AN
ACT Relating to air pollution control; amending RCW 70.94.130, 70.120.070,
70.120.100, 70.120.170, 46.16.015, and 70.94.473; adding a new section to
chapter 70.120 RCW; creating a new section; and providing an expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.94.130 and 1991 c 199 s 705 are each amended to read as follows:
The board shall exercise all powers of the authority except as
otherwise provided. The board shall conduct its first meeting within thirty
days after all of its members have been appointed or designated as provided in
RCW 70.94.100. The board shall meet at least ten times per year. All meetings
shall be publicly announced prior to their occurrence. All meetings shall be
open to the public. A majority of the board shall constitute a quorum for the
transaction of business and shall be necessary for any action taken by the
board. The board shall elect from its members a chair and such other officers
as may be necessary. Any member of the board may designate a regular alternate
to serve on the board in his or her place with the same authority as the member
when he or she is unable to attend. In no event may a regular alternate
serve as the permanent chair. Each member of the board, or his or her
representative, shall receive from the authority compensation consistent with
such authority's rates (but not to exceed one thousand dollars per year) for
time spent in the performance of duties under this chapter, plus the actual and
necessary expenses incurred by the member in such performance. The board may
appoint a control officer, and any other personnel, and shall determine their
salaries, and pay same, together with any other proper indebtedness, from
authority funds.
Sec.
2. RCW
70.120.070 and 1991 c 199 s 203 are each amended to read as follows:
(1) Any person:
(a)
Whose motor vehicle is tested pursuant to this chapter and fails to comply with
the emission standards established for the vehicle; and
(b)
Who, following such a test, expends more than one hundred dollars on a 1980 or
earlier model year motor vehicle or expends more than one hundred fifty dollars
on a 1981 or later model year motor vehicle for repairs solely devoted to
meeting the emission standards and that are performed by a certified emission
specialist authorized by RCW 70.120.020(2)(a); and
(c)
Whose vehicle fails a retest, may be issued a certificate of acceptance if (i)
the vehicle has been in use for more than five years or fifty thousand miles,
and (ii) any component of the vehicle installed by the manufacturer for the
purpose of reducing emissions, or its appropriate replacement, is installed and
operative.
To
receive the certificate, the person must document compliance with (b) and (c)
of this subsection to the satisfaction of the department.
Should
any provision of (b) of this subsection be disapproved by the administrator of
the United States environmental protection agency, all vehicles shall be
required to expend at least four hundred fifty dollars to qualify for a
certificate of acceptance.
(2)
Persons who fail the initial tests shall be provided with:
(a)
Information regarding the availability of federal warranties and certified
emission specialists;
(b)
Information on the availability and procedure for acquiring license
trip-permits;
(c)
Information on the availability and procedure for receiving a certificate of
acceptance; and
(d)
The local phone number of the department's local vehicle specialist.
Sec.
3. RCW
70.120.100 and 1979 ex.s. c 163 s 10 are each amended to read as follows:
The
department shall investigate complaints received regarding the operation of
emission testing stations and shall require corrections or modifications in
those operations when deemed necessary.
The
department shall also review complaints received regarding the maintenance or
repairs secured by owners of motor vehicles for the purpose of complying with
the requirements of this chapter. When possible, the department shall assist
such owners in determining the merits of the complaints.
The department shall keep a copy of all complaints received, and
on request, make copies available to the public. This is not intended to
require disclosure of any information that is exempt from public disclosure
under chapter 42.17 RCW.
Sec.
4. RCW
70.120.170 and 1991 c 199 s 208 are each amended to read as follows:
(1)
The department shall administer a system for emission inspections of all motor
vehicles, except those described in RCW 46.16.015(2), that are
registered within the boundaries of each emission contributing area. Under
such system a motor vehicle shall be inspected biennially except where an
annual program would be required to meet federal law and prevent federal
sanctions. In addition, motor vehicles shall be inspected at each change of
registered owner of a licensed vehicle as provided under RCW 46.16.015.
(2)
The director shall:
(a)
Adopt procedures for conducting emission inspections of motor vehicles. The
inspections may include idle and high revolution per minute emission tests.
The emission test for diesel vehicles shall consist solely of a smoke opacity
test.
(b)
Adopt criteria for calibrating emission testing equipment. Electronic
equipment used to test for emissions standards provided for in this chapter
shall be properly calibrated. The department shall examine frequently the
calibration of the emission testing equipment used at the stations.
(c)
Authorize, through contracts, the establishment and operation of inspection
stations for conducting vehicle emission inspections authorized in this
chapter. No person contracted to inspect motor vehicles may perform for compensation
repairs on any vehicles. No public body may establish or operate contracted
inspection stations. Any contracts must be let in accordance with the
procedures established for competitive bids in chapter 43.19 RCW.
(3)
Subsection (2)(c) of this section does not apply to volunteer motor vehicle
inspections under RCW 70.120.020(1) if the inspections are conducted for the
following purposes:
(a)
Auditing;
(b)
Contractor evaluation;
(c)
Collection of data for establishing calibration and performance standards; or
(d)
Public information and education.
(4)(a)
The director shall establish by rule the fee to be charged for emission
inspections. The inspection fee shall be a standard fee applicable state-wide
or throughout an emission contributing area and shall be no greater than ((eighteen))
fifteen dollars. Surplus moneys collected from fees over the amount due
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 (i) compensate
the contractor or inspection facility owner, and (ii) offset the general fund
appropriation to the department to cover the administrative costs of the motor
vehicle emission inspection program.
