Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for enhanced vehicle emissions and safety inspection programs, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Chapter 10 of the General Laws is hereby amended by adding the following two sections:-
Section 60. Notwithstanding the provisions of subsection (1) of section eighteen of chapter twenty-one A, and as required by federal law, there shall be established on the books of the commonwealth a separate fund, to be known as the Motor Vehicle Emissions Inspection Compliance Trust Fund. There shall be credited to such fund all monies that are recovered or collected by the commonwealth from a portion of the fee charged relative to each vehicle emission inspection, required under chapter ninety and chapter one hundred and eleven, such portion to be determined cooperatively by the commissioner of the department of environmental protection and the registrar of the registry of motor vehicles; any monies recovered as a result of enforcement action authorized in section one hundred and forty-two M of chapter one hundred and eleven; and any income derived from the investment of amounts credited to such fund. Amounts credited to such fund shall be received and held in trust for the commonwealth for the purposes of this chapter, and shall be expended at the direction of said commissioner without further appropriation; provided, however, that such amounts may be expended for direct and indirect costs associated with personnel, any form of applicable equipment, including any capital equipment, and any contractual services. The fund may incur a negative balance in anticipation of revenues to be received; provided, however, that the fund is balanced or has a plan to be balanced by March first, nineteen hundred and ninety-six. Said commissioner shall expend monies from such fund solely for the purposes of the administration and implementation of the provisions of the vehicle emissions program, as authorized by said section one hundred and forty-two M of chapter one hundred and eleven, and related portions of chapter ninety and related portions of the federal Clean Air Act Amendments of 1990. Said commissioner shall, by agreement with the registrar, transfer such monies from such fund as necessary for the registry to carry out its support responsibilities relating to attaining air quality standards, as stated in chapter ninety. Pursuant to section five D of chapter twenty-nine, the comptroller shall transfer to the general fund the fringe benefit costs, including group life and health insurance and retirement benefits, and the indirect costs incurred by the trust. Beginning in the fiscal year nineteen hundred and ninety-five, on or before December first, the commissioner shall file each fiscal year an annual financial plan of the projected revenues and expenditures of the fund for the current fiscal year and for the next fiscal year with the secretaries of environmental affairs and administration and finance, the joint committees on public safety and natural resources and agriculture, and the house and senate committees on ways and means. All revenues credited to and all expenditures made from such fund shall be reported, by subsidiary, on the Massachusetts management accounting and reporting system and all personnel compensated from such fund shall be recorded on the personnel administrative reporting and information system.
Section 61. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Motor Vehicle Safety Inspection Trust Fund. There shall be credited to such fund fifty percent of all the monies received or collected and recovered by the commonwealth from the portion of the fee charged relative to each motor vehicle safety inspection as required under section seven of chapter ninety; and all monies recovered as a result of actions authorized by said chapter ninety. Amounts credited to said fund shall be received and held in trust for the commonwealth, for the purposes of this chapter, and shall be expended without further appropriation; provided, however, that such amounts may be expended for direct and indirect costs associated with personnel, for the purpose of administration and implementation, and of the provisions of section seven of said chapter ninety, and for the several other purposes as may be required by law. All revenues credited to and all expenditures made from such fund shall be reported, by subsidiary, on the Massachusetts management accounting and reporting system and all personnel compensated from such fund shall be recorded on the personnel administrative reporting and information system.
SECTION 2. The thirteenth paragraph of section 2 of chapter 90 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the third sentence the following sentence:- The registrar shall not issue a registration, or if said registration has already been issued, shall suspend or not renew the registration of any motor vehicle which does not comply with the provisions of sections one hundred and forty-two J and one hundred and forty-two M of chapter one hundred and eleven or any regulation promulgated thereunder.
SECTION 3. Said chapter 90 is hereby further amended by striking out section 7A, as so appearing, and inserting in place thereof the following section:-
Section 7A. The registrar shall establish rules and regulations providing for a decentralized periodic annual staggered safety and combined safety and emission inspection of all motor vehicles not subject to the enhanced emissions inspection and maintenance requirements of sections one hundred and forty-two J and one hundred and forty-two M of chapter one hundred and eleven or the rules and regulations promulgated thereunder. The registrar shall establish rules and regulations for a periodic annual staggered safety inspection for all motor vehicles which are subject to said enhanced emission inspection and maintenance requirements.
All emissions inspection standards, whether classified as an enhanced emission inspection or as part of the combined safety and emission inspection, shall be established by the commissioner, in consultation and coordination with the registrar pursuant to sections one hundred and forty-two J and one hundred and forty-two M of chapter one hundred and eleven or the rules and regulations made pursuant thereto.
