PRINTER'S NO. 4447
No. 3189 Session of 1994
INTRODUCED BY PETRONE, PRESTON AND GAMBLE, NOVEMBER 21, 1994
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 21, 1994
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, regulating emission inspections and reformulated
3 fuels.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 4706(b.1) and (c) and 4709(e) of Title
7 75 of the Pennsylvania Consolidated Statutes are amended to
8 read:
9 § 4706. Prohibition on expenditures for emission inspection
10 program.
11 * * *
12 (b.1) Further exception.--
13 (1) The provisions of subsection (a) shall not apply if
14 the secretary shall certify that a system is required to
15 comply with the Clean Air Act (Public Law 95-95, 42 U.S.C. §
16 7401 et seq.) and subsequent amendments or a final decree of
17 a Federal court and is necessary for the Commonwealth to
18 receive or avoid the loss of Federal funds, in which case the
1 department shall establish and administer an enhanced
2 emission inspection program. This program shall be
3 established in all areas of this Commonwealth where the
4 secretary certifies by publication in the Pennsylvania
5 Bulletin that a system is required in order to comply with
6 Federal law. Any area, counties, county or portion thereof
7 certified to be in the program by the secretary must be
8 mandated to be in the program by Federal law. If a petition
9 is required to be sent to the Federal Government in order for
10 any counties, county or portions of any county to be exempted
11 from the emission inspection program, the secretary shall
12 petition the Federal Government on behalf of any counties,
13 county or portion of any county that may qualify for an
14 exemption. In cases where more than one county within a
15 metropolitan statistical area may be exempted from the
16 emissions inspection program, the county with the lowest
17 population per square mile shall be exempted first. In cases
18 where only portions of one county may be exempted from the
19 emissions inspection program, the areas with the lowest
20 population per area of postal zip code coverage region shall
21 be exempted first. If the secretary establishes [a
22 centralized] an inspection program, the following limitations
23 shall be applicable:
24 (i) Vehicle emission inspection shall be on a
25 biennial basis.
26 (ii) No vehicle repairs or vehicle safety
27 inspections shall be performed at any [centralized]
28 emission inspection facility.
29 (iii) No contractor providing [centralized]
30 inspection shall own or have any business interest in any
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1 vehicle repair facility in this Commonwealth.
2 (iv) For the purposes of this chapter, the
3 department may issue a contract for a period of seven
4 years or more to the successful bidder for the
5 establishment and operation of a centralized program for
6 emissions testing.
7 (v) The department shall promulgate regulations for
8 the conduct, supervision and qualification of a
9 contractor, its principals, employees or agents providing
10 centralized emission testing which shall include a
11 schedule of offenses punishable by fine of up to $20,000
12 and shall make provision for the discipline, termination,
13 suspension and/or debarment of a contractor, its
14 principals, employees or agents for the violation of a
15 regulation pertaining to the emission testing program.
16 (2) At least 60 days prior to the implementation of any
17 enhanced emission inspection program developed under this
18 subsection, the Secretary of Transportation shall certify by
19 notice in the Pennsylvania Bulletin that an enhanced emission
20 inspection program will commence.
21 * * *
22 (c) Evidence of emission inspection.--
23 (1) The department shall issue evidence of emission
24 inspection through an official emission inspection station or
25 an authorized agent of the department, valid until the next
26 scheduled emission inspection, for a subject motor vehicle
27 which meets the following criteria:
28 (i) The subject vehicle has passed an inspection or
29 a reinspection performed by the emission inspection
30 station and all required emission control devices are
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1 installed.
2 (ii) The subject vehicle is exempt pursuant to the
3 provisions of section 4702(g) (relating to requirement
4 for periodic inspection of vehicles).
5 (2) When a subject vehicle has failed the emission
6 inspection test and continues to fail after the owner has
7 expended an amount at least equal to the total cost
8 limitation as provided in paragraph (3), the owner may apply
9 for a waiver. For the purpose of determining qualification
10 for a waiver, the cost of necessary repairs shall not include
11 the costs covered by any warranty, insurance policy or
12 prepaid maintenance agreement or the costs as referred to in
13 paragraph (4).
14 (3) The waiver limit shall be the minimum required by
15 Federal law. The costs mandated by this subsection do not
16 include any costs recoverable under warranty, insurance
17 policy or prepaid maintenance agreement.
18 (4) Any expenses incurred in the repair of emission
19 control devices found to be tampered with or rendered
20 inoperative or which are not installed shall not be included
21 in the total cost limitation of paragraph (3).
22 (5) It is unlawful to operate a subject vehicle without
23 evidence of emission inspection or certification by an
24 authorized agent, provided that it shall be lawful for a
25 motor vehicle to be operated by the vehicle owner while en
26 route to an emissions inspection station or to a vehicle
27 repair facility where an appointment for emissions-related
28 repairs has been scheduled and, provided further, that such
29 operation occurs no later than ten days after the expiration
30 of valid evidence of emission inspection issued under this
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1 title.
2 (6) Subject vehicles presented for emission inspection
3 after the assigned emission inspection deadline shall be
4 charged $10 for each month or portion thereof past the due
5 date in addition to the emission inspection fee, except as
6 provided in regulations promulgated by the department.
7 (7) Emission inspections performed at a centralized
8 inspection site shall be valid for a period of two years and
9 the fee shall be $17.
10 (8) Emission inspections performed at a decentralized
11 inspection site shall be valid for a period of one year and
12 the fee shall be $22.
13 * * *
14 § 4709. Low-Emissions Vehicle Commission.
15 * * *
16 (e) Reformulated motor fuels.--
17 (1) No department, board or commission shall adopt
18 regulations mandating the sale or use of reformulated motor
19 fuels which comply with any specifications for reformulated
20 motor fuels prescribed by the State of California under 42
21 U.S.C. § 7545(c)(4)(B).
22 (2) The Secretary of Revenue shall audit increases in
23 motor fuel prices and the tax imposed on upon liquid fuels by
24 the act of May 21, 1931 (P.L.149, No.105), known as The
25 Liquid Fuels Tax Act, shall be reduced proportionally to the
26 percentage increase in the amount of motor fuel prices due to
27 reformulated motor fuel specifications.
28 Section 2. This act shall take effect immediately.
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