PRINTER'S NO. 1394
No. 1025 Session of 2005
INTRODUCED BY MADIGAN, M. WHITE, BRIGHTBILL, STOUT, PICCOLA,
PUNT, PILEGGI, LAVALLE, EARLL, THOMPSON, ORIE, WOZNIAK,
SCARNATI, CORMAN, WAUGH AND RHOADES, NOVEMBER 23, 2005
REFERRED TO TRANSPORTATION, NOVEMBER 23, 2005
AN ACT
1 Limiting the authority of the Environmental Quality Board over
2 the Pennsylvania Clean Cars Program; and abrogating a
3 regulation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Pennsylvania
8 Clean Cars Program Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Board." The Environmental Quality Board.
14 "Department." The Department of Environmental Protection of
15 the Commonwealth.
16 Section 3. Establishment of vehicle standard.
17 The Commonwealth hereby establishes a low emission vehicle
18 program standard which is wholly consistent with the
1 Environmental Protection Agency standard entitled Control of Air
2 Pollution From New Motor Vehicles: Tier 2 Motor Vehicle
3 Emissions Standards and Gasoline Sulfur Control Requirements and
4 set forth at 40 CFR Pts. 80 (relating to regulation of fuels and
5 fuel additives), 85 (relating to control of air pollution from
6 mobile sources) and 86 (relating to control of emissions from
7 new and in-use highway vehicles and engines).
8 Section 4. Prohibition.
9 The department and the board shall not adopt the low emission
10 vehicle standard established by the State of California.
11 Section 5. Abrogation of regulation.
12 The provisions of 25 Pa. Code Ch. 126 Subch. D (relating to
13 new motor vehicle emissions control program) are abrogated to
14 the extent they are inconsistent with this act.
15 Section 6. Federal approval.
16 The board, the department and all appropriate executive
17 authorities shall, as expeditiously as possible, seek and obtain
18 necessary approvals by the Environmental Protection Agency for a
19 State implementation plan revision. Upon receipt of all of the
20 necessary approvals, the Secretary of the Commonwealth shall
21 transmit notice of the receipt to the Legislative Reference
22 Bureau for publication in the Pennsylvania Bulletin.
23 Section 10. Effective date.
24 This act shall take effect as follows:
25 (1) The following sections shall take effect
26 immediately:
27 (i) Section 5.
28 (ii) This section.
29 (2) The remainder of this act shall take effect upon
30 publication of the notice under section 6.
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