HCS HB 1532 -- VEHICLE EMISSIONS INSPECTION PROGRAM

SPONSOR:  St. Onge (Lembke)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 14 to 2.

This substitute revises the state vehicle emissions inspection
program by creating a decentralized emissions inspection program
in which only motor vehicle safety inspection stations and other
entities certified by the Air Conservation Commission will
conduct emission inspections.  The program will apply
consistently throughout the City of St. Louis and the counties of
St. Louis, St. Charles, Jefferson, and Franklin.

Prior to September 1, 2007, the commission must develop a
program which allows official emissions inspection stations to
conduct onboard diagnostic testing on 1996 and newer vehicles.
Before issuing a certificate of authorization to a prospective
station, the commission must determine if the applicant will be
properly equipped, has qualified emission inspectors, and meets
other requirements specified by the commission.  Official
inspection stations which are certified will be allowed to repair
motor vehicles to bring them into compliance.

The fee for an emission inspection will be $24.  Vehicle owners
will not be charged an additional fee for a reinspection
completed within 20 days, excluding Saturdays, Sundays, and
holidays.  The fee will only be waived if the reinspection is
made by the station making the initial inspection.  The
commission must establish, by rule, a waiver amount not to exceed
$450.  The Director of the Department of Revenue may verify a
successful inspection electronically.

The substitute exempts from the inspection requirements
diesel-powered vehicles except light-duty, diesel-powered
vehicles manufactured after 1996 with a gross vehicle weight
rating of 8,500 pounds or less; new motor vehicles which have not
been previously titled and registered for the two-year period
following their model year of manufacture; vehicles which are
engaged in interstate commerce and are proportionately registered
with the Highway Reciprocity Commission; new motor vehicles of
the current calendar year and any calendar year within two years
of the current calendar year which have an odometer reading of
less than 7,500 miles; school buses; and motor vehicles driven
fewer than 12,000 miles between biennial safety inspections.
Vehicles which are inspected and approved prior to a sale or
transfer will not be subject to another emission inspection for
90 days after the date of sale or transfer.

The procedures for becoming an official emissions inspection
station are specified.  The commission may suspend a station's
certificate of authority to conduct emission inspections if the
station is given due process as specified in the substitute.

The commission, in consultation with the Department of Natural
Resources, must establish an economic assistance program for
compliance with emission standards for persons with household
incomes of less than 185% of the federal poverty level.  This
assistance will be used to offset the cost of repairs to bring
vehicles into compliance.  Assistance priority will also be given
to persons who possess only one vehicle or who do not qualify for
a waiver.

The department and the State Highway Patrol will provide
oversight of the emissions inspection program.  Beginning
October 1, 2008, and every October 1 thereafter, the department
and the patrol must jointly submit an annual report to the
General Assembly detailing the oversight measures implemented for
the program, data collected regarding compliance and incidents of
fraud, and recommendations for improvements to the program.

The substitute abolishes the Missouri Air Pollution Control Fund
and transfers its moneys to the Missouri Air Emission Reduction
Fund.

The substitute becomes effective September 1, 2007.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2007, FY
2008, and FY 2009.  Estimated Cost on Other State Funds of $0 in
FY 2007, $475,691 in FY 2008, and $669,959 in FY 2009.

PROPONENTS:  Supporters say that the bill reflects views and
concerns of many people in the St. Louis region by moving the
current centralized emissions testing program to a decentralized
testing system using on-board diagnostics for 1996 and newer
vehicles only.  The same vehicle repair shops that currently do
safety tests will be able to do emissions testing as well.  The
contract for the current emissions testing program ends on
September 1, 2007.

Testifying for the bill were Representative Lembke; Department of
Natural Resources; Ken Storm; Larry Egley; Missouri Tire Industry
Association; SGS Testcom Incorporated; and Worldwide
Environmental Products, Incorporated.

OPPONENTS:  Those who oppose the bill say they can't support the
bill as introduced but are more agreeable with the substitute
bill.  The $15 inspection fee is too low, and the state should
use a free-market price with a maximum of $35 with no more than
$5 in fee deductions.  There should not be any type of biannual
mileage exemption.

Testifying against the bill was Alliance of Automotive Service
Providers.

OTHERS:  Others testifying on the bill say that the St. Louis
area is currently classified as a moderate ozone non-attainment
area.  When an area falls out of compliance with a national air
quality standard such as the ozone standard, the act requires the
state to develop a plan to reduce pollution to bring it into
compliance with that standard on a schedule.  The Clean Air Act
prescribes a minimum level of clean technology that must be
achieved in the plan but also allows the state some flexibility
to tailor its plan to accommodate the needs and concerns of the
state and the affected community.  A moderate classification is
toward the lower end of classifications, so there are only a few
prescriptive requirements that the state must meet for St. Louis.
Missouri currently operates a program that goes beyond the
minimum performance requirements of a basic I/M program.  If a
state fails to implement a required program or implements a
sub-standard program, the act requires the administrator to apply
construction permit restrictions and sanctions to the
non-attainment area and to implement a federal program.  There
are two possible sanctions that would be imposed; emissions
offset sanctions and the highway funding sanctions.

Others testifying on the bill were United States Environmental
Protection Agency, Air Planning and Development Branch; and ESP
Missouri Incorporated.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:43 am