House of Representatives

HB 2577

emissions testing; heavy diesel vehicles

Sponsors: Rep. Allen, Weirs: Blendu,  et al

 

X

Committee on Environment

 

Caucus and COW

 

 

As Passed the House

 

Summary for the proposed strike-everything amendment to HB 2577  (dated 03/02/01 at 1:12 PM)

 

The bill establishes a roadside heavy-duty diesel (>10,000 lbs GVW) emissions testing program in the state, which may be administered through an independent contractor.   It also sets up a penalty structure for violations.

  

History

The following information is from the Brown Cloud Summit's January 16, 2001 final report, which is available at http://www.adeq.state.az.us/environ/air/browncloud/index.html.

 

In 1996, EPA recommended that the SAE J1667 test be used in roadside diesel testing programs, and since then, several states have operated pilot and/or regulatory programs. As a result of a 1998 Task Force recommendation, the Legislature enacted SB 1427 in the regular 1998 Legislative Session.  This bill authorized DEQ to conduct a pilot roadside diesel test program, using the Society of Automotive Engineers (SAE) J1667, or snap idle, test for diesel vehicles with a GVWR at or above 8,500 pounds.  The goal of the program was to tabulate pass and fail rates and obtain registration and noncompliance information regarding failing vehicles in order to make recommendations for implementation of a permanent program. 

 

However HB 2001, enacted in the December 1998 Special Session, directed DEQ to reduce administrative expenses resulting in a reduction in force which eliminated the positions established to conduct the pilot roadside diesel test.  This proposed measure would replace the authority to conduct pilot testing with a regulatory program.

 

 

Provisions

·        DEQ may administer the program through an independent contractor.

·        If the program is contracted out the provisions shall include, at a minimum, the following:

Testing not less than 300,000 vehicles annually;  an initial contract period of not less than 5 years with the renewal option of 2 years;  payment terms shall be on per test basis;  the bid shall be structured so that no net cost is incurred to the state during the first year of the contract.

·         The test method is a snap idle smoke opacity test conforming with the SAE J1667 standard and a visual and tampering inspection. Cutpoints are set based on vehicle model years and are subject to adjustment by DEQ.  (40% for model years 1991 and newer; 55% for model years 1974-1990; 70% for model year 1973 and older)

·        Vehicles equipped with any engine for which the manufacturer has demonstrated greater smoke opacity than the standards when adjusted to the manufacturer's specification shall be subject to alternative test standards as determined in a 1998 CARB technical bulletin.  DEQ shall adopt rules in the event alternative smoke opacity standards are necessary for other engines.

·        A six-month phase in period shall be established to raise awareness of the program and encourage repair; no citations shall be issued during this time.

·        A civil penalty applies to the driver of the vehicle if the vehicle fails the snap idle opacity test, the visual and tampering inspection or the operator refuses to submit to the testing procedures.  The driver may request an administrative hearing from DEQ.  The penalty ranges from $300 to $1,800 depending on the circumstances of the violation.

·        DEQ shall deposit monies received from civil penalties to the general fund.

·        DEQ shall submit a study report regarding the roadside diesel testing program to the Governor, the President of the Senate, the Speaker of House of Representatives and the Arizona State Library, Archives and Public Records by June 30, 2002 on the following items:

  1. The feasibility of coordinating with existing safety and weight programs.
  2. The identification of existing inspection sites to capture a majority of vehicles.
  3. The evaluation of potential locations for additional inspection sites.
  4. The assessment of the potential number or percentages of diesel vehicles that visual screening would result in the suspected vehicle being inspected for exceeding the standards.

      5.  The determination and description of the scope, operation and schedule for implementation of the program.

 

 

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45th Legislature                       

Second Regular Session            3          March 5, 2001

 

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