HF 7

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; modifying the motor 
  1.3             vehicle emissions inspection program and providing for 
  1.4             termination of inspection by January 1, 2000, or 
  1.5             earlier if redesignated to attainment for carbon 
  1.6             monoxide before January 1, 2000; amending Minnesota 
  1.7             Statutes 1998, sections 116.60, subdivision 1, and by 
  1.8             adding a subdivision; 116.61, subdivision 1, and by 
  1.9             adding a subdivision; 116.62, subdivisions 2, 3, 5, 
  1.10            and by adding a subdivision; and 116.63, subdivision 
  1.11            4; proposing coding for new law in Minnesota Statutes, 
  1.12            chapter 116; repealing Minnesota Statutes 1998, 
  1.13            sections 116.60; 116.61; 116.62; 116.63; and 116.64. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 116.60, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.18  section apply to sections 116.60 to 116.65 116.651. 
  1.19     Sec. 2.  Minnesota Statutes 1998, section 116.60, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 12.  [TWIN CITIES NONATTAINMENT AREA FOR CARBON 
  1.22  MONOXIDE.] "Twin Cities nonattainment area for carbon monoxide" 
  1.23  means the areas in the counties of Anoka, Carver, Dakota, 
  1.24  Hennepin, Ramsey, Scott, Washington, and Wright which have been 
  1.25  designated as nonattainment for carbon monoxide by the United 
  1.26  States Environmental Protection Agency as of January 1, 1999. 
  1.27     Sec. 3.  Minnesota Statutes 1998, section 116.61, 
  1.28  subdivision 1, is amended to read: 
  1.29     Subdivision 1.  [REQUIREMENT.] (a) Except as described 
  2.1   provided in subdivision subdivisions 1a and 3, each motor 
  2.2   vehicle registered to an owner residing in the metropolitan area 
  2.3   and each motor vehicle customarily domiciled in the metropolitan 
  2.4   area but exempt from registration under section 168.012 or 
  2.5   473.448 must be inspected annually for air pollution emissions 
  2.6   as provided in sections 116.60 to 116.65. 
  2.7      (b) The inspections must take place at a public or fleet 
  2.8   inspection station.  The inspections must take place within 90 
  2.9   days prior to the registration deadline for the vehicle or, for 
  2.10  vehicles that are exempt from license fees under section 168.012 
  2.11  or 473.448, at a time set by the agency. 
  2.12     (c) The registration on a motor vehicle subject to 
  2.13  paragraph (a) may not be renewed unless the vehicle has been 
  2.14  inspected for air pollution emissions as provided in sections 
  2.15  116.60 to 116.65 and received a certificate of compliance or a 
  2.16  certificate of waiver. 
  2.17     Sec. 4.  Minnesota Statutes 1998, section 116.61, is 
  2.18  amended by adding a subdivision to read: 
  2.19     Subd. 3.  [TERMINATION OF TESTING 
  2.20  REQUIREMENT.] Notwithstanding subdivision 1, a motor vehicle is 
  2.21  not required to be inspected annually for air pollution 
  2.22  emissions on or after January 1, 2000, or on or after the first 
  2.23  day of the second month following the month a notice is 
  2.24  published in the Federal Register by the United States 
  2.25  Environmental Protection Agency redesignating the Twin Cities 
  2.26  nonattainment area for carbon monoxide to attainment for carbon 
  2.27  monoxide, whichever is earlier. 
  2.28     Sec. 5.  Minnesota Statutes 1998, section 116.62, 
  2.29  subdivision 2, is amended to read: 
  2.30     Subd. 2.  [CRITERIA AND STANDARDS.] (a) The agency shall 
  2.31  adopt rules for the program under chapter 14 establishing 
  2.32  standards and criteria governing the testing and inspection of 
  2.33  motor vehicles for air pollution emissions. 
  2.34     (b) The rules must specify maximum pollutant emission 
  2.35  levels for motor vehicles, giving consideration to the levels of 
  2.36  emissions necessary to achieve applicable federal and state air 
  3.1   quality standards.  The standards may be different for different 
  3.2   model years, sizes, and types of motor vehicles, except that the 
  3.3   standards must be based on the year of the chassis of the motor 
  3.4   vehicle, and not the year of the engine of the motor vehicle. 
