ARIZONA STATE SENATE
Phoenix, Arizona
emissions
testing; heavy duty vehicles
(NOW: diesel vehicles; emissions testing)
Requires the implementation and enforcement of a roadside diesel emission testing program in Area A (primarily Maricopa County) and Area B (Pima County) for vehicles with a gross vehicle weight rating (GVWR) of 10,000 pounds or more.
Legislation enacted in 1998 required the Arizona Department of Environmental Quality (ADEQ) to implement a pilot random roadside emissions test for diesel vehicles with a GVWR of more than 8,500 pounds, using the snap acceleration test developed by the Society of Automotive Engineers (SAE J1667). This pilot program was never implemented because of mandatory cost cutting requirements imposed on ADEQ by the Legislature to reduce the cost of the vehicle emissions inspection program.
In March 2000, Governor Jane Hull established the Brown Cloud Summit by executive order (EO 2000-3) to identify ways of reducing the brown cloud and recommend proposals to address the pollution that contributes to the brown cloud. The brown cloud is generally acknowledged to be the combination of carbon particles and nitrogen dioxide gas that creates the brown color of haze. Extremely small particles of pollutants, such as particulate matter and the chemical conversion of nitrogen dioxide and sulfur dioxide to particles, generally comprise the brown cloud.
The summit adopted its final recommendations in January 2001. One of the measures recommended by the Brown Cloud Summit was the full implementation of a roadside diesel emission testing program.
H.B. 2577 does not provide a funding source for the roadside diesel emission testing program. For informational purposes, H.B. 2538 includes the identical provisions establishing the diesel testing program and includes a general fund appropriation of $750,000 in FY 2001-2002 and $1,250,000 in FY 2002-2003 for funding the program.
1. Requires ADEQ to establish and administer a roadside diesel testing program for diesel vehicles over 10,000 pounds GVWR , including apportioned vehicles, operating in Area A or Area B (Pima County). Smoke testing procedures and measuring equipment are to conform to the SAE J1667 standards (snap acceleration smoke test procedure).
2. Authorizes ADEQ to contract with an independent contractor to implement the program. If an independent contractor is utilized, the Department of Administration is required to administer the RFP and award processes.
3. Establishes initial opacity cutpoints for the program and allows ADEQ to adjust the cutpoints in the future. The initial cutpoints are:
· 40% for model year 1991 or newer
· 55% for model years 1974-1990
· 70% for 1973 and older
4. Specifies procedures to be followed and standards to be met by ADEQ in adjusting the test standards to account for ambient conditions and to establish alternative test procedures for vehicle engines unable to meet the opacity cutpoints based on the lack of an appropriate standard for that engine.
5. Establishes civil penalties for drivers who fail the opacity test or refuse to submit to the test. The penalties range from $300 to $1,800 depending on degree of test failure and the timeframe in which compliance and penalty payment is made. Requires civil penalties to go to the state general fund.
6. Allows the Director of the Department of Transportation to suspend the registration of a vehicle for which a civil penalty is not paid. A person with a suspended registration may apply for reinstatement of the registration once the penalty and any applicable fees are paid.
7. Specifies that notices of violation and citations issued and penalties assessed are appealable agency actions.
8. Prohibits the issuance of citations during a six-month phase in period for the program.
9. Requires ADEQ to report to the Legislature and the Governor by June 30, 2002 on the following:
· The feasibility of coordinating the program with existing pullover programs.
· The identification of the location of existing inspection sites and potential locations for additional sites.
· 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.
· A description of the program scope, operation and implementation schedule.
10. Provides for a general effective date.
ENV 3/6/01 DPA/SE 10-0-0-0
Third Read 3/22/01 42-12-6-0
Prepared by Senate Staff
April 3, 2001