2004 Legislation
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HOUSE BILL NO. 714 – MV, inspection, emissions

HOUSE BILL NO. 714

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Bill Status



H0714..............................................by ENVIRONMENTAL AFFAIRS
MOTOR VEHICLE INSPECTIONS - EMISSIONS - Adds to existing law to provide for
the adoption of motor vehicle emissions control programs by counties, and
cities in certain counties; and to provide procedures.
                                                                        
02/17    House intro - 1st rdg - to printing
02/18    Rpt prt - to Env Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 714
                                                                        
                             BY ENVIRONMENTAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE INSPECTION AND MAINTENANCE OF MOTOR VEHICLES  TO  CONTROL  AND
  3        MANAGE  EMISSION  OF  AIR  POLLUTION;  AMENDING CHAPTER 1, TITLE 39, IDAHO
  4        CODE, BY THE ADDITION OF A NEW SECTION 39-116B, IDAHO CODE, TO PROVIDE FOR
  5        THE ADOPTION OF MOTOR VEHICLE EMISSIONS CONTROL PROGRAMS BY  COUNTIES  AND
  6        CITIES IN CERTAIN COUNTIES AND TO PROVIDE PROCEDURES.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Chapter  1,  Title  39, Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 39-116B, Idaho Code, and to read as follows:
                                                                        
 11        39-116B.  VEHICLE  INSPECTION AND MAINTENANCE PROGRAMS -- COUNTY ADOPTION.
 12    (1) The board of county commissioners for each county  with  a  population  of
 13    more  than one hundred twenty-five thousand (125,000) persons according to the
 14    most recent United States decennial census  and  which  is  (a)  designated  a
 15    nonattainment area pursuant to the clean air act by the department of environ-
 16    mental  quality, or (b) projected to be designated a nonattainment area pursu-
 17    ant to the clean air act by the department of environmental  quality,  or  (c)
 18    determined  to  significantly  contribute to the nonattainment under the clean
 19    air act of an adjacent area by the department of  environmental  quality,  and
 20    each incorporated city within those counties, shall enact an ordinance or res-
 21    olution  implementing  a  motor  vehicle inspection and maintenance program to
 22    regulate and control the emissions of air pollution from motor vehicles.
 23        (2)  A nonattainment area for purposes of this section  shall  be  a  land
 24    area  which  fails  to  meet national ambient air quality standards (NAAQS) or
 25    land area where NAAQS are projected by the department of environmental quality
 26    to be exceeded and the emissions of  contaminants  from  motor  vehicles  will
 27    cause or significantly contribute to the exceedance.
 28        (3)  An  area  significantly contributes to the nonattainment or projected
 29    nonattainment of an adjacent area when the department of environmental quality
 30    determines that registered motor vehicles cause or contribute or may cause  or
 31    contribute significantly to an exceedance or projected exceedance of any NAAQS
 32    in an adjacent area.
 33        (4)  The  board  of  environmental quality shall by rule establish minimum
 34    standards for county or city ordinances and  resolutions  adopted  under  this
 35    section which shall provide for:
 36        (a)  The  requirements  for  licensing  authorized inspection stations and
 37        technicians;
 38        (b)  The frequency with which inspections will be required, provided  that
 39        inspections shall occur every two (2) years at a minimum;
 40        (c)  The procedures under which authorized inspection stations and techni-
 41        cians inspect motor vehicles and issue evidence of compliance;
 42        (d)  The  criteria under which it is to be determined that a motor vehicle
 43        is eligible for a certificate of compliance;
                                                                        
                                           2
                                                                        
  1        (e)  The diagnostic equipment necessary to perform  the  required  inspec-
  2        tion.  The rules must ensure that the equipment complies with any applica-
  3        ble standards of the United States environmental protection agency;
  4        (f)  Any fee, bond or insurance which is necessary to carry out the provi-
  5        sions of this section;
  6        (g)  The  issuance of a pamphlet for distribution to owners of motor vehi-
  7        cles explaining the reasons for and the methods of the inspections;
  8        (h)  The granting of a waiver from the provisions  of  the  ordinance  and
  9        resolution, if:
 10             (i)   Compliance involves repair and equipment costs exceeding a cer-
 11             tain established limit to avoid unnecessary financial hardship;
 12             (ii)  The motor vehicle is a 1964 or older model year vehicle;
 13             (iii) The  motor  vehicle is powered by other than gasoline or diesel
 14             fuel;
 15             (iv)  The motor vehicle is in its first three (3) years of  operation
 16             and is covered by the manufacturer's warranty;
 17             (v)   The  motor  vehicle  has a maximum vehicle gross weight of less
 18             than one thousand five hundred (1,500) pounds; or
 19             (vi)  The motor vehicle is registered as a motor home, an  Idaho  old
 20             timer or classic vehicle.
 21        (5)  The  board  of  county commissioners of each county in which an emis-
 22    sions inspection and maintenance program for motor vehicles is required  under
 23    this  section,  and the councils of incorporated cities within those counties,
 24    may enter into a joint exercise of powers  agreement  under  sections  67-2326
 25    through  67-2333,  Idaho  Code, to develop a standardized emissions inspection
 26    and maintenance program.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13801C1


     This legislation will amend Idaho Code to provide for motor
vehicle emissions control programs in densely populated counties
where vehicle emissions exceed or threaten to exceed air quality
standards. It establishes minimum standards for automobile
emissions testing programs, but leaves most details under local
control, with the purpose of avoiding federal intervention, which
could have serious negative economic effects on automobile
owners, industry and agriculture. 


                          FISCAL IMPACT

     There is no fiscal impact on the general fund.


Contact
Name: Rep. Langhorst
Rep. Snodgrass 
Phone: 208 332 1000




STATEMENT OF PURPOSE/FISCAL NOTE                       H 714