It is enacted by the General Assembly as follows

SECTION 1. Section 31-47.1-6 of the General Laws in Chapter 31-47.1 entitled "Motor Vehicle Emissions Inspection Program" is hereby repealed in its entirety.

{DEL31-47.1-6. Contract. -- DEL} {DEL (a) The department shall provide for motor vehicle emissions inspections, by contract, in accordance with this chapter and any rules and regulations promulgated hereunder.

(e) The contractor, including its officers and employees, shall not engage in the business of selling, maintaining, or repairing motor vehicles or selling motor vehicle replacement or repair parts, except the contractor may repair any motor vehicle owned or operated by the contractor. DEL}

SECTION 2. Sections 31-47.1-1, 31-47.1-2, 31-47.1-3, 31-47.1-5, 31-47.1-7, 31-47.1-8, 31-47.1-9 and 31-47.1-11 of the General Laws in Chapter 31-47.1 entitled "Motor Vehicle Emissions Inspection Program" are hereby amended to read as follows:

31-47.1-1. Legislative findings. -- The general assembly hereby finds and declares that:

(1) Air quality in Rhode Island does not meet the national and state ambient air quality standard for ozone;

(2) Poor air quality has an adverse effect on the health of all Rhode Island residents, particularly the elderly, the very young and those with respiratory ailments;

(3) Motor vehicle emissions account for a substantial amount of air pollution problems in the state;

(4) There is a dramatic need to reduce motor vehicle emissions in Rhode Island;

(5) The Clean Air Act Amendments of 1990 (42 U.S.C. sections 7401 -- 7671q) mandates that the states formulate and implement individual programs to systematically improve ambient air quality, including a program to reduce emissions through the inspection and maintenance of motor vehicles;

(6) Should Rhode Island fail to act timely to improve its ambient air quality pursuant to said Clean Air Act Amendments of 1990, notwithstanding the continued adverse effect air pollution will have on the environment and citizenry of the state, the United States department of transportation {DEL may DEL} {ADD will ADD} withhold highway funding until compliance is attained, the United States environmental protection agency {DEL may DEL} {ADD will ADD} withhold grants to support air pollution planning and control programs until compliance is attained, require new emissions be offset by emissions reductions at a ratio of two to one, and {DEL may DEL} {ADD will ADD} implement a motor vehicle emissions inspection program in the state. In addition, the citizens of the state of Rhode Island may seek injunctive relief under the provisions of the Clean Air Act (42 U.S.C. sections 7401 -- 7671q).

{ADD (7) The general assembly enacted legislation mandating a centralized system for motor vehicle emissions inspections and maintenance during the January 1993 session;

(10) Designing, promulgating and implementing a decentralized system for motor vehicle emissions inspection and maintenance will improve air quality, protect the health of Rhode Islanders, assure compliance with the federal clean air act and allow the removal of sanctions imposed on the state of Rhode Island. ADD}

31-47.1-2. Definitions. -- As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings:

(1) "Compliance certificate" means a written statement, instrument or device indicating that a motor vehicle complies with the standards and criteria for motor vehicle emissions inspection.

(2) "Department" means the department of administration.

(3) " {DEL Emissions inspection DEL} {ADD Authorized inspection and repair ADD} station{ADD s (AIRS) ADD} " means a facility {DEL for DEL} {ADD which has been authorized by the department to conduct ADD} motor vehicle emissions inspections {DEL . DEL} {ADD and reinspections. ADD}

(4) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved exclusively by human power and motorized wheelchairs.

(5) "Motor vehicle emissions inspection" means a test of the emissions of air contaminants from a motor vehicle and any visual and functional checks related to the emission of air contaminants from a motor vehicle conducted pursuant to this chapter.

(6) "Waiver certificate" means a written statement, instrument or device indicating the requirement of compliance with the standards and criteria for motor vehicle emissions inspection for a particular motor vehicle has been waived.

31-47.1-3. Inspection requirement. -- (a) Beginning no later than {DEL July 1, 1997 DEL} {ADD January 1, 1999 ADD} , each motor vehicle subject to the provisions of this chapter shall be subject to a motor vehicle emissions inspection, conducted {DEL biennially. DEL} {ADD no more frequently than annually. Different classes of motor vehicles or model years may be subject to different inspection frequencies. ADD}

(b) Motor vehicles subject to this chapter shall be determined by regulations, and shall include, but not necessarily be limited to: all {DEL 1968 DEL} {ADD 1975 ADD} and later model year light duty vehicles and light duty trucks up to and including eight thousand five hundred pounds (8,500 lbs.) gross vehicle weight rating.

