Maryland 2022 Regular Session

Maryland House Bill HB1079 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1079
6	6
7	7	HOUSE BILL 1079
8	8	R6 2lr2727
9	9	CF 2lr3101
10	10	By: Delegates Barve and Stein
11	11	Introduced and read first time: February 10, 2022
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Vehicle Emissions Inspection Program – Standards, Requirements, and 2
19	19	Application 3
20	20
21	21	FOR the purpose of requiring, beginning on a date determined by the Motor Vehicle 4
22	22	Administration and the Secretary of the Environment, the Vehicle Emissions 5
23	23	Inspection Program to provide for a biennial exhaust emissions test only on vehicles 6
24	24	that are equipped in a certain manner and are at least a certain age in model years; 7
25	25	repealing the requirement that the emissions equipment and misfueling inspection 8
26	26	be performed under the Program; altering the grace period for qualified hybrid 9
27	27	vehicles under the Program; altering the circumstances under which certain findings 10
28	28	prohibit the grant of a waiver from Program requirements; authorizing a vehicle 11
29	29	owner to take the biennial exhaust emissions test at an approved certified repair 12
30	30	facility; authorizing a certified repair facility to charge a certain additional fee 13
31	31	approved by the Administration for performing an exhaust emissions test under the 14
32	32	Program; authorizing the Administration to close centralized test facilities operated 15
33	33	under the Program under certain circumstances; and generally relating to standards 16
34	34	and requirements for and the application of the Vehicle Emissions Inspection 17
35	35	Program. 18
36	36
37	37	BY repealing and reenacting, with amendments, 19
38	38	Article – Transportation 20
39	39	Section 23–201 through 23–206 and 23–207 21
40	40	Annotated Code of Maryland 22
41	41	(2020 Replacement Volume and 2021 Supplement) 23
42	42
43	43	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
44	44	That the Laws of Maryland read as follows: 25
45	45
46	46	Article – Transportation 26
47	47
48	48	23–201. 27 2 HOUSE BILL 1079
49	49
50	50
51	51
52	52	(a) In this subtitle the following words have the meanings indicated. 1
53	53
54	54	(b) “Emissions control program” means the program requiring and implementing 2
55	55	the exhaust emissions test and the emissions equipment and misfueling inspection. 3
56	56
57	57	(c) “Emissions equipment” means any emissions control device that has been 4
58	58	installed on a motor vehicle by a manufacturer of motor vehicles. 5
59	59
60	60	(d) [“Emissions equipment and misfueling inspection” means an inspection to 6
61	61	verify the presence of required emissions equipment and an inspection to determine that 7
62	62	the vehicle has not been misfueled. 8
63	63
64	64	(e)] (1) “Emissions related repair” means the inspection, adjustment, repair, or 9
65	65	replacement of motor vehicle engine systems, subsystems, or components as necessary to 10
66	66	bring a motor vehicle into compliance with emissions standards adopted in accordance with 11
67	67	the provisions of this subtitle. 12
68	68
69	69	(2) “Emissions related repair” does not include adjustment, repair, or 13
70	70	replacement necessitated by tampering or misfueling. 14
71	71
72	72	[(f)] (E) (1) “Emissions standard” means a requirement that limits the 15
73	73	quantity, quality, rate, or concentration of emissions from a motor vehicle. 16
74	74
75	75	(2) “Emissions standard” includes a requirement that relates to the 17
76	76	operation or maintenance of a motor vehicle to assure continuous emissions reduction. 18
77	77
78	78	[(g)] (F) “Exhaust emissions test” means the sampling and measurement of 19
79	79	certain components of motor vehicle exhaust to determine whether the motor vehicle is in 20
80	80	compliance with an emissions standard. 21
81	81
82	82	[(h)] (G) “Misfueling” means the introduction of leaded fuel into a motor vehicle 22
83	83	designed by the motor vehicle manufacturer to use unleaded fuel. 23
84	84
85	85	[(i)] (H) “Secretary” means the Secretary of the Environment. 24
86	86
87	87	23–202. 25
88	88
89	89	(a) (1) [Subject to subsection (d) of this section, the] THE Administration and 26
90	90	the Secretary shall establish an emissions control program in the State in accordance with 27
91	91	the federal Clean Air Act. 28
92	92
93	93	(2) The program shall remain in effect only as long as required by federal 29
94	94	law. 30
95	95
96	96	(b) (1) Subject to [paragraph (3)] PARAGRAPHS (3) AND (4) of this 31 HOUSE BILL 1079 3