(b)
Before each inspection, a person whose motor vehicle is to be inspected shall
pay to the inspection station the fee established under this section. The
person whose motor vehicle is inspected shall receive the results of the
inspection. If the inspected vehicle complies with the standards established
by the director, the person shall receive a dated certificate of compliance.
If the inspected vehicle does not comply with those standards, one reinspection
of the vehicle shall be afforded without charge.
(5)
All units of local government and agencies of the state with motor vehicles
garaged or regularly operated in an emissions contributing area shall test the
emissions of those vehicles annually to ensure that the vehicle's emissions
comply with the emission standards established by the director. All state
agencies outside of emission contributing areas with more than twenty motor
vehicles housed at a single facility or contiguous facilities shall test the
emissions of those vehicles annually to ensure that the vehicles' emissions
comply with standards established by the director. A report of the results of
the tests shall be submitted to the department.
NEW
SECTION. Sec. 5. A
new section is added to chapter 70.120 RCW to read as follows:
The
department shall establish a scientific advisory board to review plans to
establish or expand the geographic area where an inspection and maintenance
system for motor vehicle emissions is required. The board shall consist of
three to five members. All members shall have at least a master's degree in
physics, chemistry, or engineering, or a closely related field. No member may
be a current employee of a local air pollution control authority, the
department, the United States environmental protection agency, or a company that
may benefit from a review by the board.
The
board shall review an inspection and maintenance plan at the request of a local
air pollution control authority, the department, or by a petition of at least
fifty people living within the proposed boundaries of a vehicle emission
inspection and maintenance system. The entity or entities requesting a
scientific review may include specific issues for the board to consider in its
review. The board shall limit its review to matters of science and shall not
provide advice on penalties or issues that are strictly legal in nature.
The
board shall provide a complete written review to the department. If the board
members are not in agreement as to the scientific merit of any issue under
review, the board may include a dissenting opinion in its report to the
department. The department shall immediately make copies available to the
local air pollution control authority and to the public.
The
department shall conduct a public hearing, within the area affected by the proposed
rule, if any significant aspect of the rule is in conflict with a majority
opinion of the board. The department shall include in its responsiveness
summary the rationale for including a rule that is not consistent with the
review of the board, including a response to the issues raised at the public
hearing.
Members
shall be reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060.
Sec.
6. RCW
46.16.015 and 1991 c 199 s 209 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 or change the registered owner of a licensed
vehicle, for any vehicle that is required to be inspected 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 six months of the date of application for the
vehicle license or license renewal. Certificates for fleet or owner tested
diesel 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 or earlier;
(c)
Motor vehicles that use propulsion units powered exclusively by electricity;
(d)
Motor vehicles fueled 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)
Farm vehicles as defined in RCW 46.04.181;
(g)
Used vehicles which are offered for sale by a motor vehicle dealer licensed
under chapter 46.70 RCW; ((or))
(h)
Classes of motor vehicles exempted by the director of the department of
ecology;
(i)
Collector cars as identified by the department of licensing under RCW
46.16.305(1); or
(j)
Beginning January 1, 2000, vehicles that are less than five years old or more
than twenty-five years old.
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 ecology shall provide information to motor vehicle owners
regarding the boundaries of emission contributing areas and restrictions
established under this section that apply to vehicles registered in such
areas. In addition the department of ecology shall provide information to
motor vehicle owners on the relationship between motor vehicles and air
pollution and steps motor vehicle owners should take to reduce motor vehicle
related air pollution. The department of licensing shall send to all
registered motor vehicle owners affected by the emission testing program notice
that they must have an emission test to renew their registration.
NEW
SECTION. Sec. 7. (1)
The department of ecology shall evaluate changes to the motor vehicle emission
inspection program made in RCW 46.16.015(2)(j) and other options that meet air
quality objectives and lessen the effect of the program on the motorist. The
department shall consider air quality, program costs, and motorist convenience
in its evaluation and make recommendations for changes to the program to the
appropriate standing committees of the legislature by January 1, 1999.
(2)
This section expires June 30, 1999.
Sec.
8. RCW
70.94.473 and 1995 c 205 s 1 are each amended to read as follows:
(1)
Any person in a residence or commercial establishment which has an adequate
source of heat without burning wood shall:
(a)
Not burn wood in any solid fuel burning device whenever the department has
determined under RCW 70.94.715 that any air pollution episode exists in that
area;
(b)
Not burn wood in any solid fuel burning device except those which are either
Oregon department of environmental quality phase II or United States
environmental protection agency certified or certified by the department under
RCW 70.94.457(1) or a pellet stove either certified or issued an exemption by
the United States environmental protection agency in accordance with Title 40,
Part 60 of the code of federal regulations, in the geographical area and for
the period of time that a first stage of impaired air quality has been
determined, by the department or any authority, for that area. A first stage
of impaired air quality is reached when particulates ten microns and smaller in
diameter are at an ambient level of ((seventy-five)) sixty
micrograms per cubic meter measured on a twenty-four hour average or when
carbon monoxide is at an ambient level of eight parts of contaminant per
million parts of air by volume measured on an eight-hour average; and
(c)
Not burn wood in any solid fuel burning device in a geographical area and for
the period of time that a second stage of impaired air quality has been
determined by the department or any authority, for that area. A second stage
of impaired air quality is reached when particulates ten microns and smaller in
diameter are at an ambient level of one hundred five micrograms per cubic meter
measured on a twenty-four hour average.
(2)
Actions of the department and local air pollution control authorities under
this section shall preempt actions of other state agencies and local
governments for the purposes of controlling air pollution from solid fuel
burning devices, except where authorized by chapter 199, Laws of 1991.
