AN ACT Relating to the motor vehicle inspection and maintenance program; amending RCW 46.16.015, 70.120.040, 70.120.070, and 70.120.120; adding new sections to chapter 70.120 RCW; repealing section 17, chapter 163, Laws of 1979 ex. sess. (uncodified); and providing an expiration 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, 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 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) (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) 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) The department shall administer an emission inspection system for all motor vehicles registered within the boundaries of each such emission contributing area.

(5) 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 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.

(6) The provisions of subsection (5) 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) 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 dollars. A part of the fee shall be paid to the state and deposited in the general fund.

Sec. 3. 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 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 sole or primary purpose of reducing emissions is still 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.

Sec. 4. 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.

NEW SECTION. Sec. 5. 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 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. 6. Section 17, chapter 163, Laws of 1979 ex. sess. (uncodified) is repealed.

NEW SECTION. Sec. 7. 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.