Said commissioner shall, in consultation with the registrar, establish rules and regulations which determine and identify and motor vehicles which will be subject to the enhanced emission inspection or the emission portion of the combined safety the emission inspection, as the case may be, and shall notify the registrar of said determination. The registrar shall give reasonable notification in the form he prescribes, to the owners of motor vehicles subject to emissions inspection indicating which emissions inspection procedure will be required.
The rules and regulations for the staggered annual safety inspection established hereunder shall include, but not be limited to, an inspection to determine the proper and safe condition of the following: brakes, stop lamps, lights, directional signals, horn, vehicle identification number, steering and suspension systems, glazing, windshield wipers and cleaner, number plates, tires, fenders, bumpers, external sheet metal, reflectors, splash guards, chock blocks, safety belts and exhaust system. The registrar may waive, by written document, certain inspection requirements if said waiver furthers the public interest or scientific development and does not compromise the public safety.
The registrar shall establish rules and regulations providing for the inspection of school buses or buses operated under a certificate, license, or permit issued in accordance with the provisions of chapter one hundred and fifty-nine A which are used for the transportation of school children to and from school and in connection with school activities other than such buses used simultaneously as public common carriers of passengers or designed primarily for mass transportation within seven days of the date on which the vehicle is first registered to a new owner and during the fall, winter, and spring. First inspection in the months of August and September, second inspection in the months of December and January, third inspection in the months of April and May. The semiannual safety inspection for those vehicles regulated by section seven D shall be inspected during the fall and winter, first inspection during the months of October and November, second inspection during the months of February and March. Such inspections shall be in addition to the annual safety and emissions inspection as required by this section.
The secretary of administration, pursuant to the provisions of section three B of chapter seven, shall determine the amount to be charged for an inspection of all motor vehicles for the safety or for the combined safety and emissions inspection.
Each safety or combined safety and emissions inspection facility shall remit to the registrar a portion of the collected inspection fee, said portion to be determined by the registrar. The registrar shall retain fifty percent of said fee and shall deposit all monies that are so collected, including any interest accrued thereon, into the Motor Vehicle Safety Inspection Trust Fund. All amounts credited to said fund shall be expended at the direction of the registrar, without further appropriation; provided, however, that said amount expended shall be used solely for the purpose of implementation, administration, oversight and enforcement of any safety and emissions programs instituted by the registrar pursuant to chapter ninety. Pursuant to section five D of chapter twenty-nine, the comptroller shall transfer to the general fund the fringe benefit costs, including group life, and health insurance and retirement benefits, and the incident costs incurred by said account. Beginning in fiscal year nineteen hundred and ninety-five, on or before December first, the registrar shall file each fiscal year an annual financial plan of the projected revenues and expenditures of the account for the current fiscal year and for the next fiscal year with the secretaries of public safety and administration and finance, the joint committee on public safety and the house and senate committees on ways and means. All revenues credited to and all expenditures made from such fund shall be reported, by subsidiary, on the Massachusetts management accounting and reporting system and all personnel compensated from such fund shall be recorded on the personnel administrative reporting and information system.
Each applicant to become a licensee under the provisions of section seven W shall remit a fee established by the registrar before any license is issued pursuant to said section. Said fee shall be deposited in the Highway Fund.
Said rules and regulations promulgated by the registrar pursuant to this section shall provide that a motor vehicle which is not garaged or operated within the commonwealth during its assigned inspection period may be operated for fifteen days after its return to the commonwealth if said motor vehicle bears satisfactory proof of adequate safety or emission inspection from another jurisdiction. The owner or person in control of said motor vehicle shall obtain the required safety and emissions inspection within said fifteen days.
SECTION 4. Said chapter 90 is hereby further amended by striking out section 7W, as so appearing, and inserting in place thereof the following section:-
Section 7W. No person or facility shall conduct emissions or safety inspections of motor vehicles pursuant to section seven A unless such person is licensed by the registrar.
No person or facility shall engage in the business as an "emissions repair facility", as defined in section one hundred and forty-two M of chapter one hundred and eleven, and no person shall be employed as an "emissions repair technician", as so defined therein, unless such person is licensed or certified by the registrar.
The registrar, in consultation with the commissioner, shall establish rules and regulations for the licensing and operating requirements of all stations or facilities who engage in emissions or safety or combined safety and emissions inspections pursuant to section seven A or who engage in the business as an emission repair facility, or any emission repair facility, or any emissions repair technician certified under this section.
The registrar, upon granting the opportunity for a hearing, may revoke or suspend any license or certification issued under this section, or place conditions or limitations on said license, for violating any rule or regulation made hereunder.
