SENATE BILL REPORT

ESHB 1104

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Valle, Van Luven, Rust, Brekke and Phillips; by request of Department of Ecology)

Revising provisions for motor vehicle inspection and maintenance.

House Committe on Environmental Affairs

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):March 29, 1989; March 30, 1989

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators West, Chairman; Amondson, Johnson, Kreidler, Niemi, Wojahn.

Senate Staff:Scott Plack (786-7409)

                  March 31, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):April 3, 1989

Majority Report:  No recommendation; refer to Rules.

      Signed by McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bluechel, Cantu, Hayner, Johnson, Lee, Matson, Niemi, Saling, Smith, Talmadge, Williams.

Senate Staff:Mary Poole (786-7613)

                  April 4, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, APRIL 4, 1989

BACKGROUND:

Under the federal Clean Air Act, states are required to meet national ambient air quality standards for certain pollutants, including carbon monoxide (CO) and ozone.  States with areas that do not meet these standards are required to have a state implementation plan that provides for the attainment of these standards.  The state implementation plan must include motor vehicle emission inspection and maintenance (I/M) programs in all urban areas not in compliance with the national standards for CO and ozone.  The Environmental Protection Agency (EPA) is directed to impose a federal implementation plan in any state that does not have an adequate state implementation plan.

The Clean Air Act also requires manufacturers to warrant emission control devices in new motor vehicles for the useful life of the vehicle (five years or 50,000 miles for light duty vehicles) and to bear all costs in remedying any failure of those devices that results in any sanction under state or federal law.

In 1979, legislation was enacted that directed the Department of Ecology (Ecology) to establish I/M programs in areas of the state unable to meet the national ambient air quality standards for CO or ozone.  Ecology established the I/M program in Seattle in 1982 and in Spokane in 1985.

Under the state I/M program, motor vehicles registered in "emission contributing areas" must be tested each year before vehicle licenses can be renewed.  The test costs $9 and includes one free retest within 60 days for vehicles failing the initial test.  If a vehicle fails a retest, a waiver may be obtained if more than $50 has been spent attempting to meet the emission standards.

Certain categories of vehicles are not subject to I/M testing requirements.  Federal, state, and local government motor pools are not subject to testing.  Private fleets with at least 25 vehicles may be authorized to perform self-testing.  Statutory exemptions from testing include:  (1) vehicles 15 years old and older; (2)  electric vehicles; (3) diesel vehicles; (4) motorcycles and mopeds; (5) farm vehicles; (6) vehicles offered for sale by Washington dealers; (7) vehicles fueled exclusively by propane or natural gas; and (8) vehicles exempt by Ecology.

Emissions testing is conducted by private firms that contract with the state.  There are six testing stations in Seattle and one in Spokane.  Contractors receive a portion of the fee and the remainder is transferred to the general fund.  Ecology is responsible for monitoring the contractors and collecting test data.

Despite the existence of I/M programs in Seattle and Spokane, both areas continue to violate the national carbon monoxide standard.  Everett, Tacoma, Vancouver, and Yakima have also failed to meet the CO standard, although the problems in these areas are isolated in small sections of the business district and, according to Ecology, can be solved by traffic flow and distribution improvements and increased reliance on ride-sharing and public transit.

The Clean Air Act authorizes the following penalties for nonattainment of the CO standard: (1) loss of federal highway funds; (2) loss of federal sewage treatment funds; (3) loss of federal air program grants; (4) a ban on construction of new industrial sources of air pollution in nonattainment areas; and (5) the implementation of a federal implementation plan.  Ecology has estimated that $105 million could be lost over the next three years in sewage treatment construction grants and $7.2 million could be lost over the next three years in air program grants if sanctions are imposed.  The Department of Transportation has estimated that up to $500 million in federal highway funds could be lost if full sanctions are imposed.

According to the EPA, Seattle and Spokane do not face any immediate prospect of federal sanctions as long as they continue to implement the existing state implementation program (including the I/M program) and make progress toward meeting the CO standard.  The statute authorizing the state I/M program expires on January 1, 1990.

SUMMARY:

The motor vehicle emission inspection and maintenance (I/M) program is reauthorized until January 1, 1993.

Of those vehicles which must be tested, vehicles with a model year of 1980 or earlier must be tested annually.  Vehicles with a model year of 1981 or later must be tested biennially unless they fail an initial test.  If a 1981 and later model fails an initial test, it will be subject to annual testing thereafter until an initial test is passed.

Motor vehicles with a model year of 1975 or older are exempt from the testing requirements, replacing the exemption of vehicles 15 years old or older.  Ecology is given authority to adopt rules implementing and enforcing exemptions.

Waivers are only available for vehicles:  (1) that have been in use for more than five years or 50,000 miles; and (2) where emission reduction equipment is still installed and operative.  The amount that must be expended on 1981 and later model vehicles before a waiver may be obtained is raised to $200.00.  The $50.00 amount for pre-1981 vehicles is retained.  Information on federal warranties must be provided to persons failing the initial test.

Local governments and state agencies with motor vehicles garaged or regularly operated in emission contributing areas are required to: (1) test vehicle emissions under the same schedule required for other vehicles; (2) ensure compliance with emission standards; and (3) report test results annually to Ecology.

A high rpm test and a safety inspection are added to the testing requirements.  The $10 cap on test fees is raised to $18.  Fees will be set at the minimum whole dollar amount required to run the program and cover Ecology's administrative costs.

If EPA standards are changed, Ecology is directed to reevaluate noncompliance areas.  Ecology is directed to study (1) CO emission trends without the I/M program; (2) sub-populations of vehicles failing the test; and (3) the feasibility of implementing an I/M program that uses private auto repair firms as testing stations.

Persons residing in emission contributing areas must register their vehicles in that area unless business reasons require otherwise.  Violations of this requirement are subject to a civil penalty of up to $100.

When expanding the I/M program, bids must be sought from contractors who will use existing buildings as test stations.  If no suitable bids are received, bids may then be sought from bidders proposing to construct new test stations.

Ecology is authorized to make grants to local governments for planning efforts aimed at reducing motor vehicle emissions in areas where I/M programs are not required.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested March 23, 1989

SUMMARY OF PROPOSED SENATE AMENDMENTS: 

Sections of law are rewritten to remove outdated language and to better organize provisions in the chapter.  I/M inspection is required on motor vehicles of year models 1968 or newer.  Inspections are conducted biennially.

Waivers are granted to motor vehicles when repairs are performed by a mechanic certified by the department.  The department may certify individuals who complete training programs or who already have private certification if they receive training which meets the requirements of the department's own certification program. 

Consumers with vehicles that fail the I/M test must be given information on the location of certified mechanics.  The waiver amount is lowered for 1981 and newer motor vehicles from $200 to $150.

Language is deleted which gives bidders for new I/M test stations preference if they propose to use existing buildings.  Language is also deleted to require the department to study the use of private auto repair firms to conduct I/M inspections.

Senate Committee - Testified: HEALTH CARE & CORRECTIONS:  FOR:  Win Granlund, Kitsap County; Bruce Olsen, AAA Washington; Stu Clark, Department of Ecology; John Anderson, Doug Sutherland, Puget Sound Air Pollution Control Agency; Bill Fritz, Jack Gromblatt, Vehicle Test Tech. Inc.; Janet Chalupnik, American Lung Association; David Kircher, Environmental Protection Agency; Mike Doubleday, City of Seattle; Bruce Wishart, Sierra Club; Roger von Gohren, Association of Washington Business

Senate Committee - Testified: WAYS & MEANS:  No one