S-0012.2

SENATE BILL 5091

BySenators Boehnke, Chapman, MacEwen, J. Wilson, Dozier, Fortunato, Harris, Schoesler, Goehner, Short, Braun, Warnick, and Muzzall

AN ACT Relating to motor vehicle emission standards for Washington; amending RCW 46.16A.060 and 46.37.470; adding a new section to chapter 70A.30 RCW; creating a new section; and repealing RCW 70A.30.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 2. A new section is added to chapter 70A.30 RCW to read as follows:

(1) The department of ecology shall adopt rules, which may be amended from time to time to remain compliant with federal law, to implement motor vehicle emission standards that maintain consistency with the federal clean air act, as it existed on the effective date of this section.

(2) Notwithstanding subsection (1) of this section, the department of ecology shall not adopt California's motor vehicle emission standards as authorized in 42 U.S.C. Sec. 7507, as it existed on the effective date of this section.

Sec. 3. RCW 46.16A.060 and 2021 c 65 s 50 are each amended to read as follows:

(1) The department, county auditor or other agent, or subagent appointed by the director may not issue or renew a motor vehicle registration or change the registered owner of a registered vehicle for any motor vehicle required to be inspected under chapter 70A.25 RCW, unless the application for issuance or renewal is: (a) Accompanied by a valid certificate of compliance or a valid certificate of acceptance issued as required under chapter 70A.25 RCW; or (b) exempt, as described in subsection (2) of this section. The certificates must have a date of validation that is within ((twelve))12 months of the assigned registration renewal date. Certificates for fleet or owner tested diesel vehicles may have a date of validation that is within ((twelve))12 months of the assigned registration renewal date.

(2) The following motor vehicles are exempt from emission test requirements:

(a) Motor vehicles that are less than five years old or more than ((twenty-five))25 years old;

(b) Motor vehicles that are a 2009 model year or newer;

(c) Motor vehicles powered exclusively by electricity, propane, compressed natural gas, liquefied natural gas, or liquid petroleum gas;

(d) Motorcycles as defined in RCW 46.04.330 and motor-driven cycles as defined in RCW 46.04.332;

(e) Farm vehicles as defined in RCW 46.04.181;

(f) Street rod vehicles as defined in RCW 46.04.572 and custom vehicles as defined in RCW 46.04.161;

(g) Used vehicles that are offered for sale by a motor vehicle dealer licensed under chapter 46.70 RCW;

(h) Classes of motor vehicles exempted by the director of the department of ecology;

(i) Hybrid motor vehicles that obtain a rating by the environmental protection agency of at least ((fifty))50 miles per gallon of gas during city driving. For purposes of this section, a hybrid motor vehicle is one that uses propulsion units powered by both electricity and gas; and

(j) Collectible vehicles as defined in RCW 46.04.123.

(3) The department of ecology must provide information to motor vehicle owners:

(a) Regarding the boundaries of emission contributing areas and restrictions established under this section that apply to vehicles registered in such areas; and

(b) On the relationship between motor vehicles and air pollution and steps motor vehicle owners should take to reduce motor vehicle related air pollution.

(4) The department of licensing must:

(a) Notify all registered motor vehicle owners affected by the emission testing program that they must have an emission test to renew their registration;

(b) Adopt rules implementing and enforcing this section, except for subsection (2)(e) of this section, as specified in chapter 34.05 RCW.

(5) A motor vehicle may not be registered, leased, rented, or sold for use in the state((, starting with the model year as provided in RCW 70A.30.010,)) unless the vehicle((:

(b)(i) Is))is consistent with the vehicle emission standards and carbon dioxide equivalent emission standards adopted by the department of ecology((; and

(ii) Has a California certification label for all emission standards, and carbon dioxide equivalent emission standards necessary to meet fleet average requirements)).

(6) The department of licensing, in consultation with the department of ecology, may adopt rules necessary to implement this section and may provide for reasonable exemptions to these requirements. The department of ecology may exempt public safety vehicles from meeting the standards where the department finds that vehicles necessary to meet the needs of public safety agencies are not otherwise reasonably available.

Sec. 4. RCW 46.37.470 and 2021 c 65 s 51 are each amended to read as follows:

(1) "Air conditioning equipment," as used or referred to in this section, means mechanical vapor compression refrigeration equipment that is used to cool the driver's or passenger compartment of any motor vehicle.

(2) Air conditioning equipment must be manufactured, installed, and maintained with due regard for the safety of the occupants of the vehicle and the public. Air conditioning equipment may not contain any refrigerant that is toxic to persons or that is flammable, unless the refrigerant is allowed under the department of ecology's motor vehicle emission standards ((adopted under RCW 70A.30.010)).

(3) The state patrol may enforce safety requirements, regulations, and specifications consistent with the requirements of this section applicable to air conditioning equipment which must correlate with and, so far as possible, conform to the current recommended practice or standard applicable to air conditioning equipment approved by the society of automotive engineers.

(4) A person may not sell or equip, for use in this state, a new motor vehicle with any air conditioning equipment unless it complies with the requirements of this section.

(5) A person may not register or license for use on any highway any new motor vehicle equipped with any air conditioning equipment unless the equipment complies with the requirements of this section.

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