FINAL BILL REPORT

SHB 1104

                                  C 240 L 89

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 and Committee on Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

Under the federal Clean Air Act (CAA), states are required to meet national ambient air quality standards (NAAQS) 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 (SIP) that provides for the attainment of these standards.  SIP's must include motor vehicle emission inspection and maintenance (I/M) programs in all urban areas not in compliance with the NAAQS for CO and ozone.  The Environmental Protection Agency (EPA) is directed to impose a Federal Implementation Plan (FIP) in any state that does not have an adequate SIP.

The CAA 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 NAAQS 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 after the initial test failure.

Certain categories of vehicles are not subject to I/M testing requirements.  These include federal, state, and local government motor pools and vehicles 15 years old and older.

According to Ecology test data, the I/M program reduced carbon monoxide emissions from tested vehicles in 1988 by approximately 28 percent in Seattle and 24 percent in Spokane.  However, despite the existence of these programs, both areas continue to violate the national carbon monoxide standard.

The CAA 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 FIP.  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 existing SIP programs (including the I/M program) and make progress toward meeting the CO standard.  However, 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.  The current annual testing schedule for vehicles less than 15 years old is replaced by a biennial schedule for vehicles with a model year of 1968 or newer.  Motor vehicles with a model year of 1967 or earlier are exempt from the testing requirements.

Waivers for vehicles failing the test are only available:  (1) For vehicles 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.  A waiver may only be obtained if repairs are made by a certified emission specialist.  The amount that must be expended on 1981 and later model vehicles before a waiver may be obtained is raised to $150.  The $50 amount for pre-1981 vehicles is retained. Information on federal warrantees and certified emission specialists 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 biennially; (2) ensure compliance with emission standards; and (3) report test results to Ecology.

A high rpm test is added to the testing requirements.  The current idle test is retained. 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 NAAQ standards are changed, Ecology must reevaluate noncompliance areas.  Ecology is directed to study:  (1) CO emission trends that would be expected over the next five years without the I/M program; and (2) sub-populations of vehicles failing the test.

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.

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.

VOTES ON FINAL PASSAGE:

      House 54  42

      Senate    26    20 (Senate amended)

      House 56  40 (House concurred)

EFFECTIVE:January 1, 1990