97	97
98	98
99	99	subsection, the emissions control program shall provide for a biennial exhaust emissions 1
100	100	test [and emissions equipment and misfueling inspection] for all vehicles of the 1977 model 2
101	101	year and each model year thereafter. 3
102	102
103	103	(2) The emissions control program may not authorize an exhaust emissions 4
104	104	test [or emissions equipment and misfueling inspection] for any vehicle of a model year 5
105	105	earlier than the 1977 model year. 6
106	106
107	107	(3) (i) In this paragraph, “qualified hybrid vehicle” means an 7
108	108	automobile that: 8
109	109
110	110	1. Meets all applicable regulatory requirements; 9
111	111
112	112	2. Meets the current vehicle exhaust standard set under the 10
113	113	federal Tier 2 program for gasoline–powered passenger cars under 40 C.F.R. Part 80 et seq.; 11
114	114	and 12
115	115
116	116	3. Can draw propulsion energy from both of the following 13
117	117	sources of stored energy: 14
118	118
119	119	A. Gasoline or diesel fuel; and 15
120	120
121	121	B. A rechargeable energy storage system. 16
122	122
123	123	(ii) A qualified hybrid vehicle is not required to submit to a first 17
124	124	exhaust emissions test [and emissions equipment and misfueling inspection] until THE 18
125	125	LATER OF: 19
126	126
127	127	1. 3 years after the date on which the vehicle was first 20
128	128	registered in the State; OR 21
129	129
130	130	2. THE YEAR THAT THE VEH ICLE IS 7 MODEL YEARS OLD . 22
131	131
132	132	(4) BEGINNING ON A DATE D ETERMINED BY THE ADMINISTRATION 23
133	133	AND THE SECRETARY, THE EMISSIONS CONTRO L PROGRAM SHALL PROV IDE FOR A 24
134	134	BIENNIAL EXHAUST EMI SSIONS TEST ONLY ON VEHICLES THAT ARE : 25
135	135
136	136	(I) EQUIPPED WITH AN ON–BOARD DIAGNOSTIC II SYSTEM; 26
137	137	AND 27
138	138
139	139	(II) 7 MODEL YEARS OLD AND OLDER. 28
140	140
141	141	(c) By [rules and regulations] REGULATION , the Administration and the 29
142	142	Secretary: 30
143	143	4 HOUSE BILL 1079
144	144
145	145
146	146	(1) Shall grant a waiver to a vehicle owner if: 1
147	147
148	148	(i) The vehicle fails to pass the exhaust emissions test; 2
149	149
150	150	(ii) The vehicle owner exhibits evidence acceptable to the 3
151	151	Administration that the owner[, for an initial exhaust emissions test occurring: 4
152	152
153	153	1. In calendar years 1998 through 1999 has actually incurred 5
154	154	an expenditure of $150 towards emissions related repairs to the vehicle within 60 days after 6
155	155	the initial exhaust emissions test; 7
156	156
157	157	2. In calendar years 2000 through 2001 has actually incurred 8
158	158	an expenditure towards emissions related repairs to the vehicle within 120 days after the 9
159	159	initial exhaust emissions test in an amount of: 10
160	160
161	161	A. $200 for vehicles of model years 1990 and older; 11
162	162
163	163	B. $300 for vehicles of model years 1991 through 1997; or 12
164	164
165	165	C. $450 for vehicles of model years 1998 and newer; and 13
166	166
167	167	3. On or after January 1, 2002,] has actually incurred an 14
168	168	expenditure of $450 towards emissions related repairs to the vehicle within 120 days after 15
169	169	the exhaust emissions test; 16
170	170
171	171	(iii) The vehicle fails a retest, except that if the vehicle owner has 17
172	172	exhibited evidence acceptable to the Administration that the vehicle owner actually 18
173	173	incurred the minimum expenditure as required under item (ii) of this item for the emissions 19
174	174	related repair to the vehicle within 30 days before the initial exhaust emissions test or the 20
175	175	period allowed under federal law, whichever is longer, a retest is not required; and 21
176	176
177	177	(iv) The vehicle owner exhibits evidence that the emissions related 22
178	178	repairs qualifying for a waiver under items (ii) and (iii) of this item were performed by a 23
179	179	repair technician and at a repair facility both certified under item (4) of this subsection; 24
180	180
181	181	(2) Notwithstanding the provisions of this section, may not grant a waiver 25
182	182	if it is found [in the testing process] that factory–installed emissions equipment has been 26
183	183	tampered with or removed, or that the vehicle has been misfueled; 27
184	184
185	185	(3) Unless otherwise prohibited by federal law, may grant additional 28
186	186	waivers to extend the time for compliance in cases of financial hardship or for unusual 29
187	187	circumstances; 30
188	188