  3.5      (c) The rules must establish testing procedures and 
  3.6   standards for test equipment used for the inspection.  The test 
  3.7   procedures or procedures producing comparable results must be 
  3.8   available to the automobile pollution equipment repair 
  3.9   industry.  The test equipment used for the inspection or 
  3.10  comparable equipment must be available to the repair industry on 
  3.11  the open market. 
  3.12     (d) The rules must establish standards and procedures for 
  3.13  the issuance of licenses for fleet inspection stations. 
  3.14     (e) The rules must establish standards and procedures for 
  3.15  the issuance of certificates of compliance and waiver. 
  3.16     Sec. 6.  Minnesota Statutes 1998, section 116.62, 
  3.17  subdivision 3, is amended to read: 
  3.18     Subd. 3.  [PUBLIC INSPECTION STATIONS; CONTRACT.] (a) The 
  3.19  program shall provide for the inspection of motor vehicles at 
  3.20  public inspection stations.  The number and location of the 
  3.21  stations must provide convenient public access. 
  3.22     (b) The agency shall contract with a private entity for the 
  3.23  design, construction, equipment, establishment, maintenance, and 
  3.24  operation of the public inspection stations and the provision of 
  3.25  related services and functions.  The contractor and its officers 
  3.26  and employees may not be engaged in the business of selling, 
  3.27  maintaining, or repairing motor vehicles or selling motor 
  3.28  vehicle replacement or repair parts, except that the contractor 
  3.29  may repair any motor vehicle owned or operated by the 
  3.30  contractor.  The contractor's employees are not employees of the 
  3.31  state for any purpose.  In evaluating contractors, the agency 
  3.32  shall consider the contractors' policies and standards on 
  3.33  working conditions of employees.  Contracts must require the 
  3.34  contractor to operate the public inspection stations for a 
  3.35  minimum of five years and may provide for equitable 
  3.36  compensation, from the vehicle emission inspection account 
  4.1   established by section 116.65, for capital costs and other 
  4.2   appropriate expenditures to the contractor, as determined by the 
  4.3   agency. 
  4.4      (c) A public inspection station shall inspect and reinspect 
  4.5   motor vehicles in accordance with the agency rules and 
  4.6   contract.  The inspection station shall issue a certificate of 
  4.7   compliance for a motor vehicle that has been inspected and 
  4.8   determined to comply with the standards and criteria of the 
  4.9   agency adopted under this section.  If a certificate of 
  4.10  compliance cannot be issued, the inspection station shall 
  4.11  provide a written inspection report describing the reasons for 
  4.12  rejection and, when appropriate, the repairs needed or likely to 
  4.13  be needed to bring the vehicle into compliance with the 
  4.14  standards and criteria. 
  4.15     (d) The agency shall develop a means of responding to 
  4.16  inquiries from members of the public about the current status of 
  4.17  a motor vehicle under the program, including the last date of 
  4.18  inspection, certification of compliance, and the terms under 
  4.19  which a certificate of waiver has been issued.  The agency shall 
  4.20  ensure in its public information program that the public is 
  4.21  aware of this service.  The agency may contract for the 
  4.22  provision of this service. 
  4.23     (e) The agency shall not enter into any contract under this 
  4.24  section, or renew any contract previously entered into under 
  4.25  this section, that provides for the operation of public 
  4.26  inspection stations on or after January 1, 2000, or on or after 
  4.27  the first day of the second month following the month a notice 
  4.28  is published in the Federal Register by the United States 
  4.29  Environmental Protection Agency redesignating the Twin Cities 
  4.30  nonattainment area for carbon monoxide to attainment for carbon 
  4.31  monoxide, whichever is earlier. 
  4.32     Sec. 7.  Minnesota Statutes 1998, section 116.62, 
  4.33  subdivision 5, is amended to read: 
  4.34     Subd. 5.  [CERTIFICATES OF WAIVER.] (a) A certificate of 
  4.35  waiver, valid for one year, must be issued for a motor vehicle 
  4.36  following inspection if: 
  5.1      (1) a low emissions adjustment has been performed on the 
  5.2   vehicle, following inspection and within 90 days prior to the 
  5.3   renewal of registration, and 
  5.4      (2) either the estimated cost of repairs and adjustments 
  5.5   necessary to bring the vehicle into compliance with emissions 
  5.6   standards or the actual cost of repairs already performed on a 
  5.7   vehicle in accordance with the inspection report under 
  5.8   subdivision 3 exceeds the repair cost limit. 
