EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb1079*
HOUSE BILL 1079
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CF 2lr3101
By: Delegates Barve and Stein
Introduced and read first time: February 10, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Vehicle Emissions Inspection Program – Standards, Requirements, and 2
Application 3
FOR the purpose of requiring, beginning on a date determined by the Motor Vehicle 4
Administration and the Secretary of the Environment, the Vehicle Emissions 5
Inspection Program to provide for a biennial exhaust emissions test only on vehicles 6
that are equipped in a certain manner and are at least a certain age in model years; 7
repealing the requirement that the emissions equipment and misfueling inspection 8
be performed under the Program; altering the grace period for qualified hybrid 9
vehicles under the Program; altering the circumstances under which certain findings 10
prohibit the grant of a waiver from Program requirements; authorizing a vehicle 11
owner to take the biennial exhaust emissions test at an approved certified repair 12
facility; authorizing a certified repair facility to charge a certain additional fee 13
approved by the Administration for performing an exhaust emissions test under the 14
Program; authorizing the Administration to close centralized test facilities operated 15
under the Program under certain circumstances; and generally relating to standards 16
and requirements for and the application of the Vehicle Emissions Inspection 17
Program. 18
BY repealing and reenacting, with amendments, 19
Article – Transportation 20
Section 23–201 through 23–206 and 23–207 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2021 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Transportation 26
23–201. 27 2 HOUSE BILL 1079
(a) In this subtitle the following words have the meanings indicated. 1
(b) “Emissions control program” means the program requiring and implementing 2
the exhaust emissions test and the emissions equipment and misfueling inspection. 3
(c) “Emissions equipment” means any emissions control device that has been 4
installed on a motor vehicle by a manufacturer of motor vehicles. 5
(d) [“Emissions equipment and misfueling inspection” means an inspection to 6
verify the presence of required emissions equipment and an inspection to determine that 7
the vehicle has not been misfueled. 8
(e)] (1) “Emissions related repair” means the inspection, adjustment, repair, or 9
replacement of motor vehicle engine systems, subsystems, or components as necessary to 10
bring a motor vehicle into compliance with emissions standards adopted in accordance with 11
the provisions of this subtitle. 12
(2) “Emissions related repair” does not include adjustment, repair, or 13
replacement necessitated by tampering or misfueling. 14
[(f)] (E) (1) “Emissions standard” means a requirement that limits the 15
quantity, quality, rate, or concentration of emissions from a motor vehicle. 16
(2) “Emissions standard” includes a requirement that relates to the 17
operation or maintenance of a motor vehicle to assure continuous emissions reduction. 18
[(g)] (F) “Exhaust emissions test” means the sampling and measurement of 19
certain components of motor vehicle exhaust to determine whether the motor vehicle is in 20
compliance with an emissions standard. 21
[(h)] (G) “Misfueling” means the introduction of leaded fuel into a motor vehicle 22
designed by the motor vehicle manufacturer to use unleaded fuel. 23
[(i)] (H) “Secretary” means the Secretary of the Environment. 24
23–202. 25
(a) (1) [Subject to subsection (d) of this section, the] THE Administration and 26
the Secretary shall establish an emissions control program in the State in accordance with 27
the federal Clean Air Act. 28
(2) The program shall remain in effect only as long as required by federal 29
law. 30
(b) (1) Subject to [paragraph (3)] PARAGRAPHS (3) AND (4) of this 31 HOUSE BILL 1079 3
subsection, the emissions control program shall provide for a biennial exhaust emissions 1
test [and emissions equipment and misfueling inspection] for all vehicles of the 1977 model 2
year and each model year thereafter. 3
(2) The emissions control program may not authorize an exhaust emissions 4
test [or emissions equipment and misfueling inspection] for any vehicle of a model year 5
earlier than the 1977 model year. 6
(3) (i) In this paragraph, “qualified hybrid vehicle” means an 7
automobile that: 8
1. Meets all applicable regulatory requirements; 9
2. Meets the current vehicle exhaust standard set under the 10
federal Tier 2 program for gasoline–powered passenger cars under 40 C.F.R. Part 80 et seq.; 11
and 12
3. Can draw propulsion energy from both of the following 13
sources of stored energy: 14
A. Gasoline or diesel fuel; and 15
B. A rechargeable energy storage system. 16
