CAA Legislative Updates

CAA Legislative Update November 2024

With the elections now behind us, the new legislative session is set to officially begin on December 2, focusing initially on some housekeeping tasks and bill introductions. Most legislative work, however, will kick off in January. This session brings a significant change, with thirty-six new legislators being sworn in. Below is an overview of what to expect in the coming year, along with a regulatory update.

Potential Legislation Next Year

Electric Vehicle Batteries – SB 615 Electric Vehicle Batteries – SB 615. We expect SB 615 to be reintroduced. This bill, among other things, requires that automotive repair dealers who remove electric battery from a vehicle for repair, remanufacturing, or recycling must ensure that the battery is disposed

of properly, adhering to the end-of-life requirements specified in the legislation.

Right to Repair Legislation– Following the passage of SB 244, which establishes the Right to Repair for electronic equipment, there has been ongoing discussion about potential Right to Repair legislation for vehicles in California, possibly including a ballot measure. We will continue to monitor developments and provide updates.

Preventing Disclosure of Minor BAR Citations -Extension – The program that prevents disclosure of minor BAR citations for documentation or record-keeping if an automotive repair dealer completes remedial training is set to expire in July 2026. We plan to collaborate with BAR to support legislation that continues to prevent citation disclosure for minor violations, provided the ARD completes BAR-approved remedial training.

Regulations Update

Bureau of Automotive Repair Regulations

Tear Down and Insurance Disclosure Requirements. BAR has released proposed regulations that will revise current tear down (disassembly) disclosure requirements and require all auto repair shops accepting payments for repairs from insurers to include the expected payment amount from the insurer on the estimate. Public Comments for regulations end on December 16. See link for more information. https://www.bar.ca.gov/regulatory-actions

Storage Fee Regulations. The BAR is proposing regulations that will make major changes to how shops can charge for vehicle storage fees. The regulations require shops that perform repairs resulting from accidents or theft recoveries to report their daily storage rate to BAR annually. Shops must determine the daily storage rate based upon specified factors and the reported rate must remain unchanged (locked in) for one year. Shops must also post and display current daily storage rates visibly to customers and notify them in writing, when charges will accrue. Many concerns have been raised, including howstorage fees are calculated, the possibility that shops charging rates regulated by the BAR. BAR will be reviewing concerns. See link to the proposed regulations. www.bar.ca.gov/pdf/workshops/202410- Storage/draft-text.pdf

Smog Check Readiness Monitor Limits. Requires all OBD-II readiness monitors to be run to completion in order for a vehicle to pass a smog check inspection. Public Comments for regulations end on December 16. See link for more information. https://www.bar.ca.gov/regulatory-actions

Omnibus Clean Up of Related Regulations. Reinstates definitions that are in the Code of Regulationsection that will become inoperative after effective date of the Vehicle Safety Systems Inspection Program and adds definitions in order to provide definitions for terms used throughout BAR’s regulations. Public Comments for regulations end on December 16. See link for more information. https://www.bar.ca.gov/regulatory-actions

BAR Vehicle Safety Systems Inspection Program (VSSI) Update. The current Brake and Lamp Inspection Program ended on September 27, 2024 and replaced with VSSI. The DMV will no longer accept brake and lamp certificates of compliance for registration purposes and BAR will collect and refund all unused brake and lamp certificates. Implementation information on the VSSI program is on the BAR website, including steps to obtain a VSSI station and/or technician license. See the BAR link for more information. https://www.bar.ca.gov/safety

BAR Citation & Fine Program. The BAR has increased the number of citations and fines issued to California automotive repair dealers. BAR has started conducting appeal conferences, where automotive dealers can remotely, contest, their citations before a three-member panel. This panel includes a public member, an industry representative and BAR representative. If the automotive repair losses the appeal and is eligible they may attend an 8-hour remedial training course. Successful completion of this course removes the citation from the BAR website, ensuring it is not visible to consumers and competitors. The next appeals conference is scheduled for November 14, 2024. See link for more information. https://www.bar.ca.gov/panel/20241114

California Energy Commission (CEC) – Replacement Tire Regulations

The California Energy Commission (CEC) is moving forward with proposed regulations that would mandate tire retailers, including all automotive repair dealers, to display signs, provide tire disclosures to consumers and include them on all advertising. We worked with CEC to pursue exemptions for tire sellers who engage in occasional sales as well as to provide clarification for requirements relating to signs, disclosures and advertising. We provided suggested amendments and met with CEC to express concerns. We are waiting for the revised tire regulation text to be released publicly this fall and will report. See link for more information. https://www.energy.ca.gov/programs-and- topics/programs/replacement-tire-efficiency-program