  5.9      (b) The following costs may not be considered in 
  5.10  determining eligibility for waiver under paragraph (a):  costs 
  5.11  for repairs made under warranty and costs necessary to repair or 
  5.12  replace any emission control equipment that has been removed, 
  5.13  dismantled, tampered with, misfueled, or otherwise rendered 
  5.14  inoperative in violation of section 325E.0951. 
  5.15     (c) The repair cost limit is $75 for vehicles manufactured 
  5.16  before the 1981 model year, and $200 for vehicles manufactured 
  5.17  in the 1981 model year and after. 
  5.18     (d) A temporary certificate of waiver, valid for not more 
  5.19  than 30 days, may be issued to a vehicle to allow time for 
  5.20  inspection and necessary repairs and adjustments. 
  5.21     Sec. 8.  Minnesota Statutes 1998, section 116.62, is 
  5.22  amended by adding a subdivision to read: 
  5.23     Subd. 10.  [NOTICE OF PROCEDURES FOR WAIVER AND EXTENSION.] 
  5.24  The agency shall provide to all motor vehicles which fail an 
  5.25  annual inspection, at the time the inspection is completed, 
  5.26  information on:  (1) procedures for obtaining a certificate of 
  5.27  waiver or a certificate of temporary extension of the time 
  5.28  period for meeting inspection requirements; (2) the criteria for 
  5.29  obtaining a certificate of waiver or extension; and (3) the term 
  5.30  of any certificate of waiver or extension.  The agency may 
  5.31  contract for the provision of this service. 
  5.32     Sec. 9.  Minnesota Statutes 1998, section 116.63, 
  5.33  subdivision 4, is amended to read: 
  5.34     Subd. 4.  [FALSE REPAIR COSTS.] A person may not provide 
  5.35  false information to a public inspection station or the agency 
  5.36  about estimated or actual repair costs or repairs needed to 
  6.1   bring a motor vehicle into compliance with the standards of the 
  6.2   agency.  A person may not claim an amount spent for repair if 
  6.3   the repairs were not made or the amount not spent.  
  6.4      Sec. 10.  [116.651] [NOTICE AFTER REDESIGNATION.] 
  6.5      The commissioner shall notify the chairs of the house and 
  6.6   senate committees with jurisdiction over environmental issues 
  6.7   and the chairs of the house and senate committees with 
  6.8   jurisdiction over transportation issues of any violation of the 
  6.9   national ambient air quality standard for carbon monoxide after 
  6.10  redesignation of the Twin Cities nonattainment area for carbon 
  6.11  monoxide by the United States Environmental Protection Agency 
  6.12  that occurs in the area previously designated as the Twin Cities 
  6.13  nonattainment area for carbon monoxide within 45 days of 
  6.14  certification of a violation by the commissioner to the United 
  6.15  States Environmental Protection Agency.  If the commissioner 
  6.16  determines that: 
  6.17     (1) implementation of transportation control measures and 
  6.18  any changes in the oxygenated gas program, authorized by the 
  6.19  legislature, under section 239.791, are not sufficient to remedy 
  6.20  the violation of the carbon monoxide standard; and 
  6.21     (2) implementation of the motor vehicle inspection program 
  6.22  is necessary to remedy the violation of the carbon monoxide 
  6.23  standard, the commissioner shall recommend to the chairs that 
  6.24  the legislature amend section 116.61 to require motor vehicle 
  6.25  emissions inspections of motor vehicles subject to section 
  6.26  116.61, subdivision 1, to remedy the violation of the carbon 
  6.27  monoxide standard. 
  6.28     Sec. 11.  [PROHIBITION ON FEE INCREASE.] 
  6.29     The pollution control agency must not impose any 
  6.30  additional, nor collect any increase in, fees from stationary 
  6.31  sources, stationary emission facilities, or stationary emissions 
  6.32  units to offset or recover any reduction in the aggregate amount 
  6.33  of fees collected under the vehicle inspection program. 
  6.34     Sec. 12.  [REPEALER.] 
  6.35     Minnesota Statutes 1998, sections 116.60; 116.61; 116.62; 
  6.36  116.63; and 116.64, are repealed. 
  7.1      Sec. 13.  [EFFECTIVE DATE.] 
  7.2      Sections 5 and 7 to 9 are effective December 1, 1999.  
  7.3   Section 12 is effective January 1, 2000.