2003 Session

Budget Amendments - HB1400 (Committee Approved)

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On-road Testing of Motor Vehicle Emissions (language only)

Item 383 #1h

Item 383 #1h

Natural Resources
Environmental Quality, Department of

Page 378, after line 10, insert:
"F.1.  The Department of Environmental Quality shall initiate, beginning January 1, 2004, a program for on-road testing of motor vehicle emissions pursuant to § 46.2-1178.1, Code of Virginia, in all areas designated nonattainment for the 1-hour ozone air quality standard as of January 1, 2003. The Department shall develop a plan for implementation of this program and shall include a schedule to phase in on-road testing to enhance the current emissions inspection program, consistent with the federal Clean Air Act.  The Department may also initiate programs for on-road testing of motor vehicle emissions as part of a plan developed pursuant to an Early Action Compact for Ozone.

The State Air Pollution Control Board may promulgate any regulations necessary to implement these provisions.  Such regulations shall be adopted as final prior to the January 1, 2004, implementation.
2.  The Department shall also develop a plan to implement
a program for on-road testing of motor vehicle emissions pursuant to § 46.2-1178.1, Code of Virginia, in all areas designated nonattainment for the 8-hour ozone air quality standard as of July 1, 2004.  This plan may also include on-road testing of emissions in areas that opt into Early Action Compacts for ozone and jurisdictions that are contiguous to designated ozone nonattainment areas.  The plan shall include recommendations as to any amendments necessary to the Code of Virginia to implement and provide adequate funding for the program.
3.  The Department shall work with the U.S. Environmental Protection Agency to secure approval of on-road sensing to enhance the current emissions inspection program and shall identify any barriers to such approval.
4.  In completing these plans and implementing the provisions of subparagraph 1, the Department is authorized to expend such funds as may be required from the Vehicle Emissions Inspection Program Fund.  
All such expenditures shall be approved by the Secretary of Natural Resources.  In completing these plans, DEQ shall contract with a private sector vendor which has experience in remote vehicle emission testing.  
5.  The Department shall provide these plans to the Governor and the Chairmen of the House Agriculture, Chesapeake and Natural Resources, Appropriations, Science and Technology and Transportation Committees and the Senate Agriculture, Conservation and Natural Resources, Finance and Transportation Committees, and the Joint Commission on Technology and Science by October 1, 2003."

(This amendment requires DEQ to implement a remote vehicle emission testing program in current ambient air quality nonattainment areas and develop a plan for implementing a similar program in areas that will likely become nonattainment areas in the next year. The goal of the program is to more efficiently identify those vehicles violating emission standards and causing the most pollution while phasing out the requirement for biennial testing of all other vehicles operating in compliance with standards in the current nonattainment areas of Northern Virginia. The program is further proposed to avoid imposing a requirement to test all vehicles in those areas that are likely to be declared nonattainment in the future. The remote on-road testing program can be accomplished utilizing the latest technology and equipment while vehicles are in their normal operation and without any inconvenience or requirement for the driver to stop for the test.)