First Regular Session
Sixty-second General Assembly
LLS NO. 99-0268.03 Pam Cybyske HOUSE BILL 99-1297
STATE OF COLORADO
BY REPRESENTATIVES Paschall, Clapp, Dean, Larson, Lee, May,
McElhany, McKay, Mitchell, Spence, Spradley, Stengel, Swenson, and
Taylor
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING MOBILE SOURCE AIR POLLUTION PROGRAMS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires the air quality control commission ("commission") to
eliminate fuel regulations for areas where such regulations are not needed
to attain or maintain federal air quality standards. Increases, from 15
minutes to 17 minutes, the maximum acceptable wait time for motorists
waiting for an emissions inspection. Eliminates the requirement that
vehicles receive emissions tests when they are sold or transferred if they
have a valid emissions certificate.
Removes the requirement for the performance of an opacity test
during an emissions test.
Decreases, from $25 to $20, the maximum fee that a licensed
inspection and readjustment station, inspection-only facility, or motor
vehicle dealer test facility charges for enhanced emissions testing of
vehicles.
Requires that a licensed inspection and readjustment station,
inspection-only facility, or motor vehicle dealer test facility open one
additional lane for the sole purpose of reinspecting vehicles that failed the
initial emissions test.
Allows a county included in the automobile inspection and
readjustment (AIR) program area to demonstrate to the lead air quality
planning agency of such portion of the program area that such county
meets national ambient air quality standards and transportation
conformity.
Requires the lead air quality planning agency to request, and the
commission to specify, that the AIR program no longer apply in that
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
portion of the program area where a county has demonstrated that it
meets national ambient air quality standards.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 25-7-106 (1) (e), Colorado Revised Statutes, is
3 amended to read:
4 25-7-106. Commission - additional authority. (1) Except as
5 provided in sections 25-7-130 and 25-7-131, the commission shall have
6 maximum flexibility in developing an effective air quality control
7 program and may promulgate such combination of regulations as may be
8 necessary or desirable to carry out that program; except that such program
9 and regulations shall be consistent with the legislative declaration set
10 forth in section 25-7-102. Such regulations may include, but shall not be
11 limited to:
12 (e) Development of a control or prohibition respecting the use of
13 a fuel or fuel additives in a motor vehicle or motor vehicle engine to the
14 extent authorized by section 211(c) of the federal act if, based on sound
15 scientific data, the commission finds that a measurable reduction in
16 ambient concentrations of criteria pollutants or other pollutants shall
17 occur; EXCEPT THAT THE COMMISSION SHALL ELIMINATE ANY SUCH
18 CONTROL OR PROHIBITION FROM THE STATE IMPLEMENTATION PLAN
19 ADOPTED PURSUANT TO SECTION 25-7-105, AND FROM THE COMMISSION'S
20 REGULATIONS, FOR THOSE AREAS WHERE SUCH CONTROL OR PROHIBITION
21 IS NOT NECESSARY TO ATTAIN OR MAINTAIN NATIONAL AMBIENT AIR
22 QUALITY STANDARDS.
23 SECTION 2. 25-7-106.8 (3), Colorado Revised Statutes, is
24 amended to read:
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1 25-7-106.8. Colorado clean vehicle fleet program. (3) The
