Introduced By: Senators Irons and Bates
Date Introduced : February 10, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 31-47.1-1, 31-47.1-3, 31-47.1-5, 31-47.1-7, 31-47.1-8, 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 will withhold highway funding until compliance is attained, the United States environmental protection agency will 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 (2) to one, and will 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).
(7) The general assembly enacted legislation mandating a centralized system for motor vehicle emissions inspections and maintenance during the January 1993 session;
(8) The centralized motor vehicle emission inspection and maintenance {ADD program ADD} was never implemented;
(9) A decentralized system for motor vehicle emission inspection is more desirable than a centralized system;
(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.
31-47.1-3. Inspection requirement. -- (a) Beginning
no later than {DEL January DEL} {ADD June ADD} 1, 1999, each
motor vehicle subject to the provisions of this chapter shall
be subject to a motor vehicle emissions inspection, conducted
no more frequently than annually. Different classes of motor
vehicles or model years may be subject to different inspection
frequencies.
(b) Motor vehicles subject to this chapter shall be determined by regulations, and shall include, but not necessarily be limited to: all 1975 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 {DEL manufactured before the model year
1975 DEL} {ADD twenty five (25) years or older 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.
(4) [Deleted by P.L. 1997, ch. 65, section 2.]
(5) New motor vehicles until {DEL twelve (12) DEL} {ADD twenty
four (24) ADD} months after their {DEL initial registration DEL}
{ADD date of purchase or twenty four thousand (24,000) miles, whichever
occurs first ADD}.
(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.
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 {DEL / DEL}inspection {ADD / ADD}maintenance programs
promulgated {DEL and/or offered as guidance DEL} 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. sections
7401 -- 7671q). 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.
(b) The department shall {DEL draft DEL} {ADD promulgate ADD}
rules and regulations for the issuance of certificates of compliance
and certificates of waiver {DEL and shall submit such draft
rules and regulations to the governor and the general assembly
no later than January 1, 1998 DEL}.
(c) The department shall {DEL draft DEL} {ADD promulgate ADD}
rules and regulations specifying the vehicles subject to the motor
vehicle emissions inspection requirement. {DEL 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. DEL}
(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 {DEL emission inspection facility DEL} {ADD airs ADD}
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. section 7541(c)) of the federal Clean Air Act received the required repairs.
(g) The department of environmental management shall {DEL draft DEL}
{ADD promulgate 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 environmental management shall {DEL draft DEL} {ADD promulgate 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. {DEL 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. DEL}
(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 Clear Air Act.
(k) {DEL Draft DEL} {DEL rules DEL} {ADD Rules ADD}
and regulations {DEL submitted DEL} {ADD promulgated ADD}
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 (l) Each AIRS must participate in any state sponsored program which provides emissions inspection equipment on a lease or purchase basis. 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 {DEL fourteen (14) DEL}
{ADD sixty (60) ADD} 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. {DEL The repair cost limit shall be four hundred
fifty dollars ($450) and shall be adjusted in January of each
year by the percentage, if DEL} {ADD The repair cost limit shall
be two hundred and fifty dollars ($250) in 1999, 2000, and 2001
and shall be four hundred fifty dollars ($450) in 2002 and 2003.
After 2003 the repair cost limit shall be four hundred and fifty
dollars ($450) and shall be adjusted in January of each year by
the percentage, if ADD} 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 AIRS 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.
{ADD (c) Any person may perform repairs on a vehicle in order to meet the requirements of this chapter or chapter 38 of this title, except that the cost of repairs, including diagnosis, parts, and labor, to be applied to the repair cost limit must be performed by a certified repair technician. Only the cost of parts may be applied to the repair cost limit if repairs are performed by someone other than a certified repair technician. ADD}
31-47.1-11. Fees. -- (a) A fee, established in accordance with the rules and regulations of the department as provided in section 31-47.1-7(b) hereof, is to be charged for each motor vehicle inspected. The amount of fees collected shall provide for the cost of the inspection {ADD , the costs of administering the motor vehicle emissions inspection program and other costs provided by law ADD}. 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 certificate is issued. There shall be no fee charged for one reinspection of a vehicle that failed an initial inspection {ADD when the reinspection is conducted at the AIRS that conducted the initial inspection ADD}.
