HOUSE BILL NO. 586
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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