Assembly Bill No. 416–Assemblymen Angle, Gustavson, Knecht, Andonov, Brown, Christensen, Goicoechea, Hardy and Sherer

 

March 17, 2003

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Revises provisions governing emissions testing for certain motor vehicles. (BDR 40‑863)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to vehicle emissions; providing for the biennial inspection and testing of emissions of certain motor vehicles; requiring the State Environmental Commission to provide a waiver from emissions testing for certain motor vehicles; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 445B.770 is hereby amended to read as

1-2  follows:

1-3  445B.770  1.  In any county whose population is 100,000 or

1-4  more, the Commission shall, in cooperation with the Department of

1-5  Motor Vehicles and any local air pollution control agency, adopt

1-6  regulations for the control of emissions from motor vehicles in areas

1-7  of the county designated by the Commission.

1-8  2.  In any county whose population is less than 100,000, if the

1-9  Commission determines that it is feasible and practicable to carry

1-10  out a program of inspecting and testing motor vehicles and systems

1-11  for the control of emissions from motor vehicles, and if carrying out

1-12  the program is deemed necessary to achieve or maintain the

1-13  prescribed standards for the quality of ambient air in areas of the

2-1  State designated by the Commission, the Commission shall, in

2-2  cooperation with the Department of Motor Vehicles and any local

2-3  air pollution control agency established under NRS 445B.500 which

2-4  has jurisdiction in a designated area, adopt regulations and

2-5  transportation controls as may be necessary to carry out the

2-6  program.

2-7  3.  The regulations must require that motor vehicles be

2-8  inspected no more frequently than every 2 years for compliance

2-9  with standards for the control of emissions.

2-10      4.  The regulations must distinguish between light-duty and

2-11  heavy-duty motor vehicles and may prescribe:

2-12      (a) Appropriate criteria and procedures for the approval,

2-13  installation and use of devices for the control of emissions from

2-14  motor vehicles; and

2-15      (b) Requirements for the proper maintenance of such devices

2-16  and motor vehicles.

2-17      [4.] 5. The regulations must establish:

2-18      (a) Requirements by which the Department of Motor Vehicles

2-19  shall license authorized stations to inspect, repair, adjust and install

2-20  devices for the control of emissions for motor vehicles, including

2-21  criteria by which any person may become qualified to inspect,

2-22  repair, adjust and install those devices.

2-23      (b) Requirements by which the Department of Motor Vehicles

2-24  may license an owner or lessee of a fleet of three or more vehicles

2-25  as a fleet station if the owner or lessee complies with the regulations

2-26  of the Commission. The fleet station shall only certify vehicles

2-27  which constitute that fleet.

2-28      (c) Requirements by which the Department of Motor Vehicles

2-29  provides for inspections of motor vehicles owned by this state and

2-30  any of its political subdivisions.

2-31      [5.] 6. The Commission shall consider, before adopting any

2-32  regulation or establishing any criteria pursuant to paragraph (a) of

2-33  subsection [3:] 4:

2-34      (a) The availability of devices adaptable to specific makes,

2-35  models and years of motor vehicles.

2-36      (b) The effectiveness of those devices for reducing the emission

2-37  of each type of air pollutant under conditions in this state.

2-38      (c) The capability of those devices for reducing any particular

2-39  type or types of pollutants without significantly increasing the

2-40  emission of any other type or types of pollutant.

2-41      (d) The capacity of any manufacturer to produce and distribute

2-42  the particular device in such quantities and at such times as will

2-43  meet the estimated needs in Nevada.

3-1  (e) The reasonableness of the retail cost of the device and the

3-2  cost of its installation and maintenance over the life of the device

3-3  and the motor vehicle.

3-4  (f) The ease of determining whether any such installed device is

3-5  functioning properly.

3-6  Sec. 2.  NRS 445B.795 is hereby amended to read as follows:

3-7  445B.795  1.  The authority set forth in NRS 445B.770

3-8  providing for a compulsory inspection program is limited as

3-9  follows:

3-10      [1.  In]

3-11      (a) Except as otherwise provided in subsection 2, in a county

3-12  whose population is 100,000 or more, all passenger cars and light-

3-13  duty motor vehicles which use diesel fuel and require inspection

3-14  pursuant to the regulations adopted by the Commission under NRS

3-15  445B.770 are required to have evidence of compliance upon

3-16  registration or reregistration.

3-17      [2.  In]

3-18      (b) Except as otherwise provided in subsection 2, in areas

3-19  which have been designated by the Commission for inspection

3-20  programs and which are located in counties whose populations are

3-21  100,000 or more, all used motor vehicles which require inspection

3-22  pursuant to the regulations adopted by the Commission under NRS

3-23  445B.770 are required to have evidence of compliance upon

3-24  registration or reregistration.

3-25      [3.  In]

3-26      (c) Except as otherwise provided in subsection 2, in designated

3-27  areas in other counties where the Commission puts a program into

3-28  effect, all used motor vehicles which require inspection pursuant to

3-29  the regulations adopted by the Commission under NRS 445B.770

3-30  are required to have evidence of compliance upon registration or

3-31  reregistration.

3-32      [4.] (d) The board of county commissioners of a county

3-33  containing a designated area may revise its program for the

3-34  designated area after receiving the approval of the Commission.

3-35      2.  If, in accordance with subsection 1, evidence of

3-36  compliance is presented upon registration or reregistration of a

3-37  motor vehicle subject to biennial inspections pursuant to

3-38  NRS 445B.770:

3-39      (a) In an even-numbered year, the motor vehicle is not

3-40  required to have evidence of compliance upon reregistration until

3-41  the next following even-numbered year.

3-42      (b) In an odd-numbed year, the motor vehicle is not required

3-43  to have evidence of compliance upon reregistration until the next

3-44  following odd-numbered year.

 

4-1  Sec. 3.  NRS 445B.825 is hereby amended to read as follows:

4-2  445B.825  1.  [The] Except as otherwise provided in this

4-3  section, the Commission may provide for exemption from the

4-4  provisions of NRS 445B.770 to 445B.815, inclusive, of designated

4-5  classes of motor vehicles, including classes based upon the year of

4-6  manufacture of motor vehicles.

4-7  2.  The Commission shall provide for exemption from the

4-8  provisions of NRS 445B.770 to 445B.815, inclusive, of motor

4-9  vehicles for which the model year is:

4-10      (a) Three years old or newer; and

4-11      (b) Four years old or older that have less than 36,000 miles

4-12  registered on the odometer.

4-13      3.  The Commission shall provide for a waiver from the

4-14  provisions of NRS 445B.770 to 445B.815, inclusive, if compliance

4-15  involves repair and equipment costs which exceed the limits

4-16  established by the Commission. The Commission shall establish the

4-17  limits in a manner which avoids unnecessary financial hardship to

4-18  motor vehicle owners.

 

4-19  H