Leno’s Law: An Optimistic Proposal to Exempt California Classic Cars from a Biennial Smog

California has long been at the forefront of clean air emissions testing for gas powered vehicles. Over time, these stringent laws have deterred automotive enthusiasts from pursuing their passion. But now, positive change might be looming on the horizon. Here, I will discuss Leno’s Law and what it will mean for the future outlook of California’s vibrant car culture.

Since 1976, under Vehicle Code Section 4000.1, the California Air Resources Board (CARB) requires that vehicles that are manufactured post 1976 are expected to pass a smog check. This applies to the initial registration of an acquired vehicle, biennial checks upon registration renewal, and the transfer of ownership. As we’ve progressed a quarter of a century into the new millennium, this law has become outdated. From the production years of 1976-1990, this 14 year span is no longer deemed modern. Beginning in 1996, the introduction of OBDII (On-Board Diagnostics 2) is a more complex method utilized as a wide range emission control system to render modern vehicles compliant with passing smog requirements. OBDI (On-Board Diagnostics 1) is very limited in monitoring fewer components such as oxygen sensors, catalytic converters and EVAP systems.

So what does this mean? Well, as vehicles for the model years of 1976-1990 have aged, so have the emissions systems that were put in place to test them. Not only could it be costly and laborious, it might also be difficult to find a star certified shop that has the outdated practice to perform this procedure, as well as a trained technician familiar with it. Also, many vehicles from this era are no longer driven on a daily basis. So in essence, this targets a small niche of individuals who according to the California DMV estimates that vehicles 35 years or older makes up 1% of vehicles that are rarely driven and have a minimal impact on the environment.

Recently, a few California Senators have introduced SB 712, “Leno’s Law,” to the California Legislature. Sponsored by celebrity and automotive enthusiast Jay Leno, this bill aims to exempt vehicles that are 35 years or older from emissions testing. If passed, this would be a rolling law that evolves by the year. For example, in 2026, a car built in 1991 would be exempt from a smog check because it would then be 35 years old, provided it is registered as a “collector vehicle.” I wouldn’t be surprised if certain stipulations came with this law such as a yearly mileage limit or an annual visual inspection, however, I couldn’t find any evidence as Leno’s Law is in the early stage.

Pictured: Jay Leno and Senator Shannon Grove (R-Bakersfield) after the Capital Cruise to Promote Leno’s Law. Photo Provided By The California State Senate

So far, Leno’s Law has passed the Senate Transportation Committee, but is unfortunately at a current stalemate amongst the State Senate Legislature. However, the CRA (Congressional Review Act) just voted to federally abolish emissions testing, but California leaders might contest it. If Governor Newsom eventually signs SB 712 into law, it could have a significant impact on California’s eclectic car sub-culture. Whether it’s American muscle, hotrods, lowriders, tuners or classics, all who are involved within the community will be empowered to express themselves more freely without the fear of government regulations. Moreover, this shift in easing restrictions will be advantageous for the state’s economy. According to the Specialty Equipment Market Association (SEMA), California’s aftermarket auto industry currently boasts over 149,000 jobs, contributes $40.44 billion to the state’s economy, and pays over $6.16 billion in state and local taxes. Substantial revenue increases would increase with the support of Leno’s Law.

I, for one, am excited at the prospect of what good this law could do! Leno’s Law could bring a renewed sense of morale within the car community, enabling enthusiasts to freely express themselves without fear of legal repercussions. It seems like a win-win to me, what say you?