(ii) A qualified hybrid vehicle is not required to submit to a first 17
exhaust emissions test [and emissions equipment and misfueling inspection] until THE 18
LATER OF: 19
1. 3 years after the date on which the vehicle was first 20
registered in the State; OR 21
2. THE YEAR THAT THE VEH ICLE IS 7 MODEL YEARS OLD . 22
(4) BEGINNING ON A DATE D ETERMINED BY THE ADMINISTRATION 23
AND THE SECRETARY, THE EMISSIONS CONTRO L PROGRAM SHALL PROV IDE FOR A 24
BIENNIAL EXHAUST EMI SSIONS TEST ONLY ON VEHICLES THAT ARE : 25
(I) EQUIPPED WITH AN ON–BOARD DIAGNOSTIC II SYSTEM; 26
AND 27
(II) 7 MODEL YEARS OLD AND OLDER. 28
(c) By [rules and regulations] REGULATION , the Administration and the 29
Secretary: 30
4 HOUSE BILL 1079
(1) Shall grant a waiver to a vehicle owner if: 1
(i) The vehicle fails to pass the exhaust emissions test; 2
(ii) The vehicle owner exhibits evidence acceptable to the 3
Administration that the owner[, for an initial exhaust emissions test occurring: 4
1. In calendar years 1998 through 1999 has actually incurred 5
an expenditure of $150 towards emissions related repairs to the vehicle within 60 days after 6
the initial exhaust emissions test; 7
2. In calendar years 2000 through 2001 has actually incurred 8
an expenditure towards emissions related repairs to the vehicle within 120 days after the 9
initial exhaust emissions test in an amount of: 10
A. $200 for vehicles of model years 1990 and older; 11
B. $300 for vehicles of model years 1991 through 1997; or 12
C. $450 for vehicles of model years 1998 and newer; and 13
3. On or after January 1, 2002,] has actually incurred an 14
expenditure of $450 towards emissions related repairs to the vehicle within 120 days after 15
the exhaust emissions test; 16
(iii) The vehicle fails a retest, except that if the vehicle owner has 17
exhibited evidence acceptable to the Administration that the vehicle owner actually 18
incurred the minimum expenditure as required under item (ii) of this item for the emissions 19
related repair to the vehicle within 30 days before the initial exhaust emissions test or the 20
period allowed under federal law, whichever is longer, a retest is not required; and 21
(iv) The vehicle owner exhibits evidence that the emissions related 22
repairs qualifying for a waiver under items (ii) and (iii) of this item were performed by a 23
repair technician and at a repair facility both certified under item (4) of this subsection; 24
(2) Notwithstanding the provisions of this section, may not grant a waiver 25
if it is found [in the testing process] that factory–installed emissions equipment has been 26
tampered with or removed, or that the vehicle has been misfueled; 27
(3) Unless otherwise prohibited by federal law, may grant additional 28
waivers to extend the time for compliance in cases of financial hardship or for unusual 29
circumstances; 30
(4) Shall establish criteria to certify repair technicians and facilities for the 31
purpose of bringing vehicles into compliance with the applicable emissions standards, 32
including the payment of reasonable fees to cover the costs of administering and overseeing 33
the certification program; 34 HOUSE BILL 1079 5
(5) May provide for the suspension, revocation, or denial of renewal of the 1
certification of a repair technician or facility upon evidence that vehicles repaired by that 2
technician or facility for the purpose of bringing them into compliance with the applicable 3
emissions standards have repeatedly failed tests or retests and the Administration and the 4
Secretary have clear and convincing evidence the repair technician or facility is not meeting 5
satisfactory performance standards; 6
(6) [Shall define the inspection parameters for the emissions equipment 7
and misfueling inspection; 8
(7)] Shall adopt a schedule for the exhaust emissions test; AND 9
[(8) Shall adopt a schedule for the emissions equipment and misfueling 10
inspections; and 11
(9)] (7) Shall establish, under Title 2 of the Environment Article, 12
emissions standards to be used for the exhaust emissions tests [and emissions equipment 13
and misfueling inspections] of motor vehicles under this subtitle. 14
[(d) (1) Notwithstanding subsection (c)(6) of this section or any other provision 15
of law, during the period from January 1, 1995 through May 31, 1997, the emissions control 16
program established under this subtitle may not require for any vehicle other than a 17
State–owned vehicle or, to the extent authorized by federal law, a federally owned vehicle: 18
(i) Transient mass–emission testing using the IM 240 driving cycle 19
referenced under 40 C.F.R. Part 51; 20
(ii) An evaporative system integrity (pressure) test or an evaporative 21
system transient purge test that requires the disconnection or manipulation of any engine 22
component, including any hose or emissions equipment, that is located in the vehicle’s 23
