Massachusetts Custom Car Legislation

Update on SEMA Model Bill

 

Big changes are in the air in Massachusetts for custom car builders and we have some news to report on. 

 

Background: Ever since last October, when Mass DEP decided to begin using an all-new criteria for custom car builders (which made it extremely difficult to build and register your car in the Commonwealth), folks in the State of Mass have been in an uproar. The new standards basically maintain that you cannot successfully pass emissions testing unless you have the complete running gear from an existing vehicle (even a 1972 polluter car is fine!), and use it in your kit unmodified. If this policy is left in place it makes it almost impossible to build a car in Massachusetts, renders previously “legal” cars (built in previous years) virtually worthless as they cannot be registered if they are sold to a new owner, and by default, becomes the nations toughest (and most unfair) component car law, beyond California… worse yet it does little if anything to actually reduce emissions or quantify the actual number of cars in the Commonwealth built and being driven (since as a direct result of this policy, many owners have registered AND paid sales tax out of State!).

 

We here at FFR, didn’t think it was a big deal since these were “guidelines” being used by the Mass DEP and at the time (November ’08) the SEMA model legislation had already passed the House and Senate and was headed unopposed to Gov. Deval Patrick’s desk for signature.  We all figured the Bill would become law in January ‘09 and the few months of confusion would be a bad memory.  The SEMA model legislation, by the way, has become law in over 30 some States, including the most rigorous, California with its SB100.

 

It was to our HUGE dismay that the Governor didn’t sign the Bill into law.  State Reps Carolyn Dykma and Brian Dempsey both re-submitted versions of the Bill shortly thereafter (HB 3201 and HB 3199 respectively).  From that moment on, a dedicated group of car club guys, FFR customers, and our team began to try and figure out what went wrong.  After some digging and some help from our State Reps, we soon learned that the only objector to the Bill was the Massachusetts DEP. 

 

FFR customer Joe Leone,  Right Coast Car guy John Weston,  Principles from the Mass Auto Club, and FFR supplier Mark Reynolds from Breeze Automotive, arranged a meeting with DEP and several State Reps on the 18th of June to see if we could find some common-ground language, satisfy DEP objections, and finally get this important Bill passed.  Soon afterwards, helped along by the offices of State Reps Steven Badour, Carolyn Dykma and Brian Dempsey, we, along with a group of automotive experts, representatives of Mass car clubs and tuners/hot rod builders, and customers attended a meeting with Paul Davis from DEP. The meeting was very productive and DEP was able to hear from a panel of experts regarding this proposed Bill.  Further ideas were generated that would help satisfy DEP concerns going forward. The results of the meeting were favorable and today we are working on changing the language of the Bill to satisfy reasonable concerns from DEP and bring Massachusetts back in line with not only the 30+ States who have passed custom car-building/SEMA model legislation, but also the rest of the 49 States, in which an individuals right to build his or her own custom hot rod or component car is protected without damaging the environment. At this point we have every reason to believe that Massachusetts will enact a version of this legislation by year’s end.  We will keep you updated as developments continue and may decide to organize a grassroots effort if this reasonable work fails. 

 

Dave Smith

President