AN ACT Relating to the motor vehicle inspection and maintenance program; amending RCW 46.16.015, 70.120.030, 70.120.040, 70.120.070, 70.120.120, 70.120.060, and 70.120.050; adding new sections to chapter 70.120 RCW; repealing section 17, chapter 163, Laws of 1979 ex. sess. (uncodified); prescribing penalties; providing an expiration date; and providing an effective date.

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

Sec. 1. Section 111, chapter 7, Laws of 1985 and RCW 46.16.015 are each amended to read as follows:

(1) Neither the department of licensing nor its agents may issue or renew a motor vehicle license for any vehicle registered in an emission contributing area, as that area is established under RCW 70.120.040, for any year for which the vehicle is required to be tested under chapter 70.120 RCW, unless the application for issuance or renewal is: (a) Accompanied by a valid certificate of compliance issued pursuant to RCW 70.120.060 or 70.120.080 or a valid certificate of acceptance issued pursuant to RCW 70.120.070; or (b) exempted from this requirement pursuant to subsection (2) of this section. The certificates must have a date of validation which is within ninety days of the date of application for the vehicle license or license renewal. Certificates for fleet vehicles may have a date of validation which is within twelve months of the assigned license renewal date.

(2) Subsection (1) of this section does not apply to the following vehicles:

(a) New motor vehicles whose equitable or legal title has never been transferred to a person who in good faith purchases the vehicle for purposes other than resale;

(b) Motor vehicles ((~~fifteen years old~~)) with a model year of 1975 or older;

(d) Motor vehicles fueled exclusively by propane, compressed natural gas, or liquid petroleum gas, unless it is determined that federal sanctions will be imposed as a result of this exemption;

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

(f) Motor vehicles powered by diesel engines;

(g) Farm vehicles as defined in RCW 46.04.181;

(h) Used vehicles which are offered for sale by a motor vehicle dealer licensed under chapter 46.70 RCW; or

(i) Motor vehicles exempted by the director of the department of ecology.

The provisions of subparagraph (a) of this subsection may not be construed as exempting from the provisions of subsection (1) of this section applications for the renewal of licenses for motor vehicles that are or have been leased.

(3) The department of licensing shall mail to each owner of a vehicle registered within an emission contributing area a notice regarding the boundaries of the area and restrictions established under this section that apply to vehicles registered in such areas. The information for the notice shall be supplied to the department of licensing by the department of ecology. Such a notice shall be mailed to the owner ninety days prior to the expiration date of the owner's motor vehicle license.

Sec. 2. Section 3, chapter 163, Laws of 1979 ex. sess. as amended by section 130, chapter 7, Laws of 1985 and RCW 70.120.030 are each amended to read as follows:

(1) The director shall adopt motor vehicle emission standards. The standards adopted shall ensure that no less than seventy percent of the vehicles tested annually comply with the standards on the first inspection conducted for the vehicles under this chapter each year. The standards shall be adopted as rules in accordance with chapter ((~~34.04~~)) 34.05 RCW.

(2) The director shall adopt rules for conducting emission tests for motor vehicles. The tests shall include idle and high revolutions per minute tests.

(3) The director shall adopt air quality standards for air contaminants from the emissions of motor vehicles. The standards shall be adopted as rules and may not be more stringent than those established for the contaminants by the United States environmental protection agency as in effect on September 1, 1979, to implement the federal clean air act.

(4) The director shall adopt, by rule, criteria for calibrating emission testing equipment, including, but not limited to, those identifying standard calibration gas mixtures.

(5) The director shall require that the electronic equipment utilized to test emissions at any station established pursuant to RCW 70.120.040(5) or authorized pursuant to RCW 70.120.080 be properly calibrated.

The department shall examine frequently the calibration of the emission testing equipment used at such stations.

Sec. 3. Section 4, chapter 163, Laws of 1979 ex. sess. as amended by section 2, chapter 176, Laws of 1980 and RCW 70.120.040 are each amended to read as follows:

(1) The director shall designate a geographic area as being a "noncompliance area" for motor vehicle emissions if:

(a) Prior to December 31, 1982, analysis of the data recorded at the monitoring sites indicates that an air quality standard established pursuant to this chapter will probably be exceeded after December 31, 1982; or

(b) On or after December 31, 1982, the department's analysis of the data recorded at the monitoring sites indicates that such a standard will probably be exceeded, and if the department determines that the primary source of the contaminant being monitored at the sites is motor vehicle emissions: PROVIDED, That the department's analysis may not be based upon data recorded at an air monitoring site for less than one year.

(2) The department shall reevaluate noncompliance areas if the environmental protection agency modifies the relevant ambient air quality standards and shall discontinue the program if compliance is indicated and if the department determines that the area would continue to be in compliance after the program is discontinued. The department shall notify persons residing in noncompliance areas of this reevaluation.

