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SB-359 Automobile dismantling: enforcement.(2023-2024)

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Date Published: 06/06/2024 09:00 PM
SB359:v95#DOCUMENT

Amended  IN  Assembly  June 06, 2024
Amended  IN  Assembly  March 12, 2024
Amended  IN  Assembly  June 19, 2023
Amended  IN  Senate  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 359

Introduced by Senator Umberg

February 08, 2023

An act to amend Section 11545 of the Vehicle Code, relating to vehicle dismantling.


LEGISLATIVE COUNSEL'S DIGEST


SB 359, as amended, Umberg. Automobile dismantling: enforcement.
Existing law requires the Department of Motor Vehicles to collaborate with the California Department of Tax and Fee Administration, the California Environmental Protection Agency, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and the State Air Resources Board to review and coordinate enforcement and compliance activity related to unlicensed and unregulated automobile dismantling, including resulting tax evasion, environmental impacts, and public health impacts. Existing law requires the department, in consultation with those agencies, on or before January 1, 2024, to submit a related report to the Legislature, including specified information. Existing law would repeal these provisions on January 1, 2025.
This bill would instead require the above-described report to be submitted on or before January 1, 2027, and would repeal the above-described provisions on January 1, 2028. extend the operation of these provisions indefinitely and would require the department, on or before January 1, 2027, to submit to the Legislature a report updating the data, information, and recommendations provided in the above-described report.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11545 of the Vehicle Code is amended to read:

11545.
 (a) The department shall collaborate with the California Department of Tax and Fee Administration, the California Environmental Protection Agency, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and the State Air Resources Board to review and coordinate enforcement and compliance activity related to unlicensed and unregulated automobile dismantling, including resulting tax evasion, environmental impacts, and public health impacts.
(b) The department, along with the agencies listed in subdivision (a), may collaborate with and solicit information from district attorneys, certified unified program agencies, code enforcement agencies, and any other federal, state, or local agencies with jurisdictions over unlicensed and unregulated automobile dismantlers to achieve the purposes of this section.
(c) (1) On or before January 1, 2027, 2024, the department, in collaboration with the agencies listed in subdivision (a), shall submit a report to the Legislature including, but not limited to, the following:
(A) The number of unlicensed automobile dismantlers investigated and the number of investigations that resulted in an administrative enforcement action, a civil enforcement action, criminal prosecution, or compliance assistance activity.
(B) The number of unlicensed automobile dismantlers investigated and the number of investigations that resulted in an enforcement action for theft of a catalytic converter or purchase, receipt, possession, or sale of a stolen catalytic convertor.
(C) The number of locations used for unlicensed automobile dismantling that were determined to be a public nuisance and the number of actions taken to enjoin, abate, or prevent the illegal activity from continuing.
(D) Progress made to bring unlicensed automobile dismantlers into compliance through the adoption and implementation of the recommendations from the January 21, 2020, report submitted to the Legislature pursuant to Assembly Bill 1858 of the 2015–16 Regular Session.
(E) Remaining statutory, administrative, or regulatory gaps for investigating and prosecuting unlicensed automobile dismantlers.
(F) Recommendations for additional strategies for bringing unlicensed automobile dismantlers into compliance through compliance assistance, education, training, or other identified methods.
(G) Recommendations for modifying, eliminating, or continuing the coordinated enforcement and compliance activities pursuant to this section.
(2) On or before January 1, 2027, the department, in collaboration with the agencies listed in subdivision (a), shall submit to the Legislature a report updating the data, information, and recommendations provided to the Legislature pursuant to paragraph (1), and including any additional information and analysis the department deems material.

(2)The

(3) A report required by this subdivision shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.

(d)This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date.