Senate Bill No. 189–Senators Titus, Carlton, Wiener, Care, Schneider, Amodei, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rhoads and Tiffany

 

February 21, 2003

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Provides for biennial inspection and testing of emissions of motor vehicles in certain counties. (BDR 40‑1018)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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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 motor vehicles in certain counties; establishing a maximum fee which may be charged for such a biennial inspection; 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. In any such area in a

1-8  county whose population is 400,000 or more, the regulations must

1-9  require that motor vehicles with a model year of 1996 or newer be

1-10  inspected every 2 years for compliance with standards for the

1-11  control of emissions.

1-12      2.  In any county whose population is less than 100,000, if the

1-13  Commission determines that it is feasible and practicable to carry

2-1  out a program of inspecting and testing motor vehicles and systems

2-2  for the control of emissions from motor vehicles, and if carrying out

2-3  the program is deemed necessary to achieve or maintain the

2-4  prescribed standards for the quality of ambient air in areas of the

2-5  State designated by the Commission, the Commission shall, in

2-6  cooperation with the Department of Motor Vehicles and any local

2-7  air pollution control agency established under NRS 445B.500 which

2-8  has jurisdiction in a designated area, adopt regulations and

2-9  transportation controls as may be necessary to carry out the

2-10  program.

2-11      3.  The regulations must distinguish between light-duty and

2-12  heavy-duty motor vehicles and may prescribe:

2-13      (a) Appropriate criteria and procedures for the approval,

2-14  installation and use of devices for the control of emissions from

2-15  motor vehicles; and

2-16      (b) Requirements for the proper maintenance of such devices

2-17  and motor vehicles.

2-18      4.  The regulations must establish:

2-19      (a) Requirements by which the Department of Motor Vehicles

2-20  shall license authorized stations to inspect, repair, adjust and install

2-21  devices for the control of emissions for motor vehicles, including

2-22  criteria by which any person may become qualified to inspect,

2-23  repair, adjust and install those devices.

2-24      (b) Requirements by which the Department of Motor Vehicles

2-25  may license an owner or lessee of a fleet of three or more vehicles

2-26  as a fleet station if the owner or lessee complies with the regulations

2-27  of the Commission. The fleet station shall only certify vehicles

2-28  which constitute that fleet.

2-29      (c) Requirements by which the Department of Motor Vehicles

2-30  provides for inspections of motor vehicles owned by this state and

2-31  any of its political subdivisions.

2-32      5.  The Commission shall consider, before adopting any

2-33  regulation or establishing any criteria pursuant to paragraph (a) of

2-34  subsection 3:

2-35      (a) The availability of devices adaptable to specific makes,

2-36  models and years of motor vehicles.

2-37      (b) The effectiveness of those devices for reducing the emission

2-38  of each type of air pollutant under conditions in this state.

2-39      (c) The capability of those devices for reducing any particular

2-40  type or types of pollutants without significantly increasing the

2-41  emission of any other type or types of pollutant.

2-42      (d) The capacity of any manufacturer to produce and distribute

2-43  the particular device in such quantities and at such times as will

2-44  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.] (c) In designated areas in other counties where the

3-26  Commission puts a program into effect, all used motor vehicles

3-27  which require inspection pursuant to the regulations adopted by the

3-28  Commission under NRS 445B.770 are required to have evidence of

3-29  compliance upon registration or reregistration.

3-30      [4.] (d) The board of county commissioners of a county

3-31  containing a designated area may revise its program for the

3-32  designated area after receiving the approval of the Commission.

3-33      2.  If, in accordance with subsection 1, evidence of

3-34  compliance is presented upon registration or reregistration of a

3-35  motor vehicle subject to biennial inspections pursuant to

3-36  NRS 445B.770:

3-37      (a) In an even-numbered year, the motor vehicle is not

3-38  required to have evidence of compliance upon registration or

3-39  reregistration until the next following even-numbered year.

3-40      (b) In an odd-numbered year, the motor vehicle is not required

3-41  to have evidence of compliance upon registration or reregistration

3-42  until the next following odd-numbered year.

