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BAR summarizes 2024 legislation and files several smog‑check regulation packages; public comment set for Nov. 1–Dec. 16 on two packages

5923162 · October 18, 2024
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Summary

BAR staff summarized 2024 bill outcomes and said two regulation packages (readiness monitor limits and teardown disclosure) were filed for a 45‑day public comment period from Nov. 1 through Dec. 16; BAR also scheduled a workshop on storage and towing fees.

Bureau of Automotive Repair regulation coordinators Holly Helsing and Kayla Shelton briefed advisory members on the end of the 2024 legislative session and on pending BAR regulatory packages.

Legislative wrap‑up: BAR highlighted two bills signed by the governor and one technical cleanup that affect BAR activity. AB 1901 (total loss claims) was approved and filed with the Secretary of State (Sept. 22); it permits insurers to release a totaled vehicle from a salvage pool to an owner or lienholder subject to retrieval timeframes, after which title is assigned to the salvage pool. SB 1526 (technical cleanup) also was signed (Sept. 22); it changes bureau terminology from “bureau approved educational certifications” to “bureau accepted educational certifications.” BAR staff noted that SB 301 (0‑emission aftermarket conversion pilot) and SB 615 (vehicle traction batteries, two‑year bill) were vetoed, and AB 2188 (pollution control devices) died in the session. Advisory members noted the author of SB 615 intends to reintroduce it.

Regulatory packages: BAR described multiple regulation packages and filing status. Packages approved for filing with the Office of Administrative Law (agency approval received) will undergo 45‑day public comment periods (Nov. 1–Dec. 16):

- Smog‑check readiness monitor limits: removes outdated subdivisions and prohibits passing an OBD‑II inspection when required readiness monitors report “not complete” for gasoline vehicles 1996+ and diesel vehicles 1998+. - Teardown disclosure requirements: adds and clarifies definitions, clarifies estimate/work‑order disclosure requirements and requires disclosure of third‑party payment amounts on an estimate before customer authorization.

BAR staff said a third package, on storage and towing fees, brings together existing laws into a single regulatory section. The package would clarify when storage and towing fees may be charged, require an itemized estimate and invoice for storage/towing, and require repair shops (ARDs) to post a towing and storage fees notice and their current daily storage rate. BAR scheduled a regulatory workshop on the storage and towing package that afternoon to work through stakeholder concerns prior to formal OAL review.

Advisory members urged BAR to supply example forms and a “write‑it‑right” sample disclosure that shops can adapt — a request BAR staff agreed would be useful for implementing the teardown‑disclosure and storage/towing notice requirements.

Why this matters: the packages affect how SmogCheck results are certified, what must be disclosed before repair authorization, and how shops may charge and notify customers about towing and storage fees. Public comment periods open Nov. 1 for at least two packages, so stakeholders have an opportunity to review draft text and propose changes.