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H0586.....................................................by WAYS AND MEANS MOTOR VEHICLES - AIR QUALITY - Adds to existing law relating to air quality to provide for a vehicle inspection and maintenance program; to provide for alternative motor vehicle emission control strategies; to provide for registration revocation of certain motor vehicles by the Idaho Transportation Department; and to provide for periodic review of certain information. 02/29 House intro - 1st rdg - to printing 03/03 Rpt prt - to Env 03/05 Rpt out - rec d/p - to 2nd rdg 03/06 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 42-26-2 AYES -- Anderson, Bedke, Bell, Black, Block, Bock, Boe, Brackett, Bradford, Chavez, Chew, Durst, Eskridge, Hagedorn, Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour, Mathews, Moyle, Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Vander Woude, Wills NAYS -- Andrus, Barrett, Bayer, Bilbao, Bolz, Bowers, Chadderdon, Clark, Collins, Crane, Hart, Harwood, Kren, Loertscher, Marriott, Mortimer, Nielsen, Patrick, Schaefer, Shepherd(02), Shepherd(08), Thayn, Thomas, Wood(27), Wood(35), Mr. Speaker Absent and excused -- Luker, McGeachin Floor Sponsor - Snodgrass Title apvd - to Senate 03/10 Senate intro - 1st rdg - to Res/Env 03/17 Rpt out - rec d/p - to 2nd rdg 03/18 2nd rdg - to 3rd rdg 03/24 3rd rdg - PASSED - 20-15-0 AYES -- Andreason, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Gannon (Gannon), Hill, Kelly, Langhorst, Little, Malepeai(Sagness), Schroeder, Stegner, Stennett, Werk NAYS -- Bair, Fulcher, Geddes, Goedde, Hammond, Heinrich, Jorgenson, Keough, Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Siddoway Absent and excused -- None Floor Sponsor - Langhorst Title apvd - to House 03/25 To enrol - Rpt enrol - Sp/Pres signed 03/26 To Governor 04/01 Governor signed Session Law Chapter 368 Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 586 BY WAYS AND MEANS 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 A VEHICLE 4 INSPECTION AND MAINTENANCE PROGRAM, TO PROVIDE FOR ALTERNATIVE MOTOR VEHI- 5 CLE EMISSION CONTROL STRATEGIES, TO PROVIDE FOR REGISTRATION REVOCATION OF 6 CERTAIN MOTOR VEHICLES BY THE IDAHO TRANSPORTATION DEPARTMENT, TO PROVIDE 7 FOR PERIODIC REVIEW OF CERTAIN INFORMATION 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 PROGRAM. (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 registered motor vehicles in an attainment or 16 unclassified area as designated by the United States environmental protection 17 agency, not otherwise exempted in subsection (7) of this section, if the 18 director determines the following conditions are met: 19 (a) An airshed, as defined by the department, within a metropolitan sta- 20 tistical area, as defined by the United States office of management and 21 budget, has ambient concentration design values equal to or above eighty- 22 five percent (85%) of a national ambient air quality standard, as defined 23 by the United States environmental protection agency, for three (3) con- 24 secutive years starting with the 2005 design value; and 25 (b) The department determines air pollutants from motor vehicles consti- 26 tute one (1) of the top two (2) emission sources contributing to the 27 design value of eighty-five percent (85%). 28 (2) In the event both of the conditions in subsection (1) of this section 29 are met, the board shall establish by rule minimum standards for an inspection 30 and maintenance program for registered motor vehicles, not otherwise exempted 31 in subsection (7) of this section, which shall provide for: 32 (a) Counties and cities within the airshed that will be subject to the 33 motor vehicle inspection and maintenance program; 34 (b) The requirements for licensing authorized inspection stations and 35 technicians; 36 (c) The frequency with which inspections shall be required, provided that 37 inspections shall occur no more than once every two (2) years; 38 (d) The procedures under which authorized inspection stations and techni- 39 cians inspect motor vehicles and issue evidence of compliance; 40 (e) The criteria under which it is to be determined that a motor vehicle 41 is eligible for a certificate of compliance; 42 (f) The parameters and diagnostic equipment necessary to perform the 43 required inspection. The rules shall ensure that the equipment complies 2 1 with any applicable standards of the United States environmental protec- 2 tion agency; 3 (g) A fee, bond or insurance which is necessary to carry out the provi- 4 sions of this section and to fund an air quality public awareness and 5 outreach program. The fee for a motor vehicle inspection shall not exceed 6 twenty dollars ($20.00) per vehicle; 7 (h) The issuance of a pamphlet for distribution to owners of motor vehi- 8 cles explaining the reasons for and the methods of the inspections; and 9 (i) The granting of a waiver from the minimum standards as provided by 10 rule, which may be based on model year, fuel, size, or other factors. 11 (3) In the event both of the conditions in subsection (1) of this section 12 are met, the director shall attempt to enter into a joint exercise of powers 13 agreement under sections 67-2326 through 67-2333, Idaho Code, with the board 14 of county commissioners of each county within the airshed in which a motor 15 vehicle inspection and maintenance program is required under this section, and 16 the councils of incorporated cities within those counties, to develop a stan- 17 dardized inspection and maintenance program. If the board of county commis- 18 sioners or the councils of incorporated cities within those counties choose 19 not to enter into a joint exercise of powers agreement with the director, then 20 within one hundred twenty (120) days of the director's written request to 21 enter into such an agreement, the board of county commissioners or the coun- 22 cils of incorporated cities may notify the department that it will implement 23 an alternative motor vehicle emission control strategy that will result in 24 emissions reductions equivalent to that of a vehicle emission inspection pro- 25 gram. If the department determines the emissions reductions of the alternative 26 motor vehicle emission control strategy are not equivalent, or no equivalent 27 reductions are proposed, the department or its designee shall implement the 28 motor vehicle inspection and maintenance program required pursuant to the pro- 29 visions of this section. 30 (4) The Idaho transportation department shall revoke the registration of 31 any motor vehicle identified by the department or its designee, or any city or 32 county administering a program established under the provisions of this sec- 33 tion as having failed to comply with such motor vehicle inspection and mainte- 34 nance program, except that no vehicle shall be identified to the Idaho trans- 35 portation department unless: 36 (a) The department or its designee, or the city or county certifies to 37 the Idaho transportation department that the owner of the motor vehicle 38 has been given notice and had the opportunity for a hearing concerning the 39 program and has exhausted all remedies and appeals from any determination 40 made at such hearing; and 41 (b) The department or its designee, or the city or county reimburses the 42 Idaho transportation department for all direct costs associated with the 43 registration revocation procedure. 44 (5) The department shall annually review the results of the vehicle 45 inspection and maintenance program. The review shall include, among other 46 things, an estimate of the emission reduction obtained from the number of 47 vehicles that initially fail the test and then pass after maintenance. 48 (6) Every five (5) years beginning with the implementation of the pro- 49 gram, the director shall review the air quality data and determine whether a 50 program initially established pursuant to the provisions of this section 51 should be continued, modified or terminated. 52 (7) Electric or hybrid motor vehicles, new motor vehicles less than five 53 (5) years old, classic automobiles, motorized farm equipment and registered 54 motor vehicles engaged solely in the business of agriculture, shall be exempt 55 from any motor vehicle inspection and maintenance program established pursuant 3 1 to the provisions of this section.
STATEMENT OF PURPOSE RS 18043C1 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 Mark Snodgrass Senator David Langhorst Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 586