H-3187              _______________________________________________

                                                   HOUSE BILL NO. 2668

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Beck, Heavey and Dellwo

Read first time 1/17/90 and referred to Committee on Environmental Affairs.

AN ACT Relating to exemptions from motor vehicle emission testing; and amending RCW 46.16.015.

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

        Sec. 1.  Section 111, chapter 7, Laws of 1985 as amended by section 1, chapter 240, Laws of 1989 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 chapter 70.120 RCW, for any year in 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 or a valid certificate of acceptance issued pursuant to chapter 70.120 RCW; 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 with a model year of ((1967)) 1986 or earlier or fifteen or more model years old;

          (c) Motor vehicles that use propulsion units powered exclusively by electricity;

          (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.