Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 661-S.F.No. 1783 
           An act relating to motor vehicles; requiring mandatory 
          annual inspection of motor vehicle emission control 
          equipment on vehicles registered in the metropolitan 
          area; prescribing powers and duties of the pollution 
          control agency and the department of public safety; 
          imposing fees for inspection; prescribing penalties; 
          appropriating money; proposing coding for new law in 
          Minnesota Statutes, chapter 116. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [116.60] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 1 to 6. 
    Subd. 2.  [AGENCY.] "Agency" means the pollution control 
agency. 
    Subd. 3.  [CERTIFICATE OF COMPLIANCE.] "Certificate of 
compliance" means a serially numbered written instrument or 
device indicating that a motor vehicle complies with the 
standards and criteria adopted by the agency under section 3. 
    Subd. 4.  [CERTIFICATE OF WAIVER.] "Certificate of waiver" 
means a serially numbered written instrument or device 
indicating that the requirement of compliance with the standards 
and criteria of the agency has been waived for a motor vehicle 
under section 3. 
    Subd. 5.  [DEPARTMENT.] "Department" means the department 
of public safety. 
    Subd. 6.  [METROPOLITAN AREA.] "Metropolitan area" has the 
meaning given in section 473.121. 
    Subd. 7.  [MOTOR VEHICLE.] "Motor vehicle" means a 
passenger automobile, station wagon, pickup truck, or van, as 
defined in section 168.011, licensed for use on the public 
streets and highways. 
    Subd. 8.  [PUBLIC INSPECTION STATION.] "Public inspection 
station" means a facility for motor vehicle inspection operated 
under contract with the agency under section 3. 
    Subd. 9.  [FLEET INSPECTION STATION.] "Fleet inspection 
station" means a facility for the inspection of motor vehicle 
fleets operated under license issued by the agency under section 
3. 
    Subd. 10.  [OWNER.] "Owner" has the meaning given it in 
section 168.011. 
    Subd. 11.  [REGISTRAR.] "Registrar" means the registrar of 
motor vehicles under section 168.33. 
    Sec. 2.  [116.61] [INSPECTION REQUIRED.] 
    Subdivision 1.  [REQUIREMENT.] (a) Beginning no later than 
July 1, 1991, each motor vehicle registered to an owner residing 
in the metropolitan area and each motor vehicle customarily 
domiciled in the metropolitan area but exempt from registration 
under section 168.012 or 473.448 must be inspected annually for 
air pollution emissions as provided in sections 1 to 6. 
    (b) The inspections must take place at a public or fleet 
inspection station.  The inspections must take place within 90 
days prior to the registration deadline for the vehicle or, for 
vehicles that are exempt from license fees under section 168.012 
or 473.448, at a time set by the agency. 
    (c) The registration on a motor vehicle subject to 
paragraph (a) may not be renewed unless the vehicle has been 
inspected for air pollution emissions as provided in sections 1 
to 6 and received a certificate of compliance or a certificate 
of waiver. 
    Subd. 2.  [EXEMPT VEHICLES.] The following motor vehicles 
are exempt from the requirements of this section: 
    (1) a motor vehicle manufactured before the 1976 model year 
or with an engine manufactured before the 1976 model year; 
    (2) a motor vehicle registered as classic, pioneer, 
collector, or street rod under section 168.10; 
    (3) a motor vehicle that is exempted in accordance with 
rules of the agency because the vehicle, although registered to 
an owner residing in the metropolitan area, is customarily 
domiciled outside of the metropolitan area; and 
    (4) any class of motor vehicle that is exempted by rule of 
the agency because the vehicles present prohibitive inspection 
problems or are inappropriate for inspection. 
    Sec. 3.  [116.62] [MOTOR VEHICLE INSPECTION PROGRAM.] 
    Subdivision 1.  [ESTABLISHMENT.] The agency shall establish 
and administer a program to test and inspect for air pollution 
emissions the motor vehicles that are subject to the requirement 
of section 2. 
    Subd. 2.  [CRITERIA AND STANDARDS.] (a) The agency shall 
adopt rules for the program under chapter 14 establishing 
standards and criteria governing the testing and inspection of 
motor vehicles for air pollution emissions. 
    (b) The rules must specify maximum pollutant emission 
levels for motor vehicles, giving consideration to the levels of 
emissions necessary to achieve applicable federal and state air 
quality standards.  The standards may be different for different 
model years, sizes, and types of motor vehicles. 
    (c) The rules must establish testing procedures and 
standards for test equipment used for the inspection.  The test 
procedures or procedures producing comparable results must be 
available to the automobile pollution equipment repair 
industry.  The test equipment used for the inspection or 
comparable equipment must be available to the repair industry on 
the open market. 
    (d) The rules must establish standards and procedures for 
the issuance of licenses for fleet inspection stations. 
    (e) The rules must establish standards and procedures for 
the issuance of certificates of compliance and waiver. 