3-43      Sec. 3.  NRS 445B.830 is hereby amended to read as follows:

3-44      445B.830  1.  In areas of the State where and when a program

3-45  is commenced pursuant to NRS 445B.770 to 445B.815, inclusive,

4-1  the following fees must be paid to the Department of Motor

4-2  Vehicles and accounted for in the Pollution Control Account, which

4-3  is hereby created in the State General Fund:

4-4  (a) For the issuance and annual renewal of a license for an

4-5  authorized inspection station, authorized maintenance station,

4-6  authorized station or fleet station............... $25

4-7  (b) For each set of 25 forms certifying emission control

4-8  compliance................................................... 125

4-9  (c) For each form issued to a fleet station..... 5

4-10      2.  Except as otherwise provided in subsections 4, 5 and 6, and

4-11  after deduction of the amount required for grants pursuant to

4-12  paragraph (a) of subsection 4, money in the Pollution Control

4-13  Account may, pursuant to legislative appropriation or with the

4-14  approval of the Interim Finance Committee, be expended by the

4-15  following agencies in the following order of priority:

4-16      (a) The Department of Motor Vehicles to carry out the

4-17  provisions of NRS 445B.770 to 445B.845, inclusive.

4-18      (b) The State Department of Conservation and Natural

4-19  Resources to carry out the provisions of this chapter.

4-20      (c) The State Department of Agriculture to carry out the

4-21  provisions of NRS 590.010 to 590.150, inclusive.

4-22      (d) Local governmental agencies in nonattainment or

4-23  maintenance areas for an air pollutant for which air quality criteria

4-24  have been issued pursuant to 42 U.S.C. § 7408, for programs related

4-25  to the improvement of the quality of the air.

4-26      (e) The Tahoe Regional Planning Agency to carry out the

4-27  provisions of NRS 277.200 with respect to the preservation and

4-28  improvement of air quality in the Lake Tahoe Basin.

4-29      3.  The Department of Motor Vehicles may prescribe by

4-30  regulation routine fees for inspection at the prevailing shop labor

4-31  rate, including, without limitation, maximum charges for those fees,

4-32  and for the posting of those fees in a conspicuous place at an

4-33  authorized inspection station or authorized station[.] , except that

4-34  the maximum fee that may be charged for the biennial inspection

4-35  of a vehicle pursuant to NRS 445B.770 is $35.

4-36      4.  The Department of Motor Vehicles shall by regulation

4-37  establish a program to award grants of money in the Pollution

4-38  Control Account to local governmental agencies in nonattainment or

4-39  maintenance areas for an air pollutant for which air quality criteria

4-40  have been issued pursuant to 42 U.S.C. § 7408, for programs related

4-41  to the improvement of the quality of air. The grants to agencies in a

4-42  county pursuant to this subsection must be made from:

4-43      (a) An amount of money in the Pollution Control Account that is

4-44  equal to one-fifth of the amount received for each form issued in the

4-45  county pursuant to subsection 1; and

5-1  (b) Excess money in the Pollution Control Account. As used in

5-2  this paragraph, “excess money” means the money in excess of

5-3  $500,000 remaining in the Pollution Control Account at the end of

5-4  the fiscal year, after deduction of the amount required for grants

5-5  pursuant to paragraph (a) and any disbursements made from the

5-6  Account pursuant to subsection 2.

5-7  5.  Any regulations adopted pursuant to subsection 4 must

5-8  provide for the creation of an advisory committee consisting of

5-9  representatives of state and local agencies involved in the control of

5-10  emissions from motor vehicles. The committee shall:

5-11      (a) Review applications for grants and make recommendations

5-12  for their approval, rejection or modification;

5-13      (b) Establish goals and objectives for the program for control of

5-14  emissions from motor vehicles;

5-15      (c) Identify areas where funding should be made available; and

5-16      (d) Review and make recommendations concerning regulations

5-17  adopted pursuant to subsection 4 or NRS 445B.770.

5-18      6.  Grants proposed pursuant to subsections 4 and 5 must be

5-19  submitted to the appropriate Deputy Director of the Department of

5-20  Motor Vehicles and the Administrator of the Division of

5-21  Environmental Protection of the State Department of Conservation

5-22  and Natural Resources. Proposed grants approved by the appropriate

5-23  Deputy Director and the Administrator must not be awarded until

5-24  approved by the Interim Finance Committee.

5-25      Sec. 4.  The State Environmental Commission shall adopt the

5-26  regulations required by the amendatory provisions of section 1 of

5-27  this act as soon as practicable after the effective date of that section.

5-28      Sec. 5.  1.  This section and sections 1 and 4 of this act

5-29  become effective upon passage and approval.

5-30      2.  Sections 2 and 3 of this act become effective on October 1,

5-31  2003.

 

5-32  H