(b) The motor vehicle emission inspection {ADD account is hereby established within the general fund as a restricted receipt account and will continue until June 30, 2003 at which time emission inspection ADD} fees shall be deposited as general revenues. {ADD The motor vehicle emission inspection account shall be used to pay all the costs of administering the motor vehicle emission inspection programs of the department and the department of environmental management according to the requirements of 40 CFR 51.354(a). It is the intent of this section that the motor vehicle emission inspection program be self supporting. ADD}
{ADD (c) The general assembly shall on or before June 30th of each calendar year review the costs and fees associated with the program with the goal of eliminating all fees being directed to the general fund and to eliminate all costs and fees not directly related and necessary to pay the costs of administering the motor vehicle emission inspection program as required under 40 CFR 51.354(a). ADD}
SECTION 2. Sections 31-38-1, 31-38-4, 31-38-6, 31-38-7 of the General Laws in Chapter 31-38 entitled "Inspection of Motor Vehicles" are hereby amended to read as follows:
31-38-1. Vehicles without required equipment or in unsafe condition -- Inspection sticker for used cars for sale required. -- (a) No person shall sell at retail, drive, or move on any highway any motor vehicle, trailer, semi-trailer, or pole trailer or any combination thereof unless the equipment upon the vehicle is in good working order and adjustment as required in this title, and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.
(b) No dealer of used vehicles, as defined by section 31-1-19(a), shall sell at retail a used motor vehicle unless a new inspection of the vehicle conforming to the standards set pursuant to this chapter and {ADD chapter 47.1 of this ADD} title has been conducted and the vehicle has a new certificate of inspection affixed to the windshield at the time of sale, except used cars sold "for parts only" and clearly identified accordingly on the bill of sale.
31-38-4. Director of department of administration to require
periodic inspection. -- (a) (1) On and after November
1, 1977, the director of administration shall at least once each
year, but not more frequently than twice each year, {ADD or on the
schedule defined pursuant to chapter 47.1 of this title ADD} require
that every vehicle, trailer, semi-trailer, and pole trailer registered
in this state or upon a retail seller's premise, be inspected
and that an official certificate of inspection and approval be
obtained for the vehicle, provided, however, that the director
of administration shall require the {ADD first ADD} inspection of
any new motor vehicle within {DEL one DEL} {ADD two ADD} year
from the date of purchase {DEL and annually thereafter pursuant
to this section DEL} {ADD or before the vehicle accumulates
twenty four thousand (24,000) miles whichever occurs first ADD}.
(2) The inspections shall be made and the certificates obtained with respect to the mechanism, brakes, and equipment of the vehicle as shall be designated by the director of department of administration.
(3) The director of the department of administration is hereby authorized to make necessary rules and regulations for the administration and enforcement of this chapter including, but not limited to, upgraded standards of operation and standards for mechanical testing equipment, and to designate any period or periods of time during which sellers at retail and owners of any vehicles, subject to this chapter, shall display upon the vehicles certificates of inspection and approval, or shall produce the same upon demand of any proper officer or employee of the department of administration designated by the director of the department of administration.
(b) The director of the department of administration may authorize the acceptance in this state of a certificate of inspection and approval issued in another state having an inspection law similar to this chapter, and may extend the time within which a certificate shall be obtained.
(c) The director of the department of administration, or the director's designee, may suspend the registration of any vehicle which he or she determines is in such unsafe condition as to constitute a menace to safety, or which, after notice and demand, is not equipped as required in this chapter or for which a required certificate of inspection and approval has not been obtained.
(d) The director of the department of administration shall provide for a staggered inspection system by regulations.
31-38-6. Appointment of official inspection stations. -- (a) For the purpose of making inspections and issuing official certificates of inspection and approval as provided herein, the director of the department of administration, or the director's designee, shall issue permits for and furnish instructions and all necessary forms to official inspection stations for the inspection of vehicles as herein required and the issuance of official certificates of inspection and approval. There shall be a separate permit required to inspect all trailers or semi-trailers used to transport horses or other livestock, irrespective of the registered gross weight of the trailers and semi-trailers.