    Subd. 3.  [PUBLIC INSPECTION STATIONS; CONTRACT.] (a) The 
program shall provide for the inspection of motor vehicles at 
public inspection stations.  The number and location of the 
stations must provide convenient public access. 
     (b) The agency shall contract with a private entity for the 
design, construction, equipment, establishment, maintenance, and 
operation of the public inspection stations and the provision of 
related services and functions.  The contractor and its officers 
and employees may not be engaged in the business of selling, 
maintaining, or repairing motor vehicles or selling motor 
vehicle replacement or repair parts, except that the contractor 
may repair any motor vehicle owned or operated by the 
contractor.  The contractor's employees are not employees of the 
state for any purpose.  In evaluating contractors, the agency 
shall consider the contractors' policies and standards on 
working conditions of employees.  Contracts must require the 
contractor to operate the public inspection stations for a 
minimum of five years and may provide for equitable 
compensation, from the vehicle emission inspection account 
established by section 6, for capital costs and other 
appropriate expenditures to the contractor, as determined by the 
agency. 
    (c) A public inspection station shall inspect and reinspect 
motor vehicles in accordance with the agency rules and 
contract.  The inspection station shall issue a certificate of 
compliance for a motor vehicle that has been inspected and 
determined to comply with the standards and criteria of the 
agency adopted under this section.  If a certificate of 
compliance cannot be issued, the inspection station shall 
provide a written inspection report describing the reasons for 
rejection and, when appropriate, the repairs needed or likely to 
be needed to bring the vehicle into compliance with the 
standards and criteria. 
      (d) The agency shall develop a means of responding to 
inquiries from members of the public about the current status of 
a motor vehicle under the program, including the last date of 
inspection, certification of compliance, and the terms under 
which a certificate of waiver has been issued.  The agency shall 
ensure in its public information program that the public is 
aware of this service.  The agency may contract for the 
provision of this service. 
    Subd. 4.  [FLEET INSPECTION STATIONS; LICENSE.] (a) The 
program shall provide for the licensing of fleet inspection 
stations by the agency.  The license must be issued by the 
agency, upon payment of a licensing fee in a manner and an 
amount prescribed by the agency, when the agency determines that 
an applicant satisfies the requirements of this section and 
agency rules.  
    (b) Owners of a fleet of 50 or more motor vehicles may 
apply for a fleet inspection station license.  Two or more 
persons each owning 25 or more motor vehicles may apply jointly 
for a fleet inspection station license. 
    (c) A licensee shall have the facilities, equipment, and 
personnel to competently perform the inspections required by 
sections 1 to 6 and the rules of the agency.  A licensee shall 
provide for the inspection of each fleet vehicle in accordance 
with the requirements of section 2 and before registration of 
the vehicle shall indicate in a manner prescribed by the agency 
whether the vehicle complies with the emission standards of the 
agency. 
     (d) A fleet inspection station license authorizes and 
obligates the licensee to perform inspections only on motor 
vehicles owned or operated exclusively by the fleet licensee.  
     (e) A licensee shall maintain records of all inspections in 
a manner prescribed by the agency and shall make the records 
available for inspection by authorized representatives of the 
agency during normal business hours. 
     (f) To ensure compliance, the agency may require fleet 
licensees to submit motor vehicles designated by the agency 
numbering five percent or five motor vehicles, whichever is 
larger, but no more than 25 vehicles, to annual inspection at 
public inspection stations. 
    Subd. 5.  [CERTIFICATES OF WAIVER.] (a) A certificate of 
waiver, valid for one year, must be issued for a motor vehicle 
following inspection if: 
     (1) a low emissions adjustment has been performed on the 
vehicle, following inspection and within 90 days prior to the 
renewal of registration, and 
    (2) either the estimated cost of repairs and adjustments 
necessary to bring the vehicle into compliance with emissions 
standards or the actual cost of repairs already performed on a 
vehicle in accordance with the inspection report under 
subdivision 3 exceeds the repair cost limit. 
    (b) The following costs may not be considered in 
determining eligibility for waiver under paragraph (a):  costs 
for repairs made under warranty and costs necessary to repair or 
replace any emission control equipment that has been removed, 
dismantled, tampered with, misfueled, or otherwise rendered 
inoperative in violation of section 325E.0951. 
    (c) The repair cost limit is $75 for vehicles manufactured 
before the 1981 model year, and $200 for vehicles manufactured 
in the 1981 model year and after. 
     (d) A temporary certificate of waiver, valid for not more 
than 30 days, may be issued to a vehicle to allow time for 
inspection and necessary repairs and adjustments. 
    Subd. 6.  [FEDERAL GRANTS.] The agency shall apply for and 
accept on behalf of the state any funds made available by the 
federal government or by any other sources for motor vehicle 
pollution control programs. 