Any person who is convicted of a violation of any provision of this section shall be punished by a fine of up to one thousand dollars or by imprisonment for not more than thirty days, or both.
Notwithstanding the provision of section thirty A of chapter ninety, the registrar may allow access or inquiring into computer data files under his control in order to facilitate the establishment of a computerized communication system between the registry, the department of environmental protection, emissions or safety inspection facilities, emissions repair facilities, or any other person or entity in order to enforce compliance with, any emissions or safety requirements of this chapter or chapter one hundred and eleven or any other law or regulation related thereto.
SECTION 5. Section 142J of chapter 111 of the General Laws, as so appearing, is hereby amended by adding the following paragraphs:-
The commissioner shall establish rules and regulations effective on July first, nineteen hundred and ninety-five. Said rules and regulations shall reflect the phased-in schedule for the vehicle emissions inspection program requirement, as mandated by said section four.
The department, in consultation with the registry of motor vehicles, shall continue to implement the current provisions of this section, while phasing in the new requirements as prescribed by the commissioner.
Nothing shall prevent anyone, whose vehicle is not subject to the inspection requirements of July first, nineteen hundred and ninety-five, from seeking an enhanced emissions inspection on a voluntary basis.
SECTION 6. Said chapter 111 is hereby further amended by inserting after section 142L the following section:-
Section 142M. (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:-
"Bid bond", an irrevocable financial instrument, required to be submitted by the contractor to the terms of its submittal to a request for proposals for the purpose of demonstrating said contractors' financial and technical ability to follow through with its proposal.
"Challenge mechanism", a process available to the consumer to challenge the validity of the results of the consumer's specific emissions inspection.
"Commissioner", the commissioner of the department of environmental protection.
"Department", the department of environmental protection.
"Diagnostic test center", a multi-purpose facility equipped with emissions testing equipment, including an emissions analyzer, a chassis dynamometer, purge and pressure testing equipment, and staffed by trained personnel which provides expert information and diagnostic services on motor vehicles and for emissions inspection failures.
"Dynamometer", also known as a "chassis dynamometer", a device which applies a simulated road load to a vehicle's drive wheels while operating in a stationary, secure position. Used to simulate actual driving conditions, including various, transient vehicle speeds and acceleration/deceleration conditions.
"Emissions analyzer", a device that samples and measures the concentration or volume of pollutants in motor vehicle exhaust.
"Emissions inspection certificate", a written statement, instrument, or device indicating that the required emissions inspection has been performed and the motor vehicle inspected either has passed or has failed said inspection.
"Emissions inspection facility", a facility, licensed by the registry, for conducting public motor vehicle emissions inspections and other related duties.
"Emissions inspection fee", the fee charged to the consumer presenting a motor vehicle for an emissions inspection.
"Emissions inspector", any properly trained employee of the contractor engaged in performing emissions inspections.
"Emissions repair facility", a facility whose business is in diagnosing and repairing motor vehicles that have failed an emissions inspection and licensed by the commonwealth to perform such function.
"Emissions repair technician", any person engaged in diagnosing or repairing motor vehicles that has failed an emissions inspection and certified by the commonwealth to perform such function.
"Enhanced emissions inspection and maintenance (Enhanced I/M)", an improved automobile emissions inspection and maintenance program that includes increases in vehicle coverage by type and model year, tighter stringency of compliance standards, improved oversight and management practices to ensure greater program effectiveness. Also includes periodic, test-only inspections, performed at vendor-operated, centralized facilities and under-the-hood inspections to detect tampering with pollution control equipment and the performance of purge and pressure testing.
"Emissions waiver certificate", a written statement, instrument, or device indicating that the requirement of compliance with the emissions standards and criteria for motor vehicle emissions inspections has been waived for a particular motor vehicle.
"Idle test", an I/M tailpipe vehicle emissions inspection administered while the vehicle is operating at idle, with no depression to the accelerator.
"Inspection contractor", a private entity selected to construct, design, maintain, and operate emissions inspection facilities and to provide associated services.
"Loaded-mode testing", an I/M vehicle emissions inspection administered while the vehicle is operating on a chassis dynamometer.
"Motor vehicle emissions inspection", a test of the emissions of air contaminants from a motor vehicle and any visual and functional test or inspection related to the emission of air contaminants from a motor vehicle.
"On-road testing", a field test conducted at a time different than the cycle of the vehicle's periodic emissions inspection and is designed to identify motor vehicles which, off-cycle, are found to exceed certain emissions standards.
"Performance bond", an irrevocable financial instrument as security for the faithful performance of the contract and which binds the contractor to fulfill its obligations under contract with the department.
"Performance monitoring", assessing the performance of a licensed emissions repair facility in successfully repairing emissions failures by a certified emissions repair technician.
