HB2329 - 551R - I Ver

 

 

 

REFERENCE TITLE: air quality; omnibus

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

HB 2329

 

Introduced by

Representative Toma

 

 

AN ACT

 

repealing section 49-474.04, Arizona Revised Statutes; amending section 49-542, Arizona Revised Statutes; amending section 49-542, Arizona Revised Statutes, as AMENDED by this act; amending sections 49   542.03, 49-544, 49   551 and 49-553, Arizona Revised Statutes; providing for transferring and renumbering; amending section 49-558.02, Arizona Revised Statutes, as transferred and renumbered; relating to air quality.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section  1.    Repeal

Section 49-474.04, Arizona Revised Statutes, is repealed.

Sec.  2.    Section 49-542, Arizona Revised Statutes, is amended to read:

START_STATUTE49-542.    Emissions inspection program; powers and duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definition

A.    The director shall administer a comprehensive annual or biennial emissions inspection program that shall require the inspection of vehicles in this state pursuant to this article and applicable administrative rules.   Such inspection is required for vehicles that are registered in area A and area B, for those vehicles owned by a person who is subject to section 15   1444 or 15   1627 and for those vehicles registered outside of area A or area B but used to commute to the driver's principal place of employment located within area A or area B.   Inspection in other counties of the state shall commence on the director's approval of an application by a county board of supervisors for participation in such inspection program.    In all counties with a population of three hundred fifty thousand or fewer persons, except for the portion of counties that contain any portion of area A, the director shall as conditions dictate provide for testing to determine the effect of vehicle-related pollution on ambient air quality in all communities with a metropolitan area population of twenty thousand persons or more.   If such testing detects the violation of state ambient air quality standards by vehicle-related pollution, the director shall forward a full report of such violation to the president of the senate, the speaker of the house of representatives and the governor.

B.    The state's annual or biennial emissions inspection program shall provide for vehicle inspections at official emissions inspection stations or at fleet emissions inspection stations or may provide for remote vehicle inspection.   Each official inspection station in area A shall employ at least one technical assistant who is available during the station's hours of operation to provide assistance for persons who fail the emissions test.    An official or fleet emissions inspection station permit shall not be sold, assigned, transferred, conveyed or removed to another location except on such terms and conditions as the director may prescribe.   The director shall establish a pilot program to provide for remote vehicle inspections in area A and area B.    The director shall operate the pilot program for at least three consecutive years and shall complete the pilot program before July 1, 2025.   On completion of the pilot program, the director shall submit to the joint legislative budget committee and the office of the governor a report summarizing the results of the pilot program.   The director shall submit the report before the department implements any full scale remote vehicle inspection program and shall include in the report a summary of the data collected during the pilot program and a certification by the director that, based on the data collected during the pilot program, a full scale implementation of a remote vehicle inspection program will increase the efficiency and reduce the costs of the vehicle emissions inspection program.

C.    Vehicles required to be inspected and registered in this state, except those provided for in section 49   546, shall be inspected, for the purpose of complying with the registration requirement pursuant to subsection D of this section, in accordance with the provisions of this article no not more than ninety days before each registration expiration date.    A vehicle may be submitted voluntarily for inspection more than ninety days before the registration expiration date on payment of the prescribed inspection fee.   That voluntary inspection may be considered as compliance with the registration requirement pursuant to subsection D of this section only on conditions prescribed by the director.

D.    A vehicle shall not be registered until such vehicle has passed the emissions inspection and the tampering inspection prescribed in subsection G of this section or has been issued a certificate of waiver.   A certificate of waiver shall only be issued one time to a vehicle after January 1, 1997.    If any vehicle to be registered is being sold by a dealer licensed to sell motor vehicles pursuant to title 28, the cost of any inspection and any repairs necessary to pass the inspection shall be borne by the dealer.   A dealer who is licensed to sell motor vehicles pursuant to title 28 and whose place of business is located in area A or area B shall not deliver any vehicle to the retail purchaser until the vehicle passes any inspection required by this article or the vehicle is exempt under subsection J of this section.

E.    On the registration of a vehicle that has complied with the minimum emissions standards pursuant to this section or is otherwise exempt under this section, the registering officer shall issue an air quality compliance sticker to the registered owner that shall be placed on the vehicle as prescribed by rule adopted by the department of transportation or issue a modified year validating tab as prescribed by rule adopted by the department of transportation.    Those persons who reside outside of area A or area B but who elect to test their vehicle or are required to test their vehicle pursuant to this section and who comply with the minimum emissions standards pursuant to this section or are otherwise exempt under this section shall remit a compliance form, as prescribed by the department of transportation, and proof of compliance issued at an official emissions inspection station to the department of transportation along with the appropriate fees.    The department of transportation shall then issue the person an air quality compliance sticker that shall be placed on the vehicle as prescribed by rule adopted by the department of transportation.    The registering officer or the department of transportation shall collect an air quality compliance fee of $.25.    The registering officer or the department of transportation shall deposit, pursuant to sections 35   146 and 35   147, the air quality compliance fee in the state highway fund established by section 28   6991.    The department of transportation shall deposit, pursuant to sections 35   146 and 35   147, any emissions inspection fee in the emissions inspection fund.    The provisions of this subsection do not apply to those vehicles registered pursuant to title 28, chapter 7, article 7 or 8, the sale of vehicles between motor vehicle dealers or vehicles leased to a person residing outside of area A or area B by a leasing company whose place of business is in area A or area B.