189	189	(4) Shall establish criteria to certify repair technicians and facilities for the 31
190	190	purpose of bringing vehicles into compliance with the applicable emissions standards, 32
191	191	including the payment of reasonable fees to cover the costs of administering and overseeing 33
192	192	the certification program; 34 HOUSE BILL 1079 5
193	193
194	194
195	195
196	196	(5) May provide for the suspension, revocation, or denial of renewal of the 1
197	197	certification of a repair technician or facility upon evidence that vehicles repaired by that 2
198	198	technician or facility for the purpose of bringing them into compliance with the applicable 3
199	199	emissions standards have repeatedly failed tests or retests and the Administration and the 4
200	200	Secretary have clear and convincing evidence the repair technician or facility is not meeting 5
201	201	satisfactory performance standards; 6
202	202
203	203	(6) [Shall define the inspection parameters for the emissions equipment 7
204	204	and misfueling inspection; 8
205	205
206	206	(7)] Shall adopt a schedule for the exhaust emissions test; AND 9
207	207
208	208	[(8) Shall adopt a schedule for the emissions equipment and misfueling 10
209	209	inspections; and 11
210	210
211	211	(9)] (7) Shall establish, under Title 2 of the Environment Article, 12
212	212	emissions standards to be used for the exhaust emissions tests [and emissions equipment 13
213	213	and misfueling inspections] of motor vehicles under this subtitle. 14
214	214
215	215	[(d) (1) Notwithstanding subsection (c)(6) of this section or any other provision 15
216	216	of law, during the period from January 1, 1995 through May 31, 1997, the emissions control 16
217	217	program established under this subtitle may not require for any vehicle other than a 17
218	218	State–owned vehicle or, to the extent authorized by federal law, a federally owned vehicle: 18
219	219
220	220	(i) Transient mass–emission testing using the IM 240 driving cycle 19
221	221	referenced under 40 C.F.R. Part 51; 20
222	222
223	223	(ii) An evaporative system integrity (pressure) test or an evaporative 21
224	224	system transient purge test that requires the disconnection or manipulation of any engine 22
225	225	component, including any hose or emissions equipment, that is located in the vehicle’s 23
226	226	engine compartment; 24
227	227
228	228	(iii) Removal of the driver from a vehicle being tested or inspected; or 25
229	229
230	230	(iv) On–road testing. 26
231	231
232	232	(2) (i) The Administration, in consultation with the Secretary, shall 27
233	233	develop and offer to owners of vehicles subject to the emissions control program an incentive 28
234	234	program designed to encourage voluntary submission to the test described in paragraph 29
235	235	(1)(i) of this subsection. 30
236	236
237	237	(ii) Notwithstanding the provisions of § 23–205(a)(2) of this subtitle 31
238	238	and subsection (c)(1) of this section, the incentives offered under this paragraph may 32
239	239	include reduced test fees, flexible test schedules, the waiver of late fees, the reduction of 33
240	240	expenditures incurred for emissions related repairs necessary to obtain a waiver, and any 34 6 HOUSE BILL 1079
241	241
242	242
243	243	other cost–effective incentive that is consistent with State and federal law and is 1
244	244	reasonably expected by the Administration to increase the number of vehicles that undergo 2
245	245	the test described in paragraph (1)(i) of this subsection. 3
246	246
247	247	(iii) 1. The Administration shall notify vehicle owners of the 4
248	248	opportunity to voluntarily submit a vehicle to the testing described in subparagraph (i) of 5
249	249	this paragraph. 6
250	250
251	251	2. The notice required under this subparagraph shall be: 7
252	252
253	253	A. Prominently displayed at all emissions inspection 8
254	254	facilities; and 9
255	255
256	256	B. Included by the Administration in test notices and other 10
257	257	mailings related to the emissions control program that are directed to vehicle owners.] 11
258	258
259	259	23–203. 12
260	260
261	261	(a) (1) By [rules and regulations] REGULATION , the Administration and the 13
262	262	Secretary shall provide for the establishment of facilities to conduct any tests or inspections 14
263	263	required to be performed under this subtitle. 15
264	264
265	265	(2) If the Administration and the Secretary determine that the system can 16
266	266	be installed and operated more effectively and economically by an independent contractor 17