"Pressure test", a test administered to determine if there are leaks in a vehicle's fuel and evaporative control systems.
"Program evaluation", an on-going initiative to evaluate the Enhanced I/M Program's effectiveness by quantifying emission reduction benefits and determine whether said program is meeting the requirements of the Clean Air Act Amendments and EPA's Final Rule on Enhanced I/M.
"Purge test", a test conducted during loaded-mode testing to determine whether a vehicle's evaporative canister purge system is operating properly.
"Referee" also "waiver officer", a person responsible for verifying the accuracy of emissions inspection and the validity of emissions-related repair work for the purpose of issuing emissions waivers, exemptions, or exceptions. No employee of the contractor shall serve as a referee.
"Registrar", registrar of motor vehicles.
"Registry", the registry of motor vehicles.
"Subject fleet", that portion of the commonwealth's vehicle fleet subject to an emissions inspection.
"Two-speed idle test", an I/M typeable vehicle emissions inspection administered while the vehicle is operating first at idle and then while the engine is operating at two thousand five hundred revolutions per minute.
"VIN", the vehicle identification number, a unique number assigned to each vehicle by the vehicle manufacturer identifying specific vehicle characteristics, such as make, model, year, pollution control devices, and the particular vehicle itself.
"Voluntary emissions recall", a repair, adjustment, of modification program voluntarily initiated and conducted by an automobile manufacturer under the Clean Air Act to remedy any emission-related defect for which direct notification of vehicle or engine owners has been provided.
(b) The commissioner and the registrar shall respectively establish rules and regulations to administer a program for the purpose of conducting emissions inspections for applicable motor vehicles to be in compliance with this section. It shall be the responsibility of the department, under authority of chapter one hundred and eleven, to provide for the direct primary oversight of the operational and environmental aspects of the emissions inspection program. It is the responsibility of the registry, under authority of chapter ninety, to license said facilities as emissions inspection facilities and register vehicles complying with the emissions inspection program requirements. The enhanced emissions inspection program, in total, shall be no less stringent than any performance standard for enhanced motor vehicle emission inspection/maintenance programs adopted by the United States Environmental Protection Agency and shall meet the requirements necessary for motor vehicles to qualify for the emissions performance warranty provisions of the federal Clean Air Act.
The commissioner and the registrar shall establish rules and regulations for a determination for waiving the cost limit for emissions-related repairs in accordance with the provisions of subsection (p). Said rules and regulations shall take into account, to the extent practical, the financial hardship of the individual seeking such waiver.
The commissioner and the registrar shall establish rules and regulations specifying the vehicles subject to the motor vehicle emissions inspection requirement.
The commissioner shall establish rules and regulations for an on-road testing program. The department may require that vehicles it has reason to believe are not in compliance with the standards and criteria for motor vehicle emissions inspections submit to an off-cycle inspection at an emissions inspection facility and, if necessary, be brought into compliance, as provided by this chapter.
The commissioner shall establish training, retraining, certification, re-certification, and de-certification requirements of emissions inspectors to perform vehicle emissions inspections which shall be a precondition for conducting emissions inspections. The department shall establish penalties for anyone conducting emissions inspections without having received such training and certification.
The commissioner and the registrar shall establish procedures to license emissions repair facilities, certify emissions repair technicians, and to initiate a performance monitoring program.
The commissioner and the registrar shall take steps to ensure that the capability exists in the repair industry to repair vehicles that fail motor vehicle emissions inspections, required herein, by establishing a training and certification program for emission repair technicians. Said steps shall include, but not be limited to, the involvement of vocational or technical schools and various members and sectors of the automobile and automotive repair industry.
The commissioner shall establish procedures to ensure that vehicles subject to either a voluntary emissions recall or a remedial plan pursuant to section two hundred and seven of the federal Clean Air Act receive the required repairs.
The commissioner shall establish rules and regulations relative to testing locations, testing equipment specifications, including emissions analyzers, quality assurance and quality control procedures for testing equipment, calibration gases, failure rates, emission standards, testing procedures, data collection and data analysis, and program evaluation requirements of 40 CFR 51.353. With respect to facilitating site locations, the commissioner and the registrar shall consult with the division of capital planning and operations in the department of administration and finance on potential state-owned properties that may be suitable for emissions inspection facilities and to make a list of such properties available to the contractors at the time of seeking bids from the contractor. Rent, through a lease agreement, shall be the appropriate vehicle for compensation for state-owned land. The commissioner and the registrar shall also provide information concerning the availability of site location of municipal-owned properties suitable for siting emissions inspection facilities in the "Goods and Services bulletin" and the "State Register". Under no circumstances shall the use of state-owned or municipal-owned properties relieve the contractor from paying local property taxes.
