logo visibly alters the appearance of the label.

(c)A manufacturer convicted of a violation of subdivision (b) shall be punished as follows:

(1)For the first violation, by a fine of not less than two hundred fifty dollars ($250).

(2)For a separate second violation, by a fine of not less than five hundred dollars ($500).

(3)For a separate third or subsequent violation, by a fine of not less than one thousand dollars ($1,000).

SEC. 4.

 Section 24020 is added to the Vehicle Code, to read:

24020.
 (a) No dealer or person holding a retail seller’s permit shall sell a new or used vehicle equipped with a catalytic converter unless the catalytic converter has been permanently marked with the vehicle identification number of the vehicle on which it is being installed by either of the following:
(1) A label permanently affixed to the catalytic converter, the attempted removal of which shall cause the label to be destroyed by tearing or otherwise rendering the vehicle identification number on the label illegible, and which shall discernibly alter the appearance of the area of the catalytic converter where the label was affixed by leaving residual parts of the label or adhesive in that area as evidence that a label was originally present.
(2) Engraving, etching, or marking the vehicle identification number on the exterior casing of the catalytic converter.
(b) A dealer or person holding a retail seller’s permit may impose a reasonable charge to offset the cost of compliance with this section when permanently marking a catalytic converter as described in this section. The charge shall be separately itemized on the sales or lease contract.
(c) A dealer or person holding a retail seller’s permit convicted of a violation of subdivision (a) shall be punished as follows:
(1) For the first violation, by a fine of not less than two hundred fifty dollars ($250).
(2) For a second separate violation, by a fine of not less than five hundred dollars ($500).
(3) For a third or subsequent violation, by a fine of not less than one thousand dollars ($1,000).
(d) Subdivision (a) does not apply to any of the following:
(1) A vehicle that is sold by a dealer conducting a wholesale vehicle auction or dealer-to-dealer wholesale transaction.
(2) A vehicle sold by a dismantler after being reported for dismantling pursuant to Section 11520.
(3) A vehicle sold by or through a salvage pool after obtaining a salvage certificate pursuant to Section 11515, a nonrepairable vehicle certificate issued pursuant to Section 11515.2, a certificate of title for a vehicle described in subdivision (f) of Section 11515.2, or a similar ownership document issued by another state.
(4) A vehicle equipped with a catalytic converter that is in a location that is not readily accessible and reasonably requires the removal or disassembly of parts of the vehicle to obtain sufficient access to the catalytic converter to comply with the permanent marking requirement described in subdivision (a).

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.