(3) (a) The department shall analyze information regarding the motor vehicle traffic in a noncompliance area to determine the smallest land area within whose boundaries are registered motor vehicles that contribute significantly to the violation of motor vehicle related air quality standards in the noncompliance area. The director shall declare such an area to be an emission contributing area.

(b) An emission contributing area established for a carbon monoxide or oxides of nitrogen noncompliance area must contain the noncompliance area within its boundaries.

(c) An emission contributing area established for an ozone noncompliance area located in this state need not contain the ozone noncompliance area within its boundaries if:

It can be proven that vehicles registered in the area to be declared the emission contributing area contribute significantly to violations of the ozone air quality standard in the noncompliance area.

(d) An emission contributing area may be established in this state for violations of federal air quality standards for ozone in an adjacent state if:

(i) The United States environmental protection agency declares an area to be a nonattainment area for ozone under the provisions of the federal Clean Air Act (42 U.S.C. 7401 et. seq.) and the nonattainment area encompasses portions of both Washington and the adjacent state; and (ii) It can be proven that vehicles registered in this state contribute significantly to the violation of the federal air quality standards for ozone in the adjacent state's portion of the nonattainment area.

((~~(3)~~)) (4) In establishing the external boundaries of an emission contributing area, the director shall utilize the boundaries established for zip code service areas by the United States postal service.

The director shall designate areas as being noncompliance areas or emission contributing areas, and shall establish the boundaries of such areas, by rule. Notwithstanding the provisions of chapter ((~~34.04~~)) 34.05 RCW, a rule which would designate such an area or establish or modify the boundary of such an area may not be adopted until it has been submitted to the standing committees on ecology of the house of representatives and the senate for review and approval: PROVIDED, That the standing committees shall take into account alternative plans for traffic re-routing and traffic bans that may have been prepared by local municipal corporations for the purpose of satisfying federal emission guidelines. The department may make grants to units of local government in support of planning efforts to reduce motor vehicle emissions in areas where emission control inspections are not required.

((~~(4)~~)) (5) The department shall administer an emission inspection system for all motor vehicles registered within the boundaries of each such emission contributing area.

((~~(5)~~)) (6) The director shall authorize, by contract, one or more individuals, firms, private corporations, associations or partnerships to establish and operate inspection stations for conducting the vehicle emission tests authorized by this chapter: PROVIDED, That no person engaged in the inspection of motor vehicles pursuant to this subsection ((~~(5) of this section~~)) shall perform for compensation repairs on any vehicles. No public body may establish or operate such contracted inspection stations. Any such contract shall be let in accordance with the procedures established for competitive bids in chapter 43.19 RCW. When establishing new boundaries for or expanding existing boundaries of emission contributing areas or noncompliance areas, bids for the provision of emission testing services shall first be sought from bidders who would use existing buildings. If suitable bids using existing buildings are not received, bids may then be sought from bidders who would construct new buildings.

((~~(6)~~)) (7) The provisions of subsection ((~~(5)~~)) (6) of this section apply to inspections conducted pursuant to this section. Those provisions also apply to inspections conducted pursuant to RCW 70.120.020(1)(a) except when the inspections are conducted for the following purposes:

(a) Auditing;

(b) Contractor evaluation;

(d) Public information and education; and

(e) Providing a voluntary inspection program if sufficient contractors may not be obtained for the program at a reasonable cost by July 1, 1981.

((~~(7)~~)) (8) The fee to be charged for emission inspections conducted pursuant to this section shall be established by the director by rule. The inspection fee shall be a standard fee applicable state-wide or throughout an emission contributing area and shall be no greater than ((~~ten~~)) eighteen dollars. ((~~A part of the fee~~)) Any surplus moneys collected from the fees over the amount due to the contractor shall be paid to the state and deposited in the general fund. Fees shall be set at the minimum whole dollar amount required to: (a) Compensate the contractor; and (b) offset the general fund appropriation to the department to cover the administrative costs of the motor vehicle emission inspection program.

Sec. 4. Section 7, chapter 163, Laws of 1979 ex. sess. as amended by section 4, chapter 176, Laws of 1980 and RCW 70.120.070 are each amended to read as follows:

Any person:

(1) Whose motor vehicle is tested pursuant to RCW 70.120.060 and fails to comply with the emission standards established for the vehicle;

(2) Who, following such a test, expends more than fifty dollars on a 1980 or earlier model motor vehicle or expends more than two hundred fifty dollars on a 1981 or later model motor vehicle for repairs and/or parts solely devoted to meeting the emission standards; and

(3) Whose vehicle is inspected again but again fails, may be issued a certificate of acceptance provided (a) the vehicle has been in use for a period of time in excess of five years or fifty thousand miles; and (b) any component of the vehicle installed by the vehicle manufacturer for the purpose of reducing emissions, or its appropriate replacement, is installed and operative. To receive the certificate, the person must document the expenditure and the purpose of the expenditure to the satisfaction of the department.

Persons who fail the initial test shall be provided with information regarding the availability of federal warranties.

