SENATE 3rd Reading Unamended May 2, 2013 SENATE Amended 2nd Reading May 1, 2013First Regular Session Sixty-ninth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 13-0921.01 Chuck Brackney x2295 SENATE BILL 13-257 SENATE SPONSORSHIP King and Tochtrop, Guzman, Hill HOUSE SPONSORSHIP Ryden, Nordberg, Williams Senate Committees House Committees Transportation Appropriations A BILL FOR AN ACT Concerning exemptions from the motor vehicle emissions inspection program. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Legislative Audit Committee. Currently, a motor vehicle that is being registered in the emissions program area for the first time is exempt from the requirement to get an emissions control inspection if the motor vehicle is in its fourth model year or newer. The bill extends the exemption period from 4 years to 7 years. The air quality control commission is directed to implement the extension of the exemption for current model year vehicles from 4 to 7 years in rules by January 1, 2014. The commission is also directed to adopt rules that allow for the use of on-board diagnostic testing equipment by the same date. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 25-7-133, add (8), (9), and (10) as follows: 25-7-133. Legislative review and approval of state implementation plans and rules - legislative declaration. (8) The commission shall adopt rules that implement the extension of the exemption from an emissions control inspection for current model year vehicles from four to seven years under section 42-4-310, C.R.S., as amended. The extension as implemented by the rules must be effective on or before January 1, 2016. (9) The commission shall adopt rules that allow for the use of on-board diagnostic testing equipment. The rules must allow the use of this equipment beginning on or before January 1, 2016. (10) The department of public health and environment and the department of revenue are authorized to continue existing programs and contracts until the rules implementing extension of the exemption from emissions control inspections are effective. SECTION 2. In Colorado Revised Statutes, 42-4-310, amend (1) (a) (II) (C), (1) (b) (I) (B), and (1) (b) (II) (A) as follows: 42-4-310. Periodic emissions control inspection required - definition. (1) (a) (II) (C) If such an owner registers a roadworthy vehicle is being registered in the program area for the first time, the owner shall obtain any a certification required for the county where registration is sought and shall submit such the certification to the department of revenue or an authorized agent thereof of the department with such the owner's application for the motor vehicle registration. of the motor vehicle. An owner may register a motor vehicle that is being registered in the program area for the first time may be registered, without an inspection or certification if the vehicle has not yet reached its fourth seventh model year or a later model year established by the commission pursuant to section 42-4-306 (8) (b). (b) (I) (B) A new motor vehicles vehicle owned by the United States government or an agency thereof of the United States government, or by the state of Colorado or any an agency or political subdivision thereof of the state of Colorado, that would be registered in the program area shall be issued a certification of emissions compliance without inspection. that shall expire The certification expires on the anniversary of the day of the its issuance of such certification when such the vehicle has reached its fourth seventh model year or a later model year established by the commission pursuant to section 42-4-306 (8) (b). Prior to Before the expiration of such the certification, such the vehicle shall must be inspected and a certification of emissions control shall must be obtained therefor for the vehicle. (II) (A) Motor vehicle dealers shall purchase verification of emissions test forms for the sum of twenty-five cents per form from the department or persons its duly authorized by the department to make such sales agents to be used only on new motor vehicles. No refund or credit The department shall be allowed not issue a refund or credit for any unused verification of emissions test forms. A new motor vehicles vehicle required under this section to have a verification of emissions test form under this section shall be issued a certification of emissions compliance without inspection which shall expire that expires on the anniversary of the day of the certification's issuance of such certification when such the vehicle has reached its fourth seventh model year or a later model year established by the commission pursuant to section 42-4-306 (8) (b). Prior to Before the expiration of such the vehicle's certification, such vehicle shall the dealer must have the vehicle pass a clean screen test or be inspected and to obtain a certification of emissions control. shall be obtained therefor. SECTION 3. Effective date. This act is effective upon passage; except that section 2 of this act takes effect on January 1, 2016. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.