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1 H.73
2 Introduced by Representatives Higley of Lowell, Branagan of Georgia,
3 Clifford of Rutland City, Demar of Enosburgh, Donahue of
4 Northfield, Galfetti of Barre Town, McFaun of Barre Town,
5 Morgan, M. of Milton, Oliver of Sheldon, Page of Newport
6 City, Parsons of Newbury, Peterson of Clarendon, Williams of
7 Granby, and Wilson of Lyndon
8 Referred to Committee on
9 Date:
10 Subject: Conservation and development; air pollution; motor vehicles;
11 emissions
12 Statement of purpose of bill as introduced: This bill proposes to prohibit
13 Vermont from using California’s Clean Air Act waiver to set motor vehicle
14 emission standards.
15 An act relating to revoking Vermont’s use of California’s Clean Air Act
16 waiver
17 It is hereby enacted by the General Assembly of the State of Vermont:
18 Sec. 1. 10 V.S.A. § 567 is amended to read:
19 § 567. MOTOR VEHICLE POLLUTION
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1 (a) The Secretary, in conjunction with the Department of Motor Vehicles,
2 may provide rules for the control of emissions from motor vehicles. However,
3 the Secretary shall not adopt the California rules for new motor vehicles
4 authorized in the Clean Air Act, 42 U.S.C. § 7507. Such The rules may
5 prescribe requirements for the installation and use of equipment designed to
6 reduce or eliminate emissions and for the proper maintenance of the equipment
7 and the vehicles. Rules pursuant to this section shall be consistent with
8 provisions of federal law, if any, relating to control of emissions from the
9 vehicles concerned and shall not require, as a condition precedent to the initial
10 sale of a vehicle or vehicular equipment, the inspection, certification, or other
11 approval of any feature or equipment designed for the control of emissions
12 from motor vehicles, if the feature or equipment has been certified, approved,
13 or otherwise authorized pursuant to federal law.
14 ***
15 Sec. 2. 10 V.S.A. § 558 is amended to read:
16 § 558. EMISSION CONTROL REQUIREMENTS
17 The Secretary may establish such emission control requirements, by rule, as
18 in his or her the Secretary’s judgment may be necessary to prevent, abate, or
19 control air pollution. The requirements may be for the State as a whole or may
20 vary from area to area, as may be appropriate to facilitate accomplishment of
21 the purposes of this chapter, and in order to take necessary or desirable account VT LEG #365452 v.1
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1 of varying local conditions. However, the Secretary shall not adopt the
2 California rules for new motor vehicles authorized in the Clean Air Act, 42
3 U.S.C. § 7507.
4 Sec. 3. 10 V.S.A. § 592 is amended to read:
5 § 592. THE VERMONT CLIMATE ACTION PLAN
6 ***
7 (e) The Plan shall form the basis for the rules adopted by the Secretary of
8 Natural Resources pursuant to section 593 of this chapter. If the Council fails
9 to adopt the Plan or update the Plan as required by this chapter, the Secretary
10 shall proceed with adopting and implementing rules pursuant to subsection
11 593(j) of this chapter to achieve the greenhouse gas emissions reductions
12 requirements pursuant to section 578 of this title. However, in neither instance
13 shall the Secretary adopt the California rules for new motor vehicles authorized
14 in the Clean Air Act, 42 U.S.C. § 7507.
15 Sec. 4. RULE REPEAL
16 The Vermont Low Emission Vehicle and Zero Emission Vehicle Rules,
17 Department of Environmental Conservation, Chapter 40: Vermont Low
18 Emission Vehicle and Zero Emission Vehicle Rules (CVR 12-30-40) are
19 repealed.
20 Sec. 5. EFFECTIVE DATE
21 This act shall take effect on July 1, 2023.
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Statutes affected:
As Introduced: 10-567, 10-558, 10-592