The commissioner shall establish rules and regulations establishing standards and criteria for motor vehicle emissions inspections, giving consideration to the United States Environmental Protection Agency's performance standards for the enhanced emissions inspection program, the level of emission reductions necessary to achieve and maintain federal and state ambient air quality standards. The standards and criteria shall include, but not be limited to, a requirement to test motor vehicle emissions for hydrocarbons, carbon monoxide, and oxides of nitrogen. The standards and criteria may be different for different model years and types of vehicles.
The department and the registry shall establish programs, in consultation with the executive office of consumer affairs and consistent with the consumer protection authority of the attorney general, for public information and consumer protection, including referee and challenge functions.
The department, on behalf of the commonwealth, shall be responsible for submitting all appropriate and required program regulations on the enhanced motor vehicle emissions inspection program to the United States Environmental Protection Agency and revisions to the state implementation plan, in accordance with the requirements of the federal Clean Air Act.
(c) Beginning on July first, nineteen hundred and ninety-five, at least thirty percent of the commonwealth's motor vehicle fleet, as determined by the commissioner and the registrar, shall be subject to the provisions of this section and shall be subject to an enhanced motor vehicle emissions inspection, conducted biennially. Beginning on January first, nineteen hundred and ninety-six, all of the commonwealth's motor vehicle fleet, as prescribed herein, will be subject to the provisions of this section and shall be subject to an enhanced motor vehicle emissions inspection, conducted biennially.
Enhanced emissions inspections shall be required statewide, shall be conducted on a staggered basis throughout the year, and shall be required of each subject motor vehicle every two years. The department shall establish procedures to implement such enhanced emissions inspection requirements and be further configured by applicable vehicle model year, vehicle weight, emissions standard alternative test procedures, or any other test procedure or element required in this section.
Emission testing will be conducted, at minimum, in the following manner, according to EPA's enhanced performance standard for enhanced emissions inspection:
`tcol(*)=2,T;c1=5,30,tf;c2=45,30,tf `tc1 Model Years 1968-1970:*idle test only. Model Years 1971-1980:*two-speed idle test and *pressure test. Model Years 1981-current:*transient, loaded-mode text, *pressure test, and purge *test. `tcol;end
Automobiles legally registered on the islands of Martha's Vineyard and Nantucket: two-speed idle test and pressure test.
Motor vehicles subject to emissions inspection shall be determined by the commissioner by regulation, and shall include, but not be limited to the following: all vehicles beginning with model nineteen hundred and sixty-eight, light duty vehicles and light duty trucks up to and including eight thousand, five hundred pounds gross vehicle weight. Emissions inspection of any vehicle with a weight greater than eight thousand, five hundred pounds gross vehicle weight shall only be required after a finding by the commissioner, in consultation with the registrar that such action is necessary to attain and maintain applicable federal and state air quality standards.
Any motor vehicle which is inspected for emissions and fails such inspection shall, within twenty days of said emissions inspection, be reinspected until it receives an emissions inspection certificate or has received an emissions waiver certificate, or be denied registration. The department shall establish rules and regulations and shall consult and coordinate with the registry on such requirement in order to affect strict compliance with this provision.
(d) The commissioner shall, in consultation with the registry, establish regulations for exempting or excepting certain motor vehicles from some or all of the requirements of this section. The following motor vehicles shall be exempt or excepted from the provisions of this section and may require alternative test procedures: a motor vehicle manufactured before the model year nineteen hundred and sixty-eight; any motor vehicle or class of motor vehicle that is exempted by regulation or policy by the department because the vehicle or class presents prohibitive inspection problems or is inappropriate for inspection; motor vehicles operated exclusively by electric power; and, for one inspection cycle only, motor vehicles one model year old or less at the time the vehicle is due for inspection.
(e) The department shall establish procedures to provide for vehicle emissions inspections by contract in accordance with the provisions of this section and any rule and regulation promulgated pursuant thereto. The licensing of said emission inspection facilities shall be in accordance with the appropriate sections of chapter ninety.
Notwithstanding any provision of this section to the contrary, the commissioner may establish two or more zones within the commonwealth and select a sole vendor for each zone to conduct the centralized contractor-run emissions inspection facilities in each zone. A single contractor may be selected to provide services in one or more zones. Any fees charged under the provisions of this chapter shall be identical throughout the commonwealth, whether or not there is more than one zone or more than one vendor in the commonwealth.