engine compartment; 24
(iii) Removal of the driver from a vehicle being tested or inspected; or 25
(iv) On–road testing. 26
(2) (i) The Administration, in consultation with the Secretary, shall 27
develop and offer to owners of vehicles subject to the emissions control program an incentive 28
program designed to encourage voluntary submission to the test described in paragraph 29
(1)(i) of this subsection. 30
(ii) Notwithstanding the provisions of § 23–205(a)(2) of this subtitle 31
and subsection (c)(1) of this section, the incentives offered under this paragraph may 32
include reduced test fees, flexible test schedules, the waiver of late fees, the reduction of 33
expenditures incurred for emissions related repairs necessary to obtain a waiver, and any 34 6 HOUSE BILL 1079
other cost–effective incentive that is consistent with State and federal law and is 1
reasonably expected by the Administration to increase the number of vehicles that undergo 2
the test described in paragraph (1)(i) of this subsection. 3
(iii) 1. The Administration shall notify vehicle owners of the 4
opportunity to voluntarily submit a vehicle to the testing described in subparagraph (i) of 5
this paragraph. 6
2. The notice required under this subparagraph shall be: 7
A. Prominently displayed at all emissions inspection 8
facilities; and 9
B. Included by the Administration in test notices and other 10
mailings related to the emissions control program that are directed to vehicle owners.] 11
23–203. 12
(a) (1) By [rules and regulations] REGULATION , the Administration and the 13
Secretary shall provide for the establishment of facilities to conduct any tests or inspections 14
required to be performed under this subtitle. 15
(2) If the Administration and the Secretary determine that the system can 16
be installed and operated more effectively and economically by an independent contractor 17
than if installed and operated by the Administration and the Secretary, the Administration 18
and the Secretary may award the installation and operation of the inspection facilities to 19
an independent contractor selected in accordance with the bidding procedures established 20
by the laws of this State. 21
(3) (i) If, on or after July 1, 1991, the Administration and Secretary are 22
required by federal law to extend the emissions control program to additional areas of the 23
State and the Administration and Secretary determine that the inspection facilities can be 24
installed and operated more effectively and economically by one or more independent 25
contractors than if installed and operated by the Administration and Secretary, the 26
Administration and Secretary may: 27
1. Award the installation and operation of the inspection 28
facilities to one independent contractor for the installation and operation of all inspection 29
facilities in this State; or 30
2. Create separate regions of the areas of the State required 31
to participate in an emissions control program for the purpose of separately awarding 32
contracts for the installation and operation of the inspection facilities required for each 33
region to one or more independent contractors. 34
(ii) All independent contractors shall be selected in accordance with 35
the procedures established under the State Finance and Procurement Article. 36 HOUSE BILL 1079 7
(iii) The Administration and the Secretary may establish a statewide 1
centralized or decentralized program or any combination of centralized and decentralized 2
programs in separate regions of the State. 3
(b) If the program is awarded to an independent contractor to operate centralized 4
inspection facilities, the CENTRALIZED facilities shall be provided, equipped, and 5
maintained by the independent contractor, and the operating personnel of the facilities 6
shall be employees of the contractor, and not of the State, and the contractor may not 7
perform emissions related repairs as defined in § 23–201 of this subtitle. 8
(c) The Administration and the Secretary [shall] MAY determine[, on or before 9
March 1, 1998,] whether the following criteria for establishing a decentralized [retesting] 10
EXHAUST EMISSIONS TE STING program have been satisfied: 11
(1) Testing equipment and procedures, yielding results that correlate to 12
tests and inspections performed at centralized inspection facilities in the State within 95% 13
accuracy or within a different degree of accuracy approved by the Administration and the 14
Secretary, are feasible for use in certified repair facilities approved for [retesting] THE 15
TESTING of vehicles; and 16
(2) The establishment of a decentralized [retesting] TESTING option in the 17
State does not result in a loss of emissions reduction benefits to the State under the federal 18
Clean Air Act. 19
(d) If the Administration and the Secretary determine that the criteria listed in 20