F.    The director shall adopt minimum emissions standards pursuant to section 49   447 with which the various classes of vehicles shall be required to comply as follows:

1.    For the purpose of determining compliance with minimum emissions standards in area B:

(a)    A motor vehicle manufactured in or before the 1980 model year, other than a diesel powered vehicle, shall be required to take and pass the curb idle test.    A diesel powered vehicle is subject to only a loaded test.    The conditioning mode, at the option of the vehicle owner or owner's agent, shall be administered only after the vehicle has failed the curb idle test.    On completion of such conditioning mode, a vehicle that has failed the curb idle test may be retested in the curb idle test.    If the vehicle passes such retest, it is deemed in compliance with minimum emissions standards unless the vehicle fails the tampering inspection pursuant to subsection G of this section.

(b)    A motor vehicle manufactured in or after the 1981 model year, other than a diesel powered vehicle, shall be required to take and pass the curb idle test and the loaded test or an onboard diagnostic check as may be required pursuant to title II of the clean air act.

2.    For the purposes of determining compliance with minimum emissions standards and functional tests in area A:

(a)    Motor vehicles manufactured in or after model year 1981 with a gross vehicle weight rating of eighty   five hundred pounds or less, other than diesel powered vehicles, shall be required to take and pass a transient loaded emissions test or an onboard diagnostic check as may be required pursuant to title II of the clean air act.

(b)    Motor vehicles other than those prescribed by subdivision (a) of this paragraph and other than diesel powered vehicles shall be required to take and pass a steady state loaded test and a curb idle emissions test.

(c)    A diesel powered motor vehicle applying for registration in area A shall be required to take and pass an annual emissions test conducted at an official emissions inspection station or a fleet emissions inspection station as follows:

(i)    A loaded, transient or any other form of test as provided for in rules adopted by the director for vehicles with a gross vehicle weight rating of eight thousand five hundred pounds or less.

(ii)    A test that conforms with the society for automotive engineers standard J1667 for vehicles with a gross vehicle weight rating of more than eight thousand five hundred pounds.

(d)    Motor vehicles by specific class or model year shall be required to take and pass any of the following tests:

(i)    An evaporative system purge test.

(ii)    An evaporative system integrity test.

(e)    An onboard diagnostic check may be required pursuant to title II of the clean air act.

3.    Any constant four-wheel drive vehicle shall be required to take and pass a curb idle emissions test or an onboard diagnostic check as required pursuant to title II of the clean air act.

4.    Fleet operators in area B must comply with this section, except that used vehicles sold by a motor vehicle dealer who is a fleet operator and who has been issued a permit under section 49   546 shall be tested as follows:

(a)    A motor vehicle manufactured in or before the 1980 model year shall take and pass only the curb idle test, except that a diesel powered vehicle is subject to only a loaded test.

(b)    A motor vehicle manufactured in or after the 1981 model year shall take and pass the curb idle test and a twenty   five hundred revolutions per minute unloaded test.

5.    Vehicles owned or operated by the United States, this state or a political subdivision of this state shall comply with this subsection without regard to whether those vehicles are required to be registered in this state, except that alternative fuel vehicles of a school district that is located in area A shall be required to take and pass the curb idle test and the loaded test.

6.    Fleet operators in area A shall comply with this section, except that used vehicles sold by a motor vehicle dealer who is a fleet operator and who has been issued a permit pursuant to section 49   546 for the purposes of determining compliance with minimum emission standards in area A shall be tested as follows:

(a)    A motor vehicle manufactured in or before the 1980 model year shall take and pass the curb idle test, except that a diesel powered vehicle is subject to only a loaded test.

(b)    A motor vehicle manufactured in or after the 1981 model year shall take and pass the curb idle test and a two thousand five hundred revolutions per minute unloaded test.

7.    Except for any registered owner or lessee of a fleet of less than twenty   five vehicles, a diesel powered motor vehicle with a gross vehicle weight of more than twenty   six thousand pounds and for which gross weight fees are paid pursuant to title 28, chapter 15, article 2 in area A shall not be allowed to operate in area A unless it was manufactured in or after the 1988 model year or is powered by an engine that is certified to meet or surpass emissions standards contained in 40 Code of Federal Regulations section 86.088   11 in effect on July 1, 1995.    This paragraph does not apply to vehicles that are registered pursuant to title 28, chapter 7, article 7 or  8.

8.    For any registered owner or lessee of a fleet of less than twenty   five vehicles, a diesel powered motor vehicle with a gross vehicle weight of more than twenty   six thousand pounds and for which gross weight fees are paid pursuant to title 28, chapter 15, article 2 in area A shall not be allowed to operate in area A unless it was manufactured in or after the 1988 model year or is powered by an engine that is certified to meet or surpass emissions standards contained in 40 Code of Federal Regulations section 86.088   11 in effect on July 1, 1995.    This paragraph does not apply to vehicles that are registered pursuant to title 28, chapter 7, article 7 or 8.

G.    In addition to an emissions inspection, a vehicle is subject to a tampering inspection as prescribed by rules adopted by the director if the vehicle was manufactured after the 1974 model year.

H.    Vehicles required to be inspected shall undergo a functional test of the gas cap to determine if the cap holds pressure within limits prescribed by the director, except for any vehicle that is subject to an evaporative system integrity test.

I.    Motor vehicles failing the initial or subsequent test are not subject to a penalty fee for late registration renewal if the original testing was accomplished before the expiration date and if the registration renewal is received by the motor vehicle division or the county assessor within thirty days after the original test.

J.    The director may adopt rules for purposes of implementation, administration, regulation and enforcement of the provisions of this article including:

1.    The submission of records relating to the emissions inspection of vehicles inspected by another jurisdiction in accordance with another inspection law and the acceptance of such inspection for compliance with the provisions of this article.

2.    The exemption from inspection of:

(a)    Except as otherwise provided in this subdivision, a motor vehicle manufactured in or before the 1966 model year.    If the United States environmental protection agency issues a vehicle emissions testing exemption for motor vehicles manufactured in or before the 1974 model year for purposes of the state implementation or