The department shall contract with a private entity for the design, construction, equipment, establishment, maintenance, and operation of emissions inspection facilities, and for related services and functions. The term of the contract shall be not more than seven years. In this contract with said contractor, the department shall require all bidders to commit to selling its inspections sites and associated equipment and buildings, at fair market value, if at the end of said contract term, the contractor fails to secure a re-award of a contract to perform emissions inspections.
Emissions testing will be conducted at centralized, private contractor-run emissions inspection facilities, as specified in this section. The process for selecting said contractor shall be the primary responsibility of the department, but it shall coordinate with the registry and shall be done by developing and issuing a "request for proposals", as necessary to fulfill the provisions of this section and deemed by the commissioner as necessary for a complete, fair, and proper inspection. Said process, at minimum, shall be consistent with the standard bidding practices of the commonwealth. Employees of the department shall not be allowed to seek or take employment with any contractor winning the bid to construct and operate such emissions inspection facilities in the commonwealth for a period of two years after said employee leaves employment with the commonwealth.
Any such facility shall only be permitted to conduct inspections and shall be prohibited from any direct or indirect association with a repair facility or facilities.
The contractor shall provide that emissions inspection facilities be located such that eighty-five percent of the vehicles subject to inspection are within a distance not to exceed five, straight line, miles from an emissions inspection facility, and ninety-five percent of the vehicles subject to inspection are within a distance not to exceed ten, straight line, miles from an emissions inspection facility.
The maximum average waiting time for an emissions inspection to begin at such facilities shall not exceed fifteen minutes at any one facility. No inspection shall require an appointment. The contractor shall design its network with the ability for added lane or facility capacity based upon demographic changes, as determined by the department and registry.
The contractor shall, at the convenience of the consumer, inspect and reinspect, at any of its locations statewide, motor vehicles as provided by the contract. The emissions inspection facility shall issue an emissions inspection certificate for a motor vehicle that has been inspected and determined to comply with applicable standards and criteria for motor vehicle emissions inspection. For a motor vehicle that has been inspected and has failed its inspection, the contractor shall provide a comprehensive, written inspection report. Such inspection report shall, to the extent practicable, provide the results of and reasons for failing the emissions inspection and describe the repairs likely to be needed to bring the vehicle into compliance with the applicable standards and criteria for which the vehicle was failed.
The contractor, including its officers and employees, shall not engage in the business of selling, maintaining, or repairing motor vehicle replacement or repair parts. The contractor shall be responsible for any incidental damage to any motor vehicle presented for inspection and shall perform or have performed such repairs, not including emissions-related repairs resulting from an emissions inspection failure, as necessary to return the vehicle to its original condition when it entered the emissions inspection facility for said inspection.
A portion of each emissions inspection facility, subject to a determination by the commissioner, shall be capable of serving as a Diagnostic Test Center, as required in the United States Environmental Protection Agency: Final Rule (Title 40, CFR Part 51, Support S). Said centers shall be designed to include, but not be limited to, assistance in the effort to repair emissions-related failures by providing technical support to technicians engaged in the diagnosis and repair of emissions-related failures resulting from emissions inspections.
The contractor, subject to the commissioner's determination, shall be required to provide information to inform the public of the requirements, benefits, other consumer-related matters of the emissions inspection program, and any other information useful to the better understanding and facilitation of the inspection to the consumer.
The contractor shall be capable of providing checks concerning vehicle identification number and other such vehicle identification means in such manner and form as is determined by the commissioner and the registrar, in order to verify and validate whether the vehicle is properly and legally registered to operate on the public roads of the commonwealth. The contractor, while performing the emissions inspection, shall also be capable of providing consumer protection by generating such data on warranty-related recalls in a form and manner prescribed by the commissioner, and any other such information deemed necessary by the commissioner.
Each emissions inspection facility shall remain open for emissions inspections for a minimum of sixty hours per week, at least one evening per week, and at least for one-half day on Saturday. The commissioner and the registrar shall establish procedures and contractual requirements in order to assure maximum convenience to the consumer.
The department shall, in issuing any request for proposals or executing any contract for any activity authorized herein, establish bid bond and performance bond requirements commensurate with the magnitude of said proposal or contract.
