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Specific Language Of Proposed Regulation, Licensing and Qualifications for Smog Check Technicians

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(1) Amend Section 3340.28 of Article 5.5 of Chapter 1 of Division 33 of Title 16 of the California Code of Regulations, to read as follows:

§ 3340.28. Licenses and Qualifications for Technicians.

(a) There are the following technician licenses in the Smog Check Program:

(1) Intern Technician. The Intern Technician license which allows an individual, under the direction of a supervising licensed Smog Check technician, to perform repairs or adjustments to the emissions control systems on failed vehicles subject to the sSmog cCheck pProgram at smog check stations in all areas of the state. The Intern Technician license expires in two years, and is nonrenewable and shall be issued to an individual only once.

(2) Basic Area Technician. The Basic Area Technician license which allows an individual to inspect, diagnose, adjust, repair and certify the emissions control systems on vehicles subject to the sSmog cCheck pProgram at smog check stations in areas of the state designated as basic vehicle inspection and maintenance program areas. The Basic Area Technician license expires pursuant to the requirements in subsection (e) of section 3340.29 of this Article.

(3) Advanced Emission Specialist Technician. The Advanced Emission Specialist Technician license which allows an individual to inspect, diagnose, adjust, repair and certify the emissions control systems on vehicles subject to the smog check program at smog check stations in all areas of the state. The Advanced Emission Specialist Technician license expires pursuant to the requirements in subsection (e) of section 3340.29 of this Article.

(b) Qualifications. The qualifications to take an examination for technician licenses are as follows:

(1) Intern Technician License. The Intern Technician license does not require an examination. To qualify for the Intern Technician license, the applicant must provide satisfactory evidence of successful completion within the last twelve months two years of the bureau's Basic Clean Air Car Course. The qualification to take the Basic Clean Air Car Course is one year of automotive experience or equivalent automotive training courses in the engine performance area as determined by the bureau certified course instructor.

(2) Basic Area Technician License. The Basic Area Technician license requires an examination. The qualifications to take the examination for the Basic Area Technician license are:

(A) Education or Experience. The applicant must provide satisfactory evidence of:

1. pPossession of a valid and unexpired Intern Technician License and one year of experience as a licensed Intern Technician; or

2. pPossession of an Associate of Arts or Associate of Science degree or higher in Automotive Technology from a state accredited or recognized college, public school, or trade school, and the successful completion within the last twelve months two years of the bureau's Basic Clean Air Car Course; or

3. pPossession of a certificate in automotive technology from a a state accredited or recognized college, public school, or trade school with a minimum of 360 hours course-work in the engine performance area, and the successful completion within the last twelve months two years of the bureau's Basic Clean Air Car Course; or

4. pPossession of a valid and unexpired Basic Area or Advanced Emission Specialist smog check technician's license; or

5. sSuccessful completion within the last twelve months two years of the bureau's Basic Clean Air Car Course. The qualifications to take the Basic Clean Air Car Course (for those not possessing a degree or certificate as provided in subsection (b) paragraphs (2)(A)2. and (b)(2)(A)3. of this subsection) are one year of automotive experience or equivalent automotive training courses in the engine performance area, as determined by the bureau certified course instructor.

(B) Certification.

1. The applicant must provide satisfactory evidence of unexpired certification , which may be from the National Institute for Automotive Service Excellence, in the categories of Electrical/Electronic Systems (A6), Engine Performance (A8), and Advanced Engine Performance Specialist (L1) . The Advanced Engine Performance Specialist (L1) certification requirement shall become effective on January 1, 2002. Certification may be from the National Institute for Automotive Service Excellence, or

2. The applicant must provide satisfactory evidence of completion of a training program approved by the bureau as meeting the requirements of section 44045.6 of the Health and Safety Code. The training program must have been completed within the last five years.

(C) Update Training. An applicant for an initial license or renewal of a license must provide satisfactory evidence of successful completion of bureau certified update training courses. Update training courses provide training on new automotive technology that affects emission testing and/or repairs. Update training need not exceed 20 hours. Technicians may take a challenge test in lieu of taking the course, at the bureau's discretion. Technicians who elect to take the challenge test shall take it at a bureau certified training institution that is certified to provide that update training course. Information regarding update training courses will be available through a bureau toll free telephone number, published in the technician license renewal notice.

(3) Advanced Emission Specialist Technician License. The Advanced Emission Specialist Technician license requires an examination. The qualifications to take the examination for the Advanced Emission Specialist Technician license are:

(A) Education or Experience. The applicant must provide satisfactory evidence of:

1. sSuccessful completion within the last twelve months two years of the bureau's Advanced Clean Air Car Course, possession of a valid and unexpired Intern Technician license, and one year of experience as a licensed Intern Technician; or

2. sSuccessful completion within the last twelve months two years of the bureau's BasicClean Air Car Course-and Advanced Clean Air Car Course and possession of an Associate of Arts or Associate of Science degree or higher in Automotive Technology from a state accredited or recognized college, public school, or trade school; or

3. sSuccessful completion within the last twelve months two years of the bureau's BasicClean Air Car Course and Advanced Clean Air Car Course and possession of a certificate in automotive technology from a state accredited or recognized college, public school, or trade school with a minimum of 360 hours course-work in the engine performance area; or

4. pPossession of a valid and unexpired Basic Area Technician License, and successful completion of the Advanced Clean Air Car Course within the last twelve months two years; or

5. pPossession of a valid and unexpired Advanced Emission Specialist Technician License; or

6. Successful completion within the last twelve months two years of the bureau's BasicClean Air Car Course and Advanced Clean Air Car Courses. An applicant not possessing a degree or certificate as provided in subsection (b) paragraphs (3)(A)2. and (b)(3)(A)3. of this subsection may qualify to take the BasicClean Air Car Course by demonstrating one year of automotive experience or equivalent automotive training courses in the engine performance area, as determined by a bureau certified instructor. The applicant may qualify to take the Advanced Clean Air Car Course by successful completion of the BasicClean Air Car Course within the last twelve months two years.

