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2012 SESSION
12101409DBe it enacted by the General Assembly of Virginia:
1. That §§ 46.2-1176, 46.2-1178, 46.2-1178.1, and 46.2-1182 of the Code of Virginia are amended and reenacted as follows:
§ 46.2-1176. Definitions.
The following words and phrases when used in this article shall have the following meanings except where the context clearly indicates a different meaning:
"Basic, test and repair program" means a motor
vehicle emissions inspection system established by regulations of the Board
which shall designate the use of a BAR-90, designed so it may be upgraded in
the future to an ASM 50-15 (acceleration simulation mode or method), as the only authorized testing equipment. Only
those or other comparable
equipment and devices, computer software programs, and emissions testing
procedures necessary to comply with the applicable provisions of Title I of the
federal Clean Air Act shall be included. Such
testing equipment shall be approvable for motor vehicle manufacturers' warranty
repairs.
"Board" means the State Air Pollution Control Board.
"Certificate of emissions inspection" means a document, device, or symbol, prescribed by the Director and issued pursuant to this article, which indicates that (i) a motor vehicle has satisfactorily complied with the emissions standards and passed the emissions inspection provided for in this article; (ii) the requirement of compliance with such emissions standards has been waived; or (iii) the motor vehicle has failed such emissions inspection.
"Director" means the Director of the Department of Environmental Quality.
"Emissions inspection station" means any facility or portion of a facility that has obtained an emissions inspection station permit from the Director authorizing the facility to perform emissions inspections in accordance with this article.
"Enhanced emissions inspection program" means a
motor vehicle emissions inspection system established by regulations of the
Board that shall designate the use of the ASM 50-15 (acceleration simulation
mode or method) as the only authorized
testing equipment. Only those or other comparable equipment and devices, computer
software programs,
and emissions testing procedures necessary to comply with applicable provisions
of Title I of the federal Clean
Air Act shall be included. Such
testing equipment shall be approvable for motor vehicle manufacturers' warranty
repairs.
"Fleet emissions inspection station" means any inspection facility operated under a permit issued to a qualified fleet owner or lessee as determined by the Director.
"Motor vehicle" means any vehicle that:
1. Is designed for the transportation of persons or property; and
2. Is powered by an internal combustion engine.
"On-road clean screen program" means a program that allows a motor vehicle owner to voluntarily certify compliance with emissions standards by means of on-road remote sensing.
"On-road emissions inspector" means the entity or entities authorized by the Department of Environmental Quality to perform on-road testing, including on-road testing in accordance with the clean screen program.
"On-road testing" means tests of motor vehicle emissions or emissions control devices by means of roadside pullovers or remote sensing devices.
"Qualified hybrid motor vehicle" means a motor vehicle that (i) meets or exceeds all applicable regulatory requirements, (ii) meets or exceeds the applicable federal motor vehicle emissions standards for gasoline-powered passenger cars, and (iii) can draw propulsion energy both from gasoline or diesel fuel and a rechargeable energy storage system.
"Referee station" means an inspection facility operated or used by the Department of Environmental Quality (i) to determine program effectiveness, (ii) to resolve emissions inspection conflicts between motor vehicle owners and emissions inspection stations, and (iii) to provide such other technical support and information, as appropriate, to emissions inspection stations and vehicle owners.
"Remote sensing" means the measurement of motor vehicle emissions through electronic or light-sensing equipment from a remote location such as the roadside. Remote sensing equipment may include devices to detect and record the vehicle's registration or other identification numbers.
"Test and repair" means motor vehicle emissions inspection facilities that perform official motor vehicle emissions inspections and may also perform vehicle repairs. No regulation of the Board pertaining to test and repair shall bar inspection facilities from also performing vehicle repairs.
§ 46.2-1178. Administration and scope of emissions inspection program.
A. Except as otherwise provided in this section, the emissions
inspection program provided for in this article shall apply to motor vehicles
having actual gross weights of 8,500 pounds or less that are registered in the
Counties of Arlington, Fairfax, and Prince William, and the Cities of
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park. The provisions
of this subsection shall expire when the provisions of subsection C of this section become
effective.