(f) The department shall establish a program to determine eligibility for emissions waiver certificates. A motor vehicle that, after reinspection, fails to comply with the standards and criteria for motor vehicle emissions inspections shall be eligible for such emission waivers, provided that: (1) the minimum expenditure of emission-related repairs performed by an emissions repair technician as a result of such inspection failure exceeds the repair cost limit of four hundred and fifty dollars, adjusted annually based upon the Consumer Price Index for nineteen eighty-nine, in accordance with the requirements of the federal Clean Air Act Amendments of 1990, section one hundred and eighty-two (c) (3) (C) (iii) and that such repair expenditures do not include any costs covered by an emission control performance warranty or the cost to repair or replace any emission control system or mechanism which has been removed, dismantled, or rendered inoperative; or (2) a complete, documented physical and functional diagnosis, at the vehicle owner's expense, conducted in a manner prescribed by the department, shows that no additional emission-related repairs are needed. The contractor shall provide to any consumer whose vehicle fails its emissions inspection, the current dollar amount and other information concerning the actual waiver eligibility expenditure limit. The contractor, accordingly, shall annually adjust such waiver eligibility expenditure limit, as prescribed by the commissioner, in order to assist the consumer to the maximum extent feasible.
No person shall knowingly give false information to an emissions inspection facility or the department concerning the repair expenditures or repairs needed to bring a motor vehicle into compliance with the standards and criteria for motor vehicle emissions inspections, required in this section.
(g) The commissioner and the registrar shall each establish rules and regulations prohibiting any person from issuing an emissions inspection certificate or a waiver certificate for a motor vehicle that has not been inspected in accordance with, or is not in compliance with, the standards and criteria for motor vehicle emissions inspections required in this section.
No person shall alter, falsify, or counterfeit an emissions inspection certificate or waiver certificate.
No person shall take any action that materially alters or changes any equipment or mechanism of a motor vehicle in such a manner that causes said motor vehicle to no longer comply with federal or state law or with standards and criteria for motor vehicle emissions inspections or with requirements for motor vehicle registration. No person shall take any action that has the effect of causing a motor vehicle to no longer comply with federal or state law or with standards and criteria for motor vehicle emissions inspections or with requirements for motor vehicle registration. This section shall not be construed as preventing the temporary alteration of equipment for the purpose of motor vehicle repair.
Any person under contract to the commonwealth to provide motor vehicle emission testing or diagnostic testing or any employee of such contractor violating any of the provisions of this chapter over any ninety consecutive day period shall be punished by a fine of up to one thousand dollars or by imprisonment of not more than thirty days or by both such fine and imprisonment for each such violation. The contractor-employer of such an employee shall also be assessed an equal per day and per violation penalty for the first offense and treble such amount for the second and repeated violations within said running ninety day period.
Any person who violates any rule or regulation promulgated under the authority of this chapter, including motorists, contractors, repair technicians, repair facilities, or inspectors, shall be subject to a civil or administrative penalty of not more than one thousand dollars per day, per violation as prescribed by the commissioner.
The department shall, in consultation with the registry, establish rules and regulations concerning a penalty schedule consistent with penalties established herein and any other penalty sufficient to cause prompt and effective compliance with the requirements of this section.
(h) The department shall have jurisdiction to enforce the provisions of this section and shall have the authority to coordinate enforcement related activities with the registry.
(i) The department shall, in consultation with the registry, establish rules and regulations assessing a fee on each initial emissions inspection and late fee for such emissions inspection performed in accordance with the requirements of this act and any rule or regulations promulgated pursuant thereto. The amount of fees collected shall provide for the cost of the inspection including the cost of any contract entered into as a result of the requirements of this act and shall be sufficient to also fully offset any administrative costs to the department and the registry related to motor vehicle emissions inspections, as established herein and in chapter ninety. The fee shall be paid for each motor vehicle inspected at an emissions inspection facility at the time of the inspection and is payable whether an emissions inspection certificate, waiver certificate, or no certificate is issued. There shall be no fee charged for reinspecting a vehicle that has failed an initial inspection and is reinspected within twenty days as required by subsection (c). Any such reinspection shall be provided by the contractor at any emissions inspection facility at the convenience of the consumer.
(j) The department shall establish procedures for a program to scrap high emitting in-use motor vehicles if it finds that it is necessary to acquire additional or offsetting air pollution reduction credits to attain and maintain air quality standards.
(k) The department shall develop, establish, and implement a quality control program to ensure that emissions testing equipment is properly calibrated and maintained, and that inspection and calibration records are completely and accurately recorded and maintained. Such program shall include, but not be limited to, the following: frequency and content of records; preventative maintenance procedures and schedules; accuracy, repeatability, and precision of test and audit equipment; automatic lockout features, data recording, and tamper-resistant features; adherence to good engineering practices to assure test accuracy; quality control features for transient, pressure, and purge test equipment and procedures; computer-controlled functions; data linkage requirements within the contractor's entire statewide network of emissions inspection facilities and between such network and the commonwealth's computer systems, as determined by the commissioner and the registrar; and assurance as to the security of any compliance document. Such compliance documents shall include, but not be limited to, compliance and waiver certificates, windshield stickers, or license plates or license plate decals, to assure the validity of any official compliance document. The commissioner and the registrar shall establish procedures and take measures to prevent the theft and counterfeiting of any such compliance document.