subsection (c) of this section have not been met in a given year, they [shall] MAY 21
determine[, on or before March 1 of the succeeding year,] whether the criteria have been 22
satisfied in [the intervening period] A SUBSEQUENT YEAR . 23
(e) Notwithstanding subsections (a) and (b) of this section, if the program is 24
awarded to an independent contractor to operate centralized inspection facilities and if the 25
Administration and the Secretary have determined that the criteria listed in subsection (c) 26
of this section have been satisfied, the Administration and the Secretary shall propose 27
regulations to: 28
(1) Allow the owner of a vehicle that [fails an exhaust emissions test or 29
emissions equipment and misfueling inspection at a centralized inspection facility] IS 30
SUBJECT TO THE EXHAU ST EMISSIONS TEST to have the vehicle [retested] TESTED at 31
either a centralized inspection facility or an approved certified repair facility; 32
(2) Allow a certified repair facility to [retest] TEST vehicles if approved for 33
that purpose by the Department of the Environment; 34
(3) [Require the initial exhaust emissions test and emissions equipment 35
and misfueling inspection in each biennial test cycle to be performed at a centralized 36 8 HOUSE BILL 1079
inspection facility; 1
(4)] Establish criteria for testing equipment, procedures, and reporting of 2
[retests] TESTS for approved certified repair facilities; 3
[(5)] (4) Provide for the suspension, revocation, or denial of renewal of 4
approval for a certified repair facility to perform [retests] TESTS if the Secretary, or the 5
Secretary’s designee, determines that the facility has performed fraudulent [retests] 6
TESTS or is not in compliance with the regulations adopted under this subsection; and 7
[(6)] (5) Establish a reasonable fee for approval of a certified repair 8
facility to perform [retests] TESTS, covering the costs of the approvals and oversight of the 9
decentralized [retesting] TESTING program. 10
(F) THE ADMINISTRATION MAY CL OSE A CENTRALIZED TE ST FACILITY IF: 11
(1) THE TEST VOLUME AT TH E TEST FACILITY FALLS BELOW A 12
THRESHOLD ESTABLISHE D BY THE ADMINISTRATION ; AND 13
(2) THE ADMINISTRATION DETERM INES THERE ARE AN AD EQUATE 14
AMOUNT OF DECENTRALI ZED TEST FACILITIES IN THE AREA TO SERVE VEHICLE 15
OWNERS WHO ARE SUBJE CT TO THE TEST. 16
23–204. 17
The facilities established or approved under § 23–203 of this subtitle shall conduct 18
the exhaust emissions tests [and emissions equipment and misfueling inspections] of motor 19
vehicles to determine whether each vehicle complies with emissions standards established 20
under this subtitle for that vehicle. 21
23–205. 22
(a) (1) Subject to paragraph (2) of this subsection, the Administration and the 23
Secretary shall set the fee to be charged for each vehicle to be inspected and tested by a 24
facility. 25
(2) (I) [The] SUBJECT TO SUBPARAGRAPH (II) OF THIS 26
PARAGRAPH , THE fee established under this subsection[: 27
(i) During the period from January 1, 1995 through May 31, 1997, 28
may not exceed $12; and 29
(ii) During the period after May 31, 1997,] may not exceed $14. 30
(II) A DECENTRALIZED TEST F ACILITY MAY CHARGE A 31 HOUSE BILL 1079 9
CUSTOMER CONVENIENCE FEE APPROVED BY THE ADMINISTRATION IN ADDITION 1
TO THE INSPECTION FE E. 2
(b) The fee shall be collected in a manner established by the Administration and 3
the Secretary. 4
(c) A specific portion of the fee shall be paid to or retained by the Administration 5
to cover the cost of administration and enforcement of the emissions control program, as 6
provided in the contract between the contractor and the State. 7
23–206. 8
(a) An owner of a motor vehicle that is registered in this State shall have the 9
vehicle inspected and tested as required under this subtitle. 10
(b) A motor vehicle registered in this State, unless exempted or given a waiver 11
under this subtitle, shall meet the standards and requirements of this subtitle. 12
(c) [Notwithstanding any rule or regulation to the contrary, the] THE owner of 13
any gasoline powered motor vehicle registered under § 13–916 of this article[, with a 14
maximum gross weight up to and including 26,000 pounds, ] shall have the vehicle 15
inspected and tested as required under this subtitle IF THE MOTOR VEHICLE : 16
(1) HAS A MAXIMUM GROSS W EIGHT NOT EXCEEDING 26,000 POUNDS; 17
AND 18
(2) IS EQUIPPED WITH AN ON–BOARD DIAGNOSTIC II SYSTEM. 19
23–207. 20
The Administration and the Secretary may jointly adopt [rules and] regulations as 21
required for purposes of implementation, administration, regulation, and enforcement of 22
the provisions of this subtitle, including rules and regulations that, consistent with federal 23
law, exempt certain vehicles from the inspections and tests under this subtitle. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2022. 26