B. An emissions inspection program as required by regulations
adopted by the Board under this article shall apply to motor vehicles that have
actual gross weights of 8,500 pounds or less and are registered or operated
primarily, as defined by the Board in accordance with the provisions of the
Administrative Process Act (§ 2.2-4000 et seq.), in the Counties of
Chesterfield, Hanover, and Henrico and the Cities of Colonial Heights,
Hopewell, and Richmond. Such emissions inspection program shall be a basic,
test and repair program with the greatest number of inspection facilities
consistent with the consumer protection and fee provisions herein in this section
as consistent with the federal Clean
Air Act.
The provisions of this subsection shall apply but not necessarily
be limited to (i) motor vehicles owned by governmental entities, (ii) motor
vehicles owned by military personnel residing in those localities, (iii) motor
vehicles owned by leasing or rental companies, and (iv) motor vehicles owned or
leased by employees of the federal government and operated on a federal
installation. The provisions of this subsection shall become effective July 1,
1995. The Board may promulgate regulations to implement the provisions of this
article, but such regulations shall not require inspections in the localities
mentioned in this subsection prior to the later of:
(i) (a)
July 1, 1996;, or (ii) (b)
the date on which the Federal U.S. Environmental Protection
Agency, pursuant to the federal Clean
Air Act, formally and in writing approves this program for such localities or
on such later date as may be provided by regulations of the Board.
B1. The emissions inspection program provided for in this article shall not apply to any qualified hybrid motor vehicle if such vehicle obtains a rating from the U.S. Environmental Protection Agency of at least 50 miles per gallon during city fuel economy tests unless remote sensing devices indicate the hybrid vehicle may not meet current emissions standards. The Board shall adopt such regulations as may be required to implement this exemption.
C. The emissions inspection program provided for in this
subsection shall be a test and repair enhanced emissions inspection program with
the greatest number of inspection facilities consistent with the consumer
protection and fee provisions herein and may shall
include on-road testing, and remote sensing devices, and an on-road clean screen program.
Any enhanced emissions inspection program provided for in this article shall
apply to motor vehicles that have actual gross weights of 10,000 pounds or less
that were actually manufactured or designated by the manufacturer as a model
manufactured in a calendar year less than 25 calendar years prior to January 1
of the present calendar year and are registered or operated primarily, as
defined by the Board in accordance with the provisions of the Administrative
Process Act (§ 2.2-4000 et seq.) in the Counties of Arlington, Fairfax,
Loudoun, Prince William, and Stafford and the Cities of Alexandria, Fairfax,
Falls Church, Manassas, and Manassas Park. An
on-road clean screen program shall be limited to no more than 30 percent of the
motor vehicles described in
this subsection and shall not be considered an emissions inspection station or
facility.
The provisions of this subsection shall apply but not necessarily be limited to (i) motor vehicles owned by governmental entities, (ii) motor vehicles owned by military personnel residing in those localities, (iii) vehicles owned by leasing or rental companies, and (iv) motor vehicles owned or leased by employees of the federal government and operated on a federal installation.
The provisions of this subsection shall be effective January
1, 1996, or on such later date as may be provided by regulations of the Board.
However, the provisions of this subsection may become effective immediately
provided that (i) (a)
the federal U.S. Environmental Protection Agency, pursuant to the federal Clean Air Act, formally
and in writing approves the program for such localities, (ii) (b)
the Governor determines in writing that expedited promulgation of such
regulations is in the best interest of the Commonwealth, determining that such
shall constitute an "emergency situation" pursuant to § 2.2-4011, and (iii) (c)
the Governor authorizes the Board to promulgate the regulations as emergency
regulations in accordance with this section.
D. Any emissions inspection program regulations in effect at the time the 1995 amendments to this section become effective shall remain in effect until the Board promulgates new regulations or amends or repeals existing regulations in accordance with this section.
§ 46.2-1178.1. On-road testing of motor vehicle emissions; authority to adopt regulations; civil charges.
A. The enhanced emissions
inspection program authorized by § 46.2-1177 and provided for in § 46.2-1178
shall include on-road testing of motor vehicle emissions and an on-road clean screen program. The Board may shall
promulgate regulations establishing on-road testing and
on-road clean screen program requirements including, but
not limited to, collecting of data
and information necessary to comply or determine
compliance with the federal Clean
Air Act Amendments of 1990 applicable
laws and regulations, random testing of motor vehicle
emissions, procedures to notify owners of test results, and
assessment of civil charges for noncompliance with
emissions standards adopted by the Board, and standards for
operating the on-road clean screen program, including provisions for the
suspension or revocation of any on-road emission inspection program for failure
to act in accordance with the provisions of this article and regulations
adopted by the Board.