267	267	than if installed and operated by the Administration and the Secretary, the Administration 18
268	268	and the Secretary may award the installation and operation of the inspection facilities to 19
269	269	an independent contractor selected in accordance with the bidding procedures established 20
270	270	by the laws of this State. 21
271	271
272	272	(3) (i) If, on or after July 1, 1991, the Administration and Secretary are 22
273	273	required by federal law to extend the emissions control program to additional areas of the 23
274	274	State and the Administration and Secretary determine that the inspection facilities can be 24
275	275	installed and operated more effectively and economically by one or more independent 25
276	276	contractors than if installed and operated by the Administration and Secretary, the 26
277	277	Administration and Secretary may: 27
278	278
279	279	1. Award the installation and operation of the inspection 28
280	280	facilities to one independent contractor for the installation and operation of all inspection 29
281	281	facilities in this State; or 30
282	282
283	283	2. Create separate regions of the areas of the State required 31
284	284	to participate in an emissions control program for the purpose of separately awarding 32
285	285	contracts for the installation and operation of the inspection facilities required for each 33
286	286	region to one or more independent contractors. 34
287	287
288	288	(ii) All independent contractors shall be selected in accordance with 35
289	289	the procedures established under the State Finance and Procurement Article. 36 HOUSE BILL 1079 7
290	290
291	291
292	292
293	293	(iii) The Administration and the Secretary may establish a statewide 1
294	294	centralized or decentralized program or any combination of centralized and decentralized 2
295	295	programs in separate regions of the State. 3
296	296
297	297	(b) If the program is awarded to an independent contractor to operate centralized 4
298	298	inspection facilities, the CENTRALIZED facilities shall be provided, equipped, and 5
299	299	maintained by the independent contractor, and the operating personnel of the facilities 6
300	300	shall be employees of the contractor, and not of the State, and the contractor may not 7
301	301	perform emissions related repairs as defined in § 23–201 of this subtitle. 8
302	302
303	303	(c) The Administration and the Secretary [shall] MAY determine[, on or before 9
304	304	March 1, 1998,] whether the following criteria for establishing a decentralized [retesting] 10
305	305	EXHAUST EMISSIONS TE STING program have been satisfied: 11
306	306
307	307	(1) Testing equipment and procedures, yielding results that correlate to 12
308	308	tests and inspections performed at centralized inspection facilities in the State within 95% 13
309	309	accuracy or within a different degree of accuracy approved by the Administration and the 14
310	310	Secretary, are feasible for use in certified repair facilities approved for [retesting] THE 15
311	311	TESTING of vehicles; and 16
312	312
313	313	(2) The establishment of a decentralized [retesting] TESTING option in the 17
314	314	State does not result in a loss of emissions reduction benefits to the State under the federal 18
315	315	Clean Air Act. 19
316	316
317	317	(d) If the Administration and the Secretary determine that the criteria listed in 20
318	318	subsection (c) of this section have not been met in a given year, they [shall] MAY 21
319	319	determine[, on or before March 1 of the succeeding year,] whether the criteria have been 22
320	320	satisfied in [the intervening period] A SUBSEQUENT YEAR . 23
321	321
322	322	(e) Notwithstanding subsections (a) and (b) of this section, if the program is 24
323	323	awarded to an independent contractor to operate centralized inspection facilities and if the 25
324	324	Administration and the Secretary have determined that the criteria listed in subsection (c) 26
325	325	of this section have been satisfied, the Administration and the Secretary shall propose 27
326	326	regulations to: 28
327	327
328	328	(1) Allow the owner of a vehicle that [fails an exhaust emissions test or 29
329	329	emissions equipment and misfueling inspection at a centralized inspection facility] IS 30
330	330	SUBJECT TO THE EXHAU ST EMISSIONS TEST to have the vehicle [retested] TESTED at 31
331	331	either a centralized inspection facility or an approved certified repair facility; 32
332	332
333	333	(2) Allow a certified repair facility to [retest] TEST vehicles if approved for 33