2 commission is directed to promulgate rules and regulations which THAT
3 are necessary to adopt a state implementation plan revision as required by
4 Title I, Part D, and Title II, Part C, of the federal act, as may be amended
5 from time to time. The rules and regulations promulgated by the
6 commission shall comply with the provisions of the federal regulations
7 promulgated pursuant to Title I, Part D, and Title II, Part C, of the federal
8 act, as amended. Such regulations shall require that a specified
9 percentage of all covered fleet vehicles in model year 1998 and thereafter
10 purchased by each covered fleet operator in the Denver-Boulder
11 nonattainment area shall be clean fuel vehicles and shall use alternative
12 fuels when operating in such area. THE REGULATIONS PROMULGATED BY
13 THE COMMISSION SHALL CONTAIN A PROCEDURE TO ALLOW A COUNTY TO
14 CHOOSE NOT TO PARTICIPATE IN THE CLEAN VEHICLE FLEET PROGRAM SO
15 LONG AS SUCH COUNTY MAINTAINS NATIONAL AMBIENT AIR QUALITY
16 STANDARDS. SUCH PROCEDURE SHALL INCLUDE A METHOD FOR THE
17 REINTRODUCTION OF A COUNTY INTO THE CLEAN VEHICLE FLEET PROGRAM
18 THAT HAS CHOSEN NOT TO PARTICIPATE BUT THAT NO LONGER MAINTAINS
19 NATIONAL AMBIENT AIR QUALITY STANDARDS.
20 SECTION 3. 42-4-306 (17) (c), Colorado Revised Statutes, is
21 amended to read:
22 42-4-306. Powers and duties of commission - automobile
23 inspection and readjustment program - basic emissions program -
24 enhanced emissions program - clean screen program. (17) For the
25 enhanced emissions program, the commission shall promulgate rules and
26 regulations establishing a network of enhanced inspection centers and
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1 inspection-only facilities within the enhanced emissions program area
2 consistent with the following:
3 (c) Owners, operators, and employees of enhanced inspection
4 centers shall take appropriate actions, such as opening additional lanes,
5 to avoid exceeding average motorist wait times of greater than fifteen
6 SEVENTEEN minutes by designing optimized single- or multi-lane
7 high-volume throughput systems.
8 SECTION 4. 42-4-310 (1) (b) (II) and (2) (a), Colorado Revised
9 Statutes, are amended to read:
10 42-4-310. Periodic emissions control inspection required.
11 (1) (b) (II) (A) New motor vehicles required under this section to have
12 a certification of emissions control shall be issued a certification of
13 emissions compliance without inspection which shall expire on the
14 anniversary of the day of the issuance of such certification when such
15 vehicle has reached its fourth model year. or on the date of the transfer
16 of ownership at any time prior to the fourth model year. Prior to the
17 expiration of such certification, such vehicle shall be inspected and a
18 certification of emissions control shall be obtained therefor.
19 (B) 1982 and newer model motor vehicles required pursuant to
20 this section to have a certification of emissions control shall be inspected
21 at the time of the sale or transfer of any such vehicle UNLESS SUCH
22 VEHICLE HAS A VALID CERTIFICATE OF EMISSIONS, and, prior to registration
23 renewal, shall be issued a certification of emissions control that shall be
24 valid for twenty-four months except as provided under section 42-4-309.
25 THE SALE OR TRANSFER OF A VEHICLE WITH A VALID CERTIFICATE OF
26 EMISSIONS DOES NOT REQUIRE AN INSPECTION PRIOR TO REGISTRATION
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1 RENEWAL OF SUCH VEHICLE. This sub-subparagraph (B) does not apply
2 to the sale of a motor vehicle which THAT is inoperable or otherwise
3 cannot be tested in accordance with regulations promulgated by the
4 department of revenue if the seller of the motor vehicle provides a written
5 notice to the purchaser pursuant to the requirements of subsection (4) of
6 this section.
7 (C) 1981 and older model motor vehicles required pursuant to this
8 section to have a certification of emissions control shall be inspected at
9 the time of the sale or transfer of any such vehicle UNLESS SUCH VEHICLE
10 HAS A VALID CERTIFICATE OF EMISSIONS, and, prior to registration
11 renewal, shall be issued a certification of emissions control that shall be
12 valid for twelve months. THE SALE OR TRANSFER OF A VEHICLE WITH A
13 VALID CERTIFICATE OF EMISSIONS DOES NOT REQUIRE AN INSPECTION
14 PRIOR TO REGISTRATION RENEWAL OF SUCH VEHICLE. This
15 sub-subparagraph (C) does not apply to the sale of a motor vehicle which
16 THAT is inoperable or otherwise cannot be tested in accordance with
17 regulations promulgated by the department of revenue if the seller of the
18 motor vehicle provides a written notice to the purchaser pursuant to the
19 requirements of subsection (4) of this section.
20 (2) (a) The emissions inspection required under this section shall
21 include an analysis of tail pipe and evaporative emissions. After January
22 1, 1994, such inspection shall include an analysis of emissions control
23 equipment including on-board diagnostic systems, chlorofluorocarbons,
24 and visible smoke emissions for the basic emissions program area and the
25 enhanced emissions program area and emissions testing that meets the
26 performance standards set by federal requirements for the enhanced
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1 emissions program area by means of procedures specified by regulation