B. If an emissions test performed pursuant to this section indicates that a motor vehicle does not meet emissions standards established by the Board, the Board may collect from the owner of the vehicle a civil charge based on actual emissions. The Board shall establish a schedule of civil charges to be collected pursuant to this section. Such civil penalties shall not exceed $450 using 1990 as the base year and adjusted annually by the Consumer Price Index. The schedule of charges and their assessment shall be established by regulations promulgated to be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
C. Civil charges assessed pursuant to this section shall be
waived by the Board if, within thirty 30 calendar days of notice of the
violation, the vehicle's owner provides proof that the vehicle (i) since the
date of the violation, has passed a vehicle emissions test at an emissions inspection station as provided in §
46.2-1178, (ii) qualifies for an emissions inspection waiver as provided in §
46.2-1181, or (iii) has qualified for an emissions inspection waiver as
provided in § 46.2-1181 within the twelve 12 months prior to the
violation.
D. Civil charges collected pursuant to this section shall be paid into the state treasury and deposited by the State Treasurer into the Vehicle Emissions Inspection Program Fund pursuant to § 46.2-1182.2.
E. If the on-road testing clean screen program indicates
that a motor vehicle does not exceed emissions standards adopted by the Board
for on-road testing pursuant to § 46.2-1179, then
such testing may be considered proof of compliance for the
purposes of § 46.2-1183 and may be considered to satisfy the requirements of §
46.2-1177 for a biennial inspection. The Board shall establish criteria under
which such testing shall satisfy the requirements of § 46.2-1183.
§ 46.2-1182. Emissions inspection fees; exemption.
Emissions inspection stations performing emissions inspections under subsection A of § 46.2-1178 may charge $11.40 for each emissions inspection, but such charge shall not be mandatory. Any such fee shall be paid to the emissions inspection station.
Each emissions inspection station performing emissions
inspections under subsection B of § 46.2-1178 may charge for each emissions
inspection an amount not to exceed $17.00 $17. Any such fee shall be
paid to and retained by the emissions inspection station.
Beginning at such date upon which the program becomes an
enhanced emissions program, each emissions inspection station performing
emissions inspections under subsection C of § 46.2-1178 may charge an amount
not to exceed $28.00 $28 for each emissions
inspection. Any such fee shall be paid to and retained by the emissions
inspection station.
Within fourteen 14
days of an initial failure of an emissions inspection, the vehicle's owner
shall be entitled to one free reinspection at the station that conducted the
original inspection.
Beginning January 1, 2013, the on-road emissions inspector performing emissions inspections under subsection C of § 46.2-1178 may charge each motor vehicle owner who elects to participate in the on-road clean screen program an amount not to exceed $28 for each emissions inspection. Any such fee shall be paid to the on-road emissions inspector. From each emissions inspection fee received by the on-road emissions inspector, $4.50 shall be appropriated to the Transportation Trust Fund as defined in § 33.1-23.03:1.
2. That the State Air Pollution Control Board adoption of regulations necessary to implement the provisions of this act shall be exempt from Article 2 (§ 2.2-4006 et. seq.) of Chapter 40 of Title 2.2 of the Code of Virginia except that the Department of Environmental Quality shall utilize a regulatory advisory panel to assist in the development of necessary regulations and shall provide an opportunity for public comment on all regulations. That the State Air Pollution Control Board shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment.
3. That the on-road emissions inspectors shall reimburse the Department of Environmental Quality and the Department of Motor Vehicles for all costs that the agencies incur as a result of the on-road clean screen program.
4. That the Department of Environmental Quality shall make its best efforts to obtain proposals from multiple vendors to operate the on-road clean screen program.
5. That the State Air Pollution Control Board may reduce the percentage of vehicles eligible to participate in the on-road clean screen program as is necessary to meet applicable air quality requirements under the federal Clean Air Act, 42 U.S.C. § 7401, et seq., as amended.
6. That the Department of Motor Vehicles shall confer with the Department of Environmental Quality to recommend and implement procedures to ensure that data in the Department of Motor Vehicles' vehicle registration records is accurate where that data is used to determine whether a vehicle is subject to emissions inspection requirements.