(c) Any motor vehicle which is inspected and found not to comply with the standards and criteria for motor vehicle emissions inspections must, within thirty (30) days of the inspection, be reinspected and found to comply with the standards and criteria for motor vehicle emissions inspections, or have received a waiver certificate, or not be operated on the highways of the state.

(d) Any certificate issued under this chapter shall always be carried in an easily accessible place in or about the vehicle for which the certificate was issued.

31-47.1-5. Exemptions. -- The following motor vehicles shall be exempt from the requirements of this chapter:

(1) A motor vehicle manufactured before the model year {DEL 1968 DEL} {ADD 1975 ADD} .

(2) Any class of motor vehicles that is exempted by regulation of the department because the vehicle presents prohibitive inspection problems or is inappropriate for inspection.

(3) Motor vehicles operated exclusively by electric power.

{DEL (4) Motor vehicles which are principally operated in the Town of New Shoreham and whose registration lists the Town of New Shoreham as the residence of the owner. DEL}

(5) New motor vehicles until twelve (12) months after their initial registration.

(6) Motor vehicles that are in compliance with an enhanced motor vehicle inspection program operated by another jurisdiction may be exempt upon the owner providing a current written certification of compliance, if the inspection program in that jurisdiction is approved by the United States environmental protection agency.

31-47.1-7. Motor vehicle emissions programs. -- (a) The department and the department of environmental management shall establish programs for the purpose of inspecting motor vehicles {DEL in compliance with this chapter DEL} . It shall be the responsibility of the department to provide for the supervision of the operational aspects of emission inspection stations. It shall be the responsibility of the department of environmental management to provide for the environmental aspects of the motor vehicle emissions inspections. The programs, in total, shall be no less stringent than any performance standard for enhanced motor vehicle/{ADD inspection ADD} maintenance programs promulgated and/or offered as guidance by the U.S. Environmental Protection Agency and shall meet the requirements necessary for motor vehicles to qualify for the emission performance warranty provisions of the federal Clean Air Act (42 U.S.C. section 7401 -- 7671q). {ADD The department and the department of environmental management may contract with private entities to assist the state in the administration of motor vehicle inspection programs. ADD}

(b) The department shall {DEL promulgate DEL} {ADD draft ADD} rules and regulations for the issuance of certificates of compliance and certificates of waiver {DEL . DEL} {ADD and shall submit such draft rules and regulations to the governor and the general assembly no later than January 1, 1998. ADD}

(c) The department {DEL shall hold public hearings whose purpose shall be to take testimony and explore fully any and all alternate technologies to those enumerated in this act to provide the emissions testing program and goals required by the Environmental Protection Agency pursuant to the requirements of the 1990 amendments 42 U.S.C. section 7401 -- 7671 of the federal Clean Air Act. Upon completion of these hearings the DEM shall provide a written report specifying all aspects of why the department has chosen the system it determines appropriate to meet the requirements as set forth in the federal Clean Air Act. The department DEL} shall {DEL promulgate DEL} {ADD draft ADD} rules and regulations specifying the vehicles subject to the motor vehicle emissions inspection requirement. {ADD The department shall conduct public hearings on such draft rules and regulations, however, unless otherwise authorized by law, the department shall not have authority to promulgate such rules and regulations. ADD}

(d) The department shall conduct an on-road testing program. The department may require that vehicles it has reason to believe are not in compliance with the standards and criteria for motor vehicle emissions inspections submit to an out of cycle inspection at an emission inspection facility and, if necessary, be brought into compliance as provided by this chapter.

(e) The department shall assess the availability of adequate repair technician training and shall ensure that training is made available to interested individuals either through private or public facilities.

(f) The department shall establish procedures to ensure that vehicles subject to either a voluntary emissions recall or a remedial plan pursuant to section 207(c) (42 U.S.C. 7541(c)) of the federal Clean Air Act received the required repairs.

(g) The department of environmental management shall {DEL promulgate DEL} {ADD draft ADD} rules and regulations establishing standards and criteria for motor vehicle emissions inspections, giving consideration to the levels of emissions necessary to achieve and maintain federal and state ambient air quality standards and the levels necessary to protect human health and the environment. The standards and criteria shall include, but not be limited to, a requirement to test the exhaust of motor vehicles for hydrocarbons, carbon monoxide and oxides of nitrogen. The standards and criteria may be different for different model years and types of vehicles. The department of environment shall {DEL promulgate DEL} {ADD draft ADD} regulations relative to: testing equipment specifications, quality assurance and quality control procedures for testing equipment, calibration gases, failure rates, emission standards, testing procedures, data collection and data analysis. {ADD The draft rules shall be submitted to the governor and the general assembly no later than January 1, 1998. The department of environmental management shall conduct public hearings on such draft rules and regulations, however, unless otherwise authorized by law, shall not have authority to promulgate such rules and regulations. ADD}

(h) The department shall fund and establish a program for the quality assurance of motor vehicle emissions inspections with the state police and municipal police departments. Said program may include a requirement for inspections of emissions inspection stations to determine compliance with all operational requirements.

