Substitute Senate Bill No. 360

Public Act No. 00-180

An Act Concerning The State's Motor Vehicles Emissions Inspection Contract.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (c) of section 14-164c of the general statutes is repealed and the following is substituted in lieu thereof:

(c) The commissioner shall adopt regulations in accordance with chapter 54 to implement the provisions of this section. Such regulations shall include provision for a periodic [emissions] inspection of air pollution control equipment and compliance or waiver with exhaust emission standards or compliance or waiver with on-board diagnostic standards or other standards defined by the Commissioner of Environmental Protection and approved by the Administrator of the United States Environmental Protection Agency, compliance or waiver with, air pollution control system integrity standards defined by the Commissioner of Environmental Protection and compliance or waiver with purge system standards defined by the Commissioner of Environmental Protection. [for] Such regulations shall apply to all motor vehicles registered or which will be registered in this state except: (1) Vehicles having a gross weight of more than ten thousand pounds; (2) vehicles powered by electricity; (3) bicycles with motors attached; (4) motorcycles; (5) vehicles operating with a temporary registration; (6) vehicles manufactured twenty-five or more years ago; (7) new vehicles at the time of initial registration; (8) vehicles registered but not designed primarily for highway use; (9) farm vehicles, as defined in subsection (q) of section 14-49; (10) antique, rare or special interest motor vehicles, as defined in section 14-1; (11) diesel-powered type II school buses; or (12) a vehicle operated by a licensed dealer or repairer either to or from a location of the purchase or sale of such vehicle or for the purpose of obtaining an official emissions or safety inspection. [The] Not later than October 1, 2002, such regulations shall exempt from the periodic inspection requirement any vehicle manufactured four or less years ago, provided that such exemption shall lapse upon a finding by the Administrator of the United States Environmental Protection Agency or by the Secretary of the United States Department of Transportation that such exemption causes the state to violate applicable federal environmental or transportation planning requirements. Notwithstanding any provisions of this subsection, the commissioner may require an initial emissions inspection and compliance or waiver prior to [completion of the sale and] registration of a new motor vehicle. [over one year old.] If the Commissioner of Environmental Protection finds that it is necessary to inspect motor vehicles which are exempt under subdivision (1) or (4) of this subsection, or motor vehicles that are four or less model years of age in order to achieve compliance with federal law concerning emission reduction requirements, the Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54, to require the inspection of motorcycles, [or] designated motor vehicles having a gross weight of more than ten thousand pounds or motor vehicles four or less model years of age.

Sec. 2. Subsection (g) of section 14-164c of the general statutes, as amended by section 18 of public act 99-268, is repealed and the following is substituted in lieu thereof:

(g) The commissioner, with approval of the Secretary of the Office of Policy and Management, shall establish, and from time to time modify, the inspection fees, not to exceed ten dollars per inspection, required pursuant to this chapter for inspections performed at official emissions inspection stations. Such fees shall be paid in a manner prescribed by the commissioner. If the costs to the state of the emissions inspection program, including administrative costs and payments to any independent contractor, exceed the income from such inspection fees, such excess costs shall be borne by the state. Any person whose vehicle has been inspected at an official emissions inspection station shall, if such vehicle is found not to comply with any required standards, have the vehicle repaired and have the right within thirty consecutive calendar days to return such vehicle for one reinspection without charge, provided, where the thirtieth day falls on any day when the official emissions inspection station is closed for business, such person may return [his] such vehicle for reinspection on the next day on which such station is open for business. The commissioner shall assess a late fee of twenty dollars for the emissions inspection of a motor vehicle performed at an official emissions inspection station later than thirty days after the expiration date of the assigned inspection period provided the commissioner may waive such late fee when it is proven to [his] the commissioner's satisfaction that the failure to have the vehicle inspected within thirty days of the assigned inspection period was due to exigent circumstances. If ownership of the motor vehicle has been transferred subsequent to the expiration date of the assigned inspection period and the new owner has such motor vehicle inspected within thirty days of the registration of such motor vehicle, the commissioner shall waive the late fee. If the thirtieth day falls on any day when the official emissions inspection station is closed for business, such vehicle may be inspected on the next day on which such station is open for business and no late fee shall be assessed. Fifty per cent of such late fees received by the commissioner pursuant to this subsection shall be deposited in the General Fund and the remainder shall be deposited in the Emissions Enterprise Fund. The ten-dollar fee imposed pursuant to this subsection shall terminate at the expiration of the negotiated agreement in effect on June 1, 1992. The commissioner shall then establish a temporary inspection fee to remain in effect until such time as the General Assembly establishes a new fee.

Sec. 3. Not later than January 31, 2001, the Commissioner of Motor Vehicles shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to transportation concerning the implementation of the provisions of subsections (c) and (g) of section 14-164c of the general statutes, as amended by this act. The report shall include all proposed changes and revisions to the standards and methods employed for the conduct of emissions inspections, the number and locations of official inspection stations, and the amount and method of collection of the inspection fees. The report shall advise the status of the state implementation plan, and of any revisions that have been made or are proposed to be made to said plan, as required to be submitted and approved by the United States Environmental Protection Agency, in accordance with the applicable provisions of the federal Clean Air Act, as amended, USC Title 42, Sections 7401 et seq., and the regulations promulgated thereunder. The commissioner shall not enter into any contract, or amendment to any contract that is currently in force and effect, pursuant to the provisions of subsection (e) of section 14-164c, of the general statutes, unless such proposed contract or amendment is first submitted to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. The commissioner shall provide the committee with a plain language summary of the proposed changes and a statement describing the fiscal impact of the proposed changes. Said committee shall examine the proposed contract or amendment and may make such recommendations within forty-five days to the commissioner as it deems necessary or advisable concerning the following: (1) Efficiency and effectiveness of delivery of services; (2) economy of services; (3) environmental impact; and (4) contractor qualifications, including, but not limited to, capacity for performance and accountability. The commissioner shall make such modifications to the proposed contract or amendment, prior to its execution, to incorporate the recommendations of said committee, unless such commissioner provides the committee with a written explanation detailing why such recommendations are not in the best interest of the state and should not be adopted.

Approved May 26, 2000