334	334	that purpose by the Department of the Environment; 34
335	335
336	336	(3) [Require the initial exhaust emissions test and emissions equipment 35
337	337	and misfueling inspection in each biennial test cycle to be performed at a centralized 36 8 HOUSE BILL 1079
338	338
339	339
340	340	inspection facility; 1
341	341
342	342	(4)] Establish criteria for testing equipment, procedures, and reporting of 2
343	343	[retests] TESTS for approved certified repair facilities; 3
344	344
345	345	[(5)] (4) Provide for the suspension, revocation, or denial of renewal of 4
346	346	approval for a certified repair facility to perform [retests] TESTS if the Secretary, or the 5
347	347	Secretary’s designee, determines that the facility has performed fraudulent [retests] 6
348	348	TESTS or is not in compliance with the regulations adopted under this subsection; and 7
349	349
350	350	[(6)] (5) Establish a reasonable fee for approval of a certified repair 8
351	351	facility to perform [retests] TESTS, covering the costs of the approvals and oversight of the 9
352	352	decentralized [retesting] TESTING program. 10
353	353
354	354	(F) THE ADMINISTRATION MAY CL OSE A CENTRALIZED TE ST FACILITY IF: 11
355	355
356	356	(1) THE TEST VOLUME AT TH E TEST FACILITY FALLS BELOW A 12
357	357	THRESHOLD ESTABLISHE D BY THE ADMINISTRATION ; AND 13
358	358
359	359	(2) THE ADMINISTRATION DETERM INES THERE ARE AN AD EQUATE 14
360	360	AMOUNT OF DECENTRALI ZED TEST FACILITIES IN THE AREA TO SERVE VEHICLE 15
361	361	OWNERS WHO ARE SUBJE CT TO THE TEST. 16
362	362
363	363	23–204. 17
364	364
365	365	The facilities established or approved under § 23–203 of this subtitle shall conduct 18
366	366	the exhaust emissions tests [and emissions equipment and misfueling inspections] of motor 19
367	367	vehicles to determine whether each vehicle complies with emissions standards established 20
368	368	under this subtitle for that vehicle. 21
369	369
370	370	23–205. 22
371	371
372	372	(a) (1) Subject to paragraph (2) of this subsection, the Administration and the 23
373	373	Secretary shall set the fee to be charged for each vehicle to be inspected and tested by a 24
374	374	facility. 25
375	375
376	376	(2) (I) [The] SUBJECT TO SUBPARAGRAPH (II) OF THIS 26
377	377	PARAGRAPH , THE fee established under this subsection[: 27
378	378
379	379	(i) During the period from January 1, 1995 through May 31, 1997, 28
380	380	may not exceed $12; and 29
381	381
382	382	(ii) During the period after May 31, 1997,] may not exceed $14. 30
383	383
384	384	(II) A DECENTRALIZED TEST F ACILITY MAY CHARGE A 31 HOUSE BILL 1079 9
385	385
386	386
387	387	CUSTOMER CONVENIENCE FEE APPROVED BY THE ADMINISTRATION IN ADDITION 1
388	388	TO THE INSPECTION FE E. 2
389	389
390	390	(b) The fee shall be collected in a manner established by the Administration and 3
391	391	the Secretary. 4
392	392
393	393	(c) A specific portion of the fee shall be paid to or retained by the Administration 5
394	394	to cover the cost of administration and enforcement of the emissions control program, as 6
395	395	provided in the contract between the contractor and the State. 7
396	396
397	397	23–206. 8
398	398
399	399	(a) An owner of a motor vehicle that is registered in this State shall have the 9
400	400	vehicle inspected and tested as required under this subtitle. 10
401	401
402	402	(b) A motor vehicle registered in this State, unless exempted or given a waiver 11
403	403	under this subtitle, shall meet the standards and requirements of this subtitle. 12
404	404
405	405	(c) [Notwithstanding any rule or regulation to the contrary, the] THE owner of 13
406	406	any gasoline powered motor vehicle registered under § 13–916 of this article[, with a 14
407	407	maximum gross weight up to and including 26,000 pounds, ] shall have the vehicle 15
408	408	inspected and tested as required under this subtitle IF THE MOTOR VEHICLE : 16
409	409
410	410	(1) HAS A MAXIMUM GROSS W EIGHT NOT EXCEEDING 26,000 POUNDS; 17
411	411	AND 18
412	412
413	413	(2) IS EQUIPPED WITH AN ON–BOARD DIAGNOSTIC II SYSTEM. 19
414	414
415	415	23–207. 20
416	416
417	417	The Administration and the Secretary may jointly adopt [rules and] regulations as 21
418	418	required for purposes of implementation, administration, regulation, and enforcement of 22
419	419	the provisions of this subtitle, including rules and regulations that, consistent with federal 23
420	420	law, exempt certain vehicles from the inspections and tests under this subtitle. 24
421	421
422	422	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
423	423	October 1, 2022. 26