2 of the commission to determine whether the motor vehicle qualifies for
3 issuance of a certification of emissions compliance. For motor vehicles
4 of the model year 1975 or later, not tested under a transient load on a
5 dynamometer, said inspection shall also include a visual inspection of
6 emissions control equipment pursuant to rules of the commission. THE
7 COMMISSION SHALL NOT REQUIRE, IN ANY CONTRACT FOR MOTOR VEHICLE
8 INSPECTION AND READJUSTMENT SERVICES, THE PERFORMANCE OF
9 OPACITY TESTS ON ANY VEHICLE IN THE PROGRAM AREA.
10 SECTION 5. 42-4-311 (4) (a), (6), and (7), Colorado Revised
11 Statutes, are amended to read:
12 42-4-311. Operation of inspection and readjustment stations -
13 inspection-only facilities - fleet inspection stations - motor vehicle
14 dealer test facilities - enhanced inspection centers. (4) (a) A licensed
15 inspection and readjustment station shall charge a fee not to exceed nine
16 dollars through December 31, 1994. On and after January 1, 1995, a
17 licensed inspection and readjustment station, inspection-only facility, or
18 motor vehicle dealer test facility shall charge a fee not to exceed fifteen
19 dollars for the inspection of vehicles in the basic emissions program or
20 for the inspection of model year 1981 and older vehicles at said facilities
21 licensed or authorized within the enhanced emissions program; except
22 that for 1982 model and newer vehicles a motor vehicle dealer test
23 facility may charge a fee not to exceed twenty-five TWENTY dollars. In
24 no case shall any such fee exceed the maximum fee established by and
25 posted by the station or facility pursuant to section 42-4-305 (5) for the
26 inspection of any motor vehicle required to be inspected under section
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1 42-4-310, whether or not the certification of emissions control is issued;
2 except that a licensed inspection and readjustment station,
3 inspection-only facility, or motor vehicle dealer test facility, or authorized
4 enhanced inspection center shall charge a fee not to exceed two dollars
5 and fifty cents and not to exceed the maximum fee established and posted
6 by the station, or facility, or center pursuant to section 42-4-305 for the
7 issuance of a replacement verification of emissions test.
8 (6) The fee charged by an enhanced inspection center for
9 emissions inspections performed within the enhanced emissions program
10 area shall not be any greater than that determined by the competitive bid
11 process conducted by the division in consultation with the executive
12 director in contractor selection and in no case greater than twenty-five
13 TWENTY dollars. Such fee shall not exceed the maximum fee required to
14 be posted by the enhanced inspection center pursuant to section 42-4-305
15 for the inspection of any motor vehicle required to be inspected under
16 section 42-4-310.
17 (7) At least one free reinspection shall be provided for those
18 vehicles initially failed at the inspection and readjustment station,
19 inspection-only facility, or enhanced inspection center which THAT
20 conducted the initial inspection, within ten calendar days of such initial
21 inspection. COMMENCING OCTOBER 1, 1999, EACH INSPECTION AND
22 READJUSTMENT STATION, INSPECTION-ONLY FACILITY, OR ENHANCED
23 INSPECTION CENTER SHALL OPERATE AT LEAST ONE LANE SOLELY FOR THE
24 PURPOSE OF REINSPECTION OF VEHICLES IN ADDITION TO THE LANES THAT
25 ARE CURRENTLY OPEN FOR INITIAL INSPECTIONS.
26 SECTION 6. 42-4-316 (1), Colorado Revised Statutes, is
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1 amended to read:
2 42-4-316. AIR program - demonstration of compliance with
3 national ambient air quality standards and transportation conformity
4 - county exemption from AIR program - review of program. (1) If the
5 lead air quality planning agency of any portion of the program area
6 demonstrates to the commission that such portion meets ambient air
7 quality standards and transportation conformity requirements, upon
8 approval of such demonstration, IF A COUNTY WITHIN ANY PORTION OF
9 THE PROGRAM AREA, DEFINED IN SECTION 42-4-304 (20), DEMONSTRATES
10 TO THE LEAD AIR QUALITY PLANNING AGENCY OF SUCH PORTION OF THE
11 PROGRAM AREA THAT SUCH COUNTY MEETS NATIONAL AMBIENT AIR
12 QUALITY STANDARDS AND TRANSPORTATION CONFORMITY, THE LEAD AIR
13 QUALITY PLANNING AGENCY SHALL REQUEST AND the commission may
14 SHALL specify that the AIR program will no longer apply in that portion
15 of the program area.
16 SECTION 7. Effective date. This act shall take effect October
17 1, 1999, unless a referendum petition is filed during the ninety-day period
18 after final adjournment of the general assembly that is allowed for
19 submitting a referendum petition pursuant to article V, section 1 (3) of the
20 state constitution. If such a referendum petition is filed against this act
21 or an item, section, or part of this act within such period, then the act,
22 item, section, or part, if approved by the people, shall take effect on the
23 date of the official declaration of the vote thereon by proclamation of the
24 governor.