(B) Certification.

1. The applicant must provide satisfactory evidence of unexpired certification, which may be from the National Institute for Automotive Service Excellence, in the categories of Electrical/Electronic Systems (A6), Engine Performance (A8) and Advanced Engine Performance Specialist (L1) . Certification may be from the National Institute for Automotive Service Excellence, or

2. The applicant must provide satisfactory evidence of completion of a training program approved by the bureau as meeting the requirements of section 44045.6 of the Health and Safety Code. The training program must have been completed within the last five years.

(C) Update Training. An applicant for an initial license or renewal of a license must provide satisfactory evidence of successful completion of bureau certified update training courses. Update training courses provide training on new automotive technology that affects emission testing and/or repairs. Update training need not exceed 20 hours. Technicians may take a challenge test in lieu of taking the course, at the bureau's discretion. Technicians who elect to take the challenge test shall take it at a bureau certified training institution that is certified to provide that update training course. Information regarding update training courses will be available through a bureau toll free telephone number, published in the technician license renewal notice.

(4) Optional Endorsement for Gaseous Fuels. An optional endorsement to test and repair vehicles powered by gaseous fuel, either solely or in combination with gasoline, is available for the Basic Area Technician and Advanced Emission Specialist Technician licenses.

(A) An individual wishing to have his/her license endorsed to test and repair vehicles powered by gaseous fuels, either solely or in combination with gasoline, must submit satisfactory evidence of certification in the certification category of Light Vehicle Compressed Natural Gas (F1). Certification may be from the National Institute for Automotive Service Excellence or from completion of a training program approved by the bureau as meeting the requirements of section 44045.6 of the Health and Safety Code.

(B) The endorsement for gaseous fuels shall be accomplished pursuant to the requirements of subsection (d) of section 3340.29 of this Article.

Note: Authority cited: Sections 44002, and 44014 and 44045.5, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Section 44014, 44031.5(e) and 44045.5, Health and Safety Code.

(2) Amend Section 3340.29 of Article 5.5 of Chapter 1 of Division 33 of Title 16 of the California Code of Regulations, to read as follows:

§ 3340.29. Licensing of Technicians.

(a) Application and Fee. An applicant for a license as a technician shall submit an application with appropriate documents to the bureau on form T-6 (10-99) SMOG TECH 1 (11/07), "Application for Initial Smog Check Technician License," which is hereby incorporated by reference, together with an application fee of $20.00. An application shall be rejected, and the fee shall not be refunded, if the applicant fails to include all required documentation, or complete all questions regarding the applicant's background, or otherwise fails to submit a complete original application. The applicant shall submit a new application with appropriate documents and an application fee of $20.00 when an application has been rejected for failure to file a complete application.

(b) Examination and Fee. An applicant for a technician license shall be subject to the following requirements:

(1) An applicant for a technician license shall pay a $65 an examination fee of $45 and successfully complete the appropriate technician examination in order to receive a technician's license.

(2) An applicant that receives a notice of qualification to take an examination, pursuant to section 3303.2 of this Article, shall take the appropriate technician examination within 90 days of receipt of notification of qualification to take the examination, or shall again submit an application to the bureau, pay an application fee of $20, pay a $65 the examination fee, and successfully complete the appropriate technician examination.

(3) A qualified applicant who fails an examination may take another examination and shall again submit an application to the bureau, pay an application fee of $20, pay a $65 the examination fee, and successfully complete the appropriate technician examination.

(c) Initial Application Review. An initial application shall be subject to the review procedures specified in section 3303.2. of Article 1 of this Chapter.

(d) Endorsement of License for Gaseous Fuels. A technician license, except for the Intern Technician license, shall be endorsed for gaseous fuels as follows:

(1) An individual submitting an application for an initial technician license or renewal of a technician license, may have the license endorsed for gaseous fuels by requesting the endorsement on the application and providing proof of qualification pursuant to paragraph (4) of subsection (b) (4 ) of section 3340.28.

(2) An individual may have an existing license endorsed for gaseous fuels by submitting a letter to the bureau requesting the endorsement be added to his/her existing license, and providing proof of qualification pursuant to paragraph (4) of subsection (b) (4) of section 3340.28.

(e) Expiration of License. A technician's license shall expire on the last day of the month in which the second birthday of the technician occurs after the date of issuance of the license. Initial license expiration dates are calculated from the date the department is notified that an applicant has passed the licensing examination. Once a license has been issued that expires in the birth month, subsequent renewal licenses will expire on the last day of the birth month, two years later. Withholding a license for enforcement purposes, or issuance of a temporary license due to family support obligations, does not change the expiration date as calculated above.

(f) Renewal of Technician License. To renew a license, the technician shall submit a complete application with appropriate documents to the bureau prior to the expiration date on the current license on form T-6 (10-99), "Application for Smog Check Technician License," pay of the license using form SMOG TECH 2 (11/07), “Technician License Renewal Application,” which is hereby incorporated by reference, together with a renewal application fee of $20,. pay a $65 examination fee, and successfully complete the appropriate technician examination.

Note: Authority cited: Sections 44002, 44013(b), 44016, 44031.5, and 44034, 44034.1 and 44045.5, Health and Safety Code; and Section s 163.5 and 9882, Business and Professions Code. Reference: Sections 44012, 44014, 44015(a) and (b), 44030(a), 44031.5, 44032, 44034, 44034.1, 44035, 44045.5 and 44045.6, Health and Safety Code ; and Section 1798.17, Civil Code.