    Subd. 7.  [STUDIES; DATA COLLECTIONS; ANNUAL REPORT.] The 
agency shall collect data and undertake studies necessary to 
evaluate the cost, effectiveness, and benefits of the motor 
vehicle inspection program.  The agency shall compile data on 
failure rate, compliance rate, the number of certificates 
issued, and other similar matters.  The agency shall report on 
the operation of the motor vehicle inspection program to the 
legislature by January 1, 1992, and every two years thereafter. 
    Subd. 8.  [PUBLIC INFORMATION; TRAINING.] The agency shall 
design, prepare, and implement a public information program for 
the motor vehicle inspection program, in cooperation with the 
department and the contractor under section 3, subdivision 3.  
The program must include material for distribution, 
presentations, mass media releases, and other appropriate 
material.  
    Sec. 4.  [116.63] [PROHIBITED ACTS.] 
    Subdivision 1.  [WRONGFUL CERTIFICATION.] No person may 
issue a certificate of compliance for a motor vehicle that has 
not been inspected in accordance with or is not in compliance 
with the rules of the agency. 
    Subd. 2.  [REFERRAL FOR PARTS OR REPAIR.] An employee, 
owner, or operator of a public inspection station may not 
furnish information, except information provided by the state, 
about the name or other description of a parts or repair 
facility or other place where parts, repairs, or adjustments may 
be obtained to bring a motor vehicle into compliance with the 
rules of the agency. 
    Subd. 3.  [ALTERATION.] A person may not materially alter 
or change any equipment or mechanism of a motor vehicle that has 
been certified to comply with the rules of the agency, so that 
the motor vehicle is no longer in compliance with those rules. 
    Subd. 4.  [FALSE REPAIR COSTS.] A person may not provide 
false information to a public inspection station or the agency 
about estimated or actual repair costs or repairs needed to 
bring a motor vehicle into compliance with the standards of the 
agency.  A person may not claim an amount spent for repair if 
the repairs were not made or the amount not spent.  
    Sec. 5.  [116.64] [INSPECTION FEE.] 
    Subdivision 1.  [AMOUNT.] Beginning January 1, 1991, an 
annual fee established in accordance with the rules of the 
agency, not to exceed $10, is imposed for the cost of the 
inspection of a motor vehicle at a public inspection station and 
such reinspections as the rules of the agency allow, the cost of 
the contract entered under section 3, subdivision 3, and the 
administrative costs of the agency and the department. 
    Subd. 2.  [APPLICATION.] The fee must be paid for each 
motor vehicle inspected at a public inspection station, 
including a motor vehicle that is exempt from license fees under 
section 168.012 or 473.448. 
    Subd. 3.  [PAYMENT.] The fee must be paid to the registrar 
at the time that the motor vehicle is reregistered or, for 
vehicles exempt from license fees under section 168.012 or 
473.488, at a time set by the agency. 
    Sec. 6.  [116.65] [VEHICLE EMISSION INSPECTION ACCOUNT.] 
    Subdivision 1.  [ESTABLISHMENT; PURPOSE.] A vehicle 
emission inspection account is created in the state treasury and 
may be used only to pay the cost of the motor vehicle inspection 
program and the costs of the agency and department to administer 
sections 1 to 6. 
    Subd. 2.  [REVENUE SOURCE.] Revenue from the following 
sources must be deposited in the vehicle emission inspection 
account: 
    (1) money recovered by the state under section 4, and money 
paid under any agreement, stipulation, or settlement; 
    (2) money received by the agency in the form of gifts, 
grants, reimbursements, or appropriations from any source 
intended to be used for the purpose of the account; 
     (3) fleet inspection station licensing fees; 
    (4) interest attributable to investment of money deposited 
in the fund; and 
    (5) the proceeds of the inspection fee. 
    Subd. 3.  [APPROPRIATION.] By the end of the initial 
contract entered by the agency under section 3, subdivision 3, 
the amounts appropriated from the motor vehicle transfer fund to 
the vehicle emission inspection account must be repaid to the 
transfer fund, and the amounts necessary for this repayment are 
appropriated from the vehicle emission inspection account. 
    Sec. 7.  [APPROPRIATION.] 
    $10,000 is appropriated to the agency from the motor 
vehicle transfer fund for transfer to the vehicle emission 
inspection account. 
    Sec. 8.  [APPROPRIATION.] 
    $200,000 is appropriated to the agency from the motor 
vehicle transfer fund for transfer to the vehicle emission 
inspection account. 
    Sec. 9.  [APPROVED COMPLEMENT.] 
    The approved complement of the agency is increased by four 
classified positions.  The positions approved by this section 
must be paid from the vehicle emission inspection account. 
    Sec. 10.  [STUDY.] 
    The agency shall study and report to the legislature on the 
effectiveness, costs, and benefits of requiring the use of 
alternative fuels and of extending the requirements of section 2 
to other vehicles registered in the metropolitan area and to 
other pollution by these vehicles. 
    Sec. 11.  [EFFECTIVE DATE.] 
    Sections 1 to 7 and 9 are effective the day following final 
enactment.  Section 8 is effective July 1, 1988. 
    Approved April 26, 1988