Sec. 5. Section 13, chapter 163, Laws of 1979 ex. sess. and RCW 70.120.120 are each amended to read as follows:

The director of the department of ecology shall adopt rules implementing and enforcing RCW 70.120.010 through 70.120.100, 46.16.015(2)((~~(g)~~)) and 70.120.110 in accordance with chapter ((~~34.04~~)) 34.05 RCW. Notwithstanding the provisions of chapter ((~~34.04~~)) 34.05 RCW, any rule implementing and enforcing RCW 70.120.010 through 70.120.100, 46.16.015(2)((~~(g)~~)), and 70.120.110 may not be adopted until it has been submitted to the standing committees on ecology of the house of representatives and senate for review and approval.

Sec. 6. Section 6, chapter 163, Laws of 1979 ex. sess. as amended by section 3, chapter 176, Laws of 1980 and RCW 70.120.060 are each amended to read as follows:

Before each ((~~annual~~)) inspection, a person whose motor vehicle is to be inspected at an inspection station authorized by the director under RCW 70.120.040((~~(5)~~)) (6) shall pay the inspection fee established under RCW 70.120.040((~~(7)~~)) (8). Any person whose motor vehicle is inspected at an inspection station authorized by the director shall receive the results of the inspection test. If the inspected vehicle's emissions comply with the standards established by the director, the person shall receive a dated certificate of compliance. If the inspected vehicle's emissions do not comply with those standards, one reinspection of the vehicle's emission shall be afforded without charge.

Sec. 7. Section 5, chapter 163, Laws of 1979 ex. sess. and RCW 70.120.050 are each amended to read as follows:

(1) The director shall review annually the air quality and forecasted air quality of each area in the state designated as a "noncompliance area" for motor vehicle emissions.

(2) If the director determines that:

(a) The air quality standards for contaminants derived from motor vehicle emissions are no longer being violated in the "noncompliance area"; and

(b) Those standards would not be violated in the "noncompliance area" if the emission inspection system established in the emission contributing area for the "noncompliance area" in accordance with RCW 70.120.040((~~(4)~~)) (5) were discontinued and the requirements of RCW 46.16.015 no longer applied to the area,

the area shall no longer be designated as a "noncompliance area" for motor vehicle emissions.

NEW SECTION. Sec. 8. A new section is added to chapter 70.120 RCW to read as follows:

Motor vehicle emission inspections shall occur as follows:

(1) Annually for 1980 or earlier model motor vehicles; and

(2) Biennially for 1981 or later model motor vehicles, except that 1981 and later model motor vehicles that fail an initial inspection test shall be tested annually thereafter until the vehicle passes an initial inspection test.

NEW SECTION. Sec. 9. A new section is added to chapter 70.120 RCW to read as follows:

All units of local government and agencies of the state with motor vehicles garaged or regularly operated in an emission contributing area shall:

(1) Test the emissions of those vehicles annually for pre-1981 models and biennially for models 1981 and later, except that 1981 and later model motor vehicles that fail an initial inspection test shall be tested annually thereafter until the vehicle passes an initial inspection test or provide for the testing;

(2) Ensure that the vehicle's emissions comply with the emission standards set by the director; and

(3) Report the results of the tests annually to the department.

NEW SECTION. Sec. 10. A new section is added to chapter 70.120 RCW to read as follows:

(1) The department shall identify expected carbon monoxide emission trends over the next five years without the motor vehicle emission inspection program and report to the appropriate standing committees of the legislature by January 1, 1991.

(2) The department shall examine available testing data to determine vehicle subpopulations and incremental emission increases associated with subpopulations failing the test. This information shall be reported to the appropriate standing committees of the legislature by January 1, 1992.

NEW SECTION. Sec. 11. A new section is added to chapter 70.120 RCW to read as follows:

(1) Persons residing in emission contributing areas as defined under RCW 70.120.040 shall register their motor vehicles within that area, unless business reasons require registration outside of the area.

(2) Any person who violates this section is subject to a civil penalty not to exceed one hundred dollars.

NEW SECTION. Sec. 12. A new section is added to chapter 70.120 RCW to read as follows:

By January 1, 1991, the department shall prepare and submit a report to the appropriate standing committees of the legislature on:

(1) Options on ways to implement a vehicle emission test program using private auto repair firms;

(2) A review of the effectiveness of vehicle emission test programs in other states that use private auto repair firms to conduct emission testing; and

(3) An analysis of the feasibility of operating a combination vehicle emission test program using both the privately contracted test firms that are now in operation in the state and private auto repair firms.

NEW SECTION. Sec. 13. Section 17, chapter 163, Laws of 1979 ex. sess. (uncodified) is repealed.

NEW SECTION. Sec. 14. A new section is added to chapter 70.120 RCW to read as follows:

This chapter shall expire January 1, 1995, unless extended by law for an additional fixed period of time.

NEW SECTION. Sec. 15. This act shall take effect January 1, 1990.