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H0482.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY AIR QUALITY - Adds to existing law relating to air quality to provide for vehicle inspection and maintenance programs. 02/07 House intro - 1st rdg - to printing 02/08 Rpt prt - to Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 482 BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE 1 AN ACT 2 RELATING TO AIR QUALITY; AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 39-116B, IDAHO CODE, TO PROVIDE FOR VEHICLE 4 INSPECTION AND MAINTENANCE PROGRAMS, TO PROVIDE FOR REGISTRATION REVOCA- 5 TION OF CERTAIN MOTOR VEHICLES BY THE IDAHO TRANSPORTATION DEPARTMENT, TO 6 PROVIDE FOR PERIODIC REVIEW OF AIR QUALITY DATA BY THE DEPARTMENT OF ENVI- 7 RONMENTAL QUALITY AND TO CLARIFY APPLICABILITY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 1, Title 39, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 39-116B, Idaho Code, and to read as follows: 12 39-116B. VEHICLE INSPECTION AND MAINTENANCE PROGRAMS. (1) The board shall 13 initiate rulemaking to provide for the implementation of a motor vehicle 14 inspection and maintenance program to regulate and ensure control of the air 15 pollutants and emissions from motor vehicles if the director determines the 16 following conditions are met: 17 (a) An airshed, as defined by the department, within a metropolitan sta- 18 tistical area, as defined by the United States office of management and 19 budget, has ambient concentration design values equal to or above eighty- 20 five percent (85%) of a national ambient air quality standard for three 21 (3) consecutive years starting with the 2005 design value; and 22 (b) The department determines air pollutants from motor vehicles consti- 23 tute one (1) of the top two (2) emission sources contributing to the 24 design value of eighty-five percent (85%). 25 (2) The board shall establish by rule minimum standards for the motor 26 vehicle inspection and maintenance program established under this section, 27 which shall provide for: 28 (a) Counties and cities within the airshed that will be subject to the 29 motor vehicle inspection and maintenance program; 30 (b) The requirements for licensing authorized inspection stations and 31 technicians; 32 (c) The frequency with which inspections shall be required, provided that 33 inspections shall occur every two (2) years at a minimum; 34 (d) The procedures under which authorized inspection stations and techni- 35 cians inspect motor vehicles and issue evidence of compliance; 36 (e) The criteria under which it is to be determined that a motor vehicle 37 is eligible for a certificate of compliance; 38 (f) The parameters and diagnostic equipment necessary to perform the 39 required inspection. The rules shall ensure that the equipment complies 40 with any applicable standards of the United States environmental protec- 41 tion agency; 42 (g) Any fee, bond or insurance which is necessary to carry out the provi- 43 sions of this section and to fund an air quality public awareness and 2 1 outreach program; 2 (h) The issuance of a pamphlet for distribution to owners of motor vehi- 3 cles explaining the reasons for and the methods of the inspections; and 4 (i) The granting of a waiver from the minimum standards as provided by 5 rule, which may be based on model year, fuel, size, or other factors. 6 (3) The director shall attempt to enter into a joint exercise of powers 7 agreement under sections 67-2326 through 67-2333, Idaho Code, with the board 8 of county commissioners of each county in which a motor vehicle inspection and 9 maintenance program is required under this section, and the councils of incor- 10 porated cities within those counties, to develop a standardized inspection and 11 maintenance program. If the board of county commissioners or the councils of 12 incorporated cities within those counties fail to enter into a joint exercise 13 of powers agreement with the director within one hundred twenty (120) days of 14 the director's written request to enter into a joint exercise of powers agree- 15 ment, the department or its designee shall implement the motor vehicle inspec- 16 tion and maintenance program required pursuant to the provisions of this sec- 17 tion. 18 (4) The Idaho transportation department shall revoke the registration of 19 any motor vehicle identified by the department or its designee, or any city or 20 county administering a program established under the provisions of this sec- 21 tion as having failed to comply with such motor vehicle inspection and mainte- 22 nance program, except that no vehicle shall be identified to the Idaho trans- 23 portation department unless: 24 (a) The department or its designee, or the city or county certifies to 25 the Idaho transportation department that the owner of the motor vehicle 26 has been given notice and had the opportunity for a hearing concerning the 27 program and has exhausted all remedies and appeals from any determination 28 made at such hearing; and 29 (b) The department reimburses the Idaho transportation department for all 30 direct costs associated with the registration revocation procedure. 31 (5) Every five (5) years beginning with the implementation of the pro- 32 gram, the department shall review the air quality data and determine whether a 33 program initially established pursuant to the provisions of this section 34 should be continued, modified or terminated. 35 (6) Electric or hybrid motor vehicles shall be exempt from any motor 36 vehicle inspection and maintenance program established pursuant to the provi- 37 sions of this section. 38 (7) Nothing in this section shall prohibit a county or city from estab- 39 lishing a motor vehicle inspection and maintenance program that is more strin- 40 gent than the program provided for in this section. 41 (8) Nothing in this section shall affect how the department addresses 42 nonattainment area motor vehicle inspection and maintenance programs.
STATEMENT OF PURPOSE
RS 17838C1
This legislation provides authority to the Department of
Environmental Quality to establish a vehicle emission testing and
maintenance program to control air pollution emissions from
vehicles in air sheds that are approaching non-attainment with
applicable air quality standards and rules.
FISCAL NOTE
None to the general fund. The costs of any such program will be
paid from fees collected from the auto emission testing program.
Contact
Name: Representative Snodgrass
Senator Langhorst
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 482