(i) The department of environmental management shall establish programs for public information and consumer protection.

(j) The department of environmental management shall submit all appropriate aspects of the motor vehicle emissions inspection programs to the Environmental Protection Agency as revisions to the State Implementation Plan in accordance with the requirements of the federal Clean Air Act.

{ADD (k) Draft rules and regulations submitted by the department and the department of environmental management shall specify that the emissions inspection programs required by this chapter shall be a decentralized system of authorized inspection and repair stations and shall incorporate the inspection required by chapter 38 of title 31 of the general laws relating to motor vehicles. ADD}

31-47.1-8. Waiver certificate. -- (a) A motor vehicle which, after inspection or reinspection, fails to comply with the standards and criteria for motor vehicle emissions inspections shall be eligible for a waiver certificate, provided that:

(1) the cost of emission related repairs performed exceeds the repair cost limit. The cost of repairs may include the cost of emission related repairs made after the inspection or the cost of emission related repairs made up to fourteen (14) days prior to the inspection. The cost of repairs shall not include any costs covered by an emission control performance warranty or the cost to repair or replace any emission control system or mechanism which has been removed, dismantled or rendered inoperative. The repair cost limit shall be four hundred fifty dollars ($450) and shall be adjusted in January of each year by the percentage, if any, by which the Consumer Price Index for the preceding calendar year differs from the Consumer Price Index for 1989, or,

(2) a complete, documented physical and functional diagnosis and inspection, conducted by the department, shows that no additional emission related repairs are needed.

(b) No person shall knowingly give false information to an {DEL emissions inspection station DEL} {ADD AIRS ADD} or the department concerning the repair costs or repairs needed to bring a motor vehicle into compliance with the standards and criteria for motor vehicle emissions inspections.

31-47.1-9. Prohibitions. -- (a) No person may issue a compliance certificate or a waiver certificate for a motor vehicle that has not been inspected in accordance with or is not in compliance with the standards and criteria for motor vehicle emissions inspections.

(b) No person may alter, falsify or counterfeit a compliance certificate or a waiver certificate.

(c) No person may materially alter or change any equipment or mechanism of a motor vehicle that has received a compliance certificate in such a manner that the motor vehicle no longer complies with the standards and criteria for motor vehicle emissions inspections. This section shall not be construed as preventing the temporary alteration of equipment for the purpose of motor vehicle repair.

(d) Any person under contract to the state to provide motor vehicle emission testing {ADD support service ADD} and/or any employee of such a contractor {ADD and the operator of an AIRS and/or an employee of an AIRS ADD} violating any of the provisions of this chapter may be subject to criminal penalties of a fine of up to one thousand dollars ($1,000) or by imprisonment of not more than thirty (30) days or by both such fine and imprisonment for each violation.

(e) Any person under contract to the state to {DEL provide DEL} {ADD assist the state in the administration of a ADD} motor vehicle emission {DEL testing DEL} {ADD inspection program ADD} and/or any employee of such contractor {ADD and the operator of an AIRS and/or an employee of an AIRS ADD} , or any person who is or acts as a garage repair person, violating any rule or regulation promulgated under the authority of this chapter shall be subject to a civil or administrative penalty of not more than one thousand dollars ($1,000) for each violation.

(f) Any person violating any of the provisions of this chapter or any rule or regulation promulgated under the authority of this chapter shall be subject to a civil or administrative penalty of not more than one thousand dollars ($1,000) for each violation.

31-47.1-11. Fees -- (a) A Fee, in accordance with the rulles and regulations of the department, {ADDas provided in section 31-47.1-7(b) hereof,ADD} is to charged for each motor vehicle inspected. The amount of fees collected shall provide for{DEL the cost of DEL} the inspected, {DEL the cost the contract entered under 31-47-6 and the administrative costs ofthe department and the department of environmental management related to motor vehicle inspections as provided by this chapter. The fee shall be equal to or less than twenty-five dollars ($25) per vehicle inspected.DEL} The fee must be paid for each motor vehicle inspected at an emissions inspection station at the time of the inspection and is payable whether a compliance certificate, waiver certificate, or no certfiicate is issued. There dhall be no fee charged for one reinspection of a vehicle that failed an initial inspection.

SECTION 3. This act shall take effect upon passage.