Print Friendly HOUSE BILL NO. 714 – MV, inspection, emissions
HOUSE BILL NO. 714
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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
]]]] 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
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;
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
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
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.
There is no fiscal impact on the general fund.
Name: Rep. Langhorst
Phone: 208 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE H 714