The department shall establish and implement an on-going quality assurance program for the purposes of discovering, correcting, and preventing fraud, waste, and abuse with the inspection process. Such quality assurance program shall determine whether proper procedures are being followed, whether equipment is properly being used and properly capable of reading inspection test results and diagnostic test results, and for any problem found by the commissioner to impede the performance of the quality assurance program. Said quality assurance program shall include, but not be limited to, the following: equipment performance audits, both overt and covert audits; checks for adequacy of the document security requirements; procedures for responding to consumer complaints; data analysis and reporting of results of overt and covert audits; and proficiency training of department personnel assigned to conduct such audits.
The department will, with the cooperation and coordination of the registry, have the authority to enforce any provision in this section. Said authority shall not apply to enforcing said program requirements on the public ways of the commonwealth, but shall include compliance monitoring, as required by federal law, with particular respect to the on-road testing provisions of said federal law. Said enforcement authority shall also permit the department to enter the premises of any emissions testing facility, emissions diagnostics facility, or any other facility authorized herein for the purposes of assuring public health and consumer protection, performing the quality control and quality assurance requirements of this section, and for any other reasonable purpose, as determined by the commissioner.
The department shall review and evaluate its quality control and quality assurance programs periodically in order to assess their effectiveness and relevance to achieving emissions inspection program goals.
(l) Tampering with any emissions control device or system is prohibited. The department shall develop and implement procedures to identify and prevent tampering with any required emission control device or system, and to incorporate such procedures into the emissions inspection. Any such tampering shall be cause for failing the emissions inspection notwithstanding the numerical readings generated from the typeable portion of the emissions test.
(m) The department shall, in cooperation and coordination with the registry, develop, implement, and utilize data systems necessary to link the department and the registry with all emissions inspection facilities. Said linkages shall be capable of allowing each emissions inspection facility limited access to the registry's vehicle registration database, while at the same time assuring adequate data security, for the purpose of verifying and validating the vehicle for inspection. Subsequent to the inspection, the data system shall be properly configured and transmitted, as determined by the commissioner and the registrar, so as to provide the registry with the information it needs to fulfill the registration requirements of chapter ninety and any other information the registry needs to fulfill its program oversight functions, as well as to provide to the department with any information it requires to oversee and administer any program requirement pursuant to this chapter.
(n) The department shall, in implementing the requirements of this section, acquire personnel, purchase equipment, and procure services necessary to achieve the objectives of this section, for the purposes of quality control and quality assurance; on-road testing; data acquisition, data processing, and data reporting; program evaluation; or for other purpose deemed necessary by the commissioner.
(o) The technical and performance specifications of any equipment or related configuration, determined by the department to be necessary and required in the implementation of the provisions of this section, shall be reevaluated periodically as to its useful life, flexibility, and applicability as to changing technological conditions and continued effectiveness in the enhanced emissions inspection program authorized in this section.
(p) The department shall establish procedures concerning the application and implementation of vehicle on-board diagnostic systems to the motor vehicle emission inspection program established herein and of chapter ninety.
(q) Notwithstanding the provisions of section six B of chapter eleven, any provision of this chapter is a continuation of current, long-standing requirements to inspect motor vehicles for emissions and to affect emission-related repairs if a vehicle fails such emissions inspection. Any such requirement that results in emissions inspection or associated repair costs to local or county governments shall not be construed as a new mandate.
SECTION 7. Any regulation promulgated pursuant to the requirements of this act shall be consistent with the public notice requirements of section two of chapter thirty A of the General Laws.
SECTION 8. Section one hundred and forty-two J of said chapter one hundred and eleven is hereby repealed.
SECTION 9. Subsection (c) of section one hundred and forty-two M of chapter one hundred and eleven of the General Laws, added by section six of this act, shall take effect on July first, nineteen hundred and ninety-five. Section eight shall take effect on December thirty-first, nineteen hundred and ninety-five.
SECTION 10. The secretary of administration and finance in conjunction with the registry of motor vehicles and the department of revenue shall conduct a study concerning the costs and fairness of allowing a tax credit for those licensees as defined in section one of chapter ninety of the General Laws who, after January first, nineteen hundred and ninety-one, purchased emissions analyzers as defined in said section one. Said study shall take into account the initial costs of said emissions analyzers, the depreciation of said emissions analyzers and the revenue realized by said licensees in performing emission inspections.
Said study together with recommended legislation shall be filed with the clerk of the house of representatives with copies to the house committee on ways and means, the joint committee on public safety and the joint committee on taxation within sixty days of the effective date of this act.