(b) Application for the permit set forth in subsection (a) of this section shall be made upon an official form and shall be granted only when the director of the department of administration or the director's designee, is satisfied that the station is properly equipped and has competent personnel to make the inspections and adjustments, and will be properly conducted. The director of the department of administration, or the director's designee, before issuing a permit may require the applicant to file a bond conditioned that it will make compensation for any damage to a vehicle during an inspection or adjustment due to negligence on the part of the applicant or its employees.
(c) The director of the department of administration, or the director's designee, shall properly supervise and cause inspections to be made of the stations and shall suspend or revoke and require the surrender of the permit issued to a station which he or she finds is not properly equipped or has violated any of the conditions of his or her permit of inspection. The director of the department of administration, or the director's designee, shall maintain and post at the department of administration lists of all stations holding permits and of those whose permits have been suspended or revoked.
(d) The permits shall be issued for a period of one year and upon payment to the director of the department of administration of a fee of twenty-five dollars ($25.00) annually, and the monies received shall be turned over to the general treasurer to be deposited in the general funds of the state.
(e) The director of the department of administration, or the director's designee, shall issue a duplicate permit upon the payment of a fee of one dollar ($1.00) if one is requested by the owner of the official station who states in writing that the original was lost, destroyed, or stolen.
{ADD (f) Any person who has been issued a permit under this section and conducts inspections of vehicles subject to an emission inspection pursuant to title 47.1 of this chapter must also have been authorized to conduct motor vehicle emissions inspections and must conduct both inspections simultaneously. ADD}
31-38-7. Operation of official stations. -- (a) No permit for an official station shall be assigned or transferred or used at any location other than therein designated, and the permit shall be posted in a conspicuous place at the location designated.
(b) The state certified person operating an official inspection station shall issue a certificate of inspection and approval upon an official form to the owner of a vehicle upon inspection of the vehicle and determining that its equipment required under the provisions of this chapter is in good condition and proper adjustment, otherwise, no certificate shall be issued. A record and report shall be made of every inspection and every certificate so issued. The records shall be kept available for review by the motor vehicle inspection station commission or those employees of the department of administration as the director may designate.
(c) The following fees shall be charged for inspection and issuance of certificate of inspection and approval:
(1) For every {DEL private passenger car or commercial DEL}
vehicle with a registered gross weight of not more than {DEL eight
thousand pounds (8,000 lbs.), twelve dollars ($12.00) and an additional
three dollars ($3.00) DEL} {ADD eight thousand five hundred
(8,500) pounds, the fee shall be included with the fee charged
pursuant to section 31-47.1-11 of this title ADD}.
(2) For every vehicle of a registered gross weight of more than
{DEL eight thousand pounds (8,000 lbs.) DEL} {ADD eight thousand
five hundred (8,500) pounds ADD} or more, except trailers, fifteen
dollars ($15.00).
(3) For every motorcycle and electrically powered vehicle, eleven dollars ($11.00).
(4) For every trailer or semi-trailer with a registered gross
weight of more than one thousand {DEL pounds DEL} (1,000
{DEL lbs. DEL}) {ADD pounds ADD}, eleven dollars ($11.00).
(5) Provided, however, that for the inspection of vehicles used
for the transportation of persons for hire, as provided in section
31-22-12, {ADD and subject to an inspection pursuant to chapter
47.1 of this title, ADD} the fee shall be {DEL thirteen dollars
($13.00) DEL} {ADD included with the fee charged pursuant to
section 31-47.1-11 of this title ADD}.
(d) The director of the department of administration may establish a state inspection facility at which any motor vehicle may be reinspected at no cost to the owner. The state inspection facility may inspect all public conveyance vehicles or these inspections may be otherwise provided for by the director, or any other vehicles which in the opinion of the director of administration, or his or her designee, require specific testing to ensure for the health and safety of the general public.
(e) Any other inspections or activities which may be required to be performed at a state inspection facility may be performed at any official inspection station if so determined by the director.
SECTION 3. This act shall take effect upon passage.
