06 LC
25 4146
House
Bill 980
By:
Representatives Thomas of the
100th
and Buckner of the
130th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia
Annotated, relating to motor vehicle emission inspection and maintenance, so as
to authorize the Board of Natural Resources to adopt certain motor vehicle
emission standards or limitations; to define certain terms; to change certain
provisions relating to certificate of emission inspection; to change certain
provisions relating to powers and duties of the Board of Natural Resources,
designation of the commissioner or director as the
board́s
agent, and powers and duties of the director; to change certain provisions
relating to requirement of certificate of emission inspection, standards for
issuance, inspectors, equipment, and procedures, notice of violation of emission
standards, reinspection after repairs, inspection sticker, new vehicles, and
replacement stickers; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating
to motor vehicle emission inspection and maintenance, is amended in Code Section
12-9-43, relating to definitions relative such article, by adding new paragraphs
to read as follows:
"(1.1)
'California standards' means those motor vehicle emission standards or
limitations, including but not limited to any standards or limitations
regulating vehicular emission of greenhouse gases, adopted by the State of
California and for which such state has obtained a waiver pursuant to subsection
(b) of 42 U.S.C.A. Section
7543."
"(11.1)
'Greenhouse gases' means carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride."
SECTION
2.
Said
article is further amended by striking subsection (c) of Code Section 12-9-45,
relating to certificate of emission inspection, and inserting in lieu thereof
the following:
"(c)
Such certificate of emission inspection must certify that:
(1)
An inspection of exhaust emissions of hydrocarbons, nitrogen oxides, and carbon
monoxide and evaporative emissions of hydrocarbons, as required by Code Section
12-9-48, has been performed;
(1.1)
An inspection of emissions of greenhouse gases, if required pursuant to board
rule or regulation promulgated under this article, has been
performed;
(2)
The responsible motor vehicle complies, as required by Code Section 12-9-48,
with applicable emission standards or emission limitations for hydrocarbons,
nitrogen oxides, and carbon monoxide specified for such vehicle by the board
pursuant to Code Section 12-9-46;
(2.1)
The responsible motor vehicle complies, as required by Code Section 12-9-48,
with applicable emission standards or emission limitations for greenhouse gases
specified for such vehicle by the board pursuant to Code Section 12-9-46, if
any;
(3)
An inspection, as required by Code Section 12-9-48, of emission control
equipment which was required to be installed on such motor vehicle when new
by
pursuant
to the federal Clean Air Act and is
required to be inspected by the board in the regulations promulgated
pursuant
to
under
this article has been performed and that such equipment is present and has been
maintained as required by Code Section 12-9-48; and
(4)
An inspection, as required by Code Section 12-9-48, of on-board diagnostic
equipment which was required to be installed on such motor vehicle when new
by
pursuant
to the federal Clean Air Act and is
required to be inspected by the board in the regulations promulgated
pursuant
to
under
this article has been
performed,
as required by Code Section
12-9-48."
SECTION
3.
Said
article is further amended by striking paragraph (3) of subsection (a) of Code
Section 12-9-46, relating to powers and duties of the Board of Natural
Resources, designation of the commissioner or director as the
board́s
agent, and powers and duties of the director, and inserting in lieu thereof the
following:
"(3)
To prescribe by rule or regulation emission standards or emission limitations
limiting the amounts of allowable exhaust emissions of hydrocarbons, nitrogen
oxides, and carbon monoxide and evaporative emissions of hydrocarbons from
responsible motor vehicles as defined in this article. Such standards
or
limitations may specify the amount of
allowable emissions by part per million, percentage of total volume or weight of
emissions, or such other method as the board selects.
In no event
shall the emission limitations
The emission
standards or limitations shall not be
stricter than those required by the USEPA pursuant to the federal Clean Air Act,
as amended, for the particular vehicle to which such
standards
or limitations
apply; except
that the board may adopt stricter standards or limitations identical to
California standards in accordance with 42 U.S.C.A. Section
7507. Such emission limitations and
emission standards may distinguish between model years, engine types and sizes,
trucks and passenger vehicles, or weights of vehicles and may be applicable to
groups of vehicles classed according to any such distinctions. Such emission
standards
or limitations shall be technically
feasible. The board may provide by rule or regulation for the method of
application of such standards
or
limitations to vehicles with engines of a
model year different from the vehicle model
year;"
SECTION
4.
Said
article is further amended by striking subsection (a) of Code Section 12-9-48,
relating to requirement of certificate of emission inspection, standards for
issuance, inspectors, equipment, and procedures, notice of violation of emission
standards, reinspection after repairs, inspection sticker, new vehicles, and
replacement stickers, and inserting in lieu thereof the following:
"(a)
Each responsible motor vehicle subject to any requirement under Code Section
12-9-45 must receive a certificate of emission inspection once during any
inspection term from an emission inspection station holding a valid certificate
of authorization from the department. A certificate of emission inspection shall
be issued for such a responsible motor vehicle if, upon inspection by a licensed
mechanic inspector, the mechanic inspector determines, consistent with the terms
of Code Section 12-9-45, with respect to such responsible motor
vehicle:
(1)
That any emission control equipment required on such responsible motor vehicle
when new
by
pursuant
to the federal Clean Air Act and required
to be inspected by the regulations of the board promulgated
pursuant
to
under
this article has been inspected and the mechanic inspector has determined that
such equipment has not been rendered unserviceable by removal, alteration, lack
of maintenance, or other interference with its operation unless such equipment
was replaced with equivalent equipment which has been certified by the
USEPA;
(2)
That an inspection and testing of the exhaust emissions of hydrocarbons,
nitrogen oxides, and carbon monoxide from such responsible motor vehicle have
been performed;
(3)
That an inspection and testing of evaporative emissions of hydrocarbons from
such responsible motor vehicle have been performed;
(3.1)
That an inspection and testing of emissions of greenhouse gases from such
responsible motor vehicle have been performed if required by board rule or
regulation promulgated under this article;
(4)
That the exhaust emissions
and,
evaporative
emissions, and
emissions of greenhouse gases from the
responsible motor vehicle do not exceed any applicable emission standard or
emission limitation for allowable emissions of hydrocarbon, nitrogen oxides,
or
carbon
monoxide, or
greenhouse gases prescribed by the board
pursuant to this article; and
(5)
That any on-board diagnostic equipment required on such responsible motor
vehicle when new
by
pursuant
to the federal Clean Air Act and required
to be inspected pursuant to the regulations promulgated by the board has been
inspected and the mechanic inspector has determined that such equipment meets
the inspection criteria prescribed by the
board."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.