Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 178-H.F.No. 7 
                  An act relating to the environment; providing for the 
                  termination of the motor vehicle emissions testing 
                  program by March 1, 2000, or earlier; amending 
                  Minnesota Statutes 1998, sections 116.60, by adding a 
                  subdivision; 116.61, subdivision 1, and by adding a 
                  subdivision; 116.62, subdivisions 2, 3, 5, and by 
                  adding a subdivision; and 116.63, subdivision 4; 
                  repealing Minnesota Statutes 1998, sections 116.60; 
                  116.61; 116.62; 116.63; 116.64; and 116.65. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 116.60, is 
        amended by adding a subdivision to read: 
           Subd. 12.  [TWIN CITIES NONATTAINMENT AREA FOR CARBON 
        MONOXIDE.] "Twin Cities nonattainment area for carbon monoxide" 
        means the areas in the counties of Anoka, Carver, Dakota, 
        Hennepin, Ramsey, Scott, Washington, and Wright which have been 
        designated as nonattainment for carbon monoxide by the United 
        States Environmental Protection Agency as of January 1, 1999. 
           Sec. 2.  Minnesota Statutes 1998, section 116.61, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] (a) Except as described 
        provided in subdivision subdivisions 1a and 3, 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 116.60 to 116.65. 
           (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 
        116.60 to 116.65 and received a certificate of compliance or a 
        certificate of waiver. 
           Sec. 3.  Minnesota Statutes 1998, section 116.61, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [TERMINATION OF TESTING 
        REQUIREMENT.] Notwithstanding subdivision 1, a motor vehicle is 
        not required to be inspected annually for air pollution 
        emissions on or after March 1, 2000, or on or after the first 
        day of the second month following the month a notice is 
        published in the Federal Register by the United States 
        Environmental Protection Agency redesignating the Twin Cities 
        nonattainment area for carbon monoxide to attainment for carbon 
        monoxide, whichever is earlier. 
           Sec. 4.  Minnesota Statutes 1998, section 116.62, 
        subdivision 2, is amended to read: 
           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, except that the 
        standards must be based on the year of the chassis of the motor 
        vehicle, and not the year of the engine of the motor vehicle. 
           (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. 
           Sec. 5.  Minnesota Statutes 1998, section 116.62, 
        subdivision 3, is amended to read: 
           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 116.65, 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. 
           (e) The agency shall not enter into any contract under this 
        section, or renew any contract previously entered into under 
        this section, that provides for the operation of public 
        inspection stations on or after March 1, 2000, or on or after 
        the first day of the second month following the month a notice 
        is published in the Federal Register by the United States 
        Environmental Protection Agency redesignating the Twin Cities 
        nonattainment area for carbon monoxide to attainment for carbon 
        monoxide, whichever is earlier. 
           Sec. 6.  Minnesota Statutes 1998, section 116.62, 
        subdivision 5, is amended to read: 
           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. 
           Sec. 7.  Minnesota Statutes 1998, section 116.62, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [NOTICE OF PROCEDURES FOR WAIVER AND EXTENSION.] 
        The agency shall provide to the operator of a motor vehicle 
        which fails an annual inspection, at the time the inspection is 
        completed, information on:  (1) procedures for obtaining a 
        certificate of waiver or a certificate of temporary extension of 
        the time period for meeting inspection requirements; (2) the 
        criteria for obtaining a certificate of waiver or extension; and 
        (3) the term of any certificate of waiver or extension.  The 
        agency may contract for the provision of this service. 
           Sec. 8.  Minnesota Statutes 1998, section 116.63, 
        subdivision 4, is amended to read: 
           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. 9.  [PROHIBITION ON FEE INCREASE.] 
           The pollution control agency must not impose any 
        additional, nor collect any increase in, fees from stationary 
        sources, stationary emission facilities, or stationary emissions 
        units to offset or recover any reduction in the aggregate amount 
        of fees collected under the vehicle inspection program before 
        fiscal year 2001. 
           Sec. 10.  [REPEALER.] 
           (a) Minnesota Statutes 1998, sections 116.60; 116.61; 
        116.62; 116.63; and 116.64, are repealed. 
           (b) Minnesota Statutes 1998, section 116.65, is repealed. 
           Sec. 11.  [EFFECTIVE DATE.] 
           Sections 4, 6, 7, and 8 are effective December 1, 1999.  
        Section 10, paragraph (a), is effective March 1, 2000.  Section 
        10, paragraph (b), is effective June 1, 2000. 
           Presented to the governor May 14, 1999 
           Signed by the governor May 18, 1999, 4:22 p.m.