ASSEMBLY, No. 1697
STATE OF NEW JERSEY
INTRODUCED MARCH 4, 1996
By Assemblymen ROMA and KELLY
An Act concerning the inspection and registration of motor vehicles and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as "The New Jersey Motorists Fairness Act."
2. As used in this act:
"Commissioner" means the Commissioner of Environmental Protection;
"Enhanced inspection and maintenance program" means an emissions inspection program for motor vehicles that may affect the registration or certification of motor vehicles for legal operation in a state, that complies with federal requirements for the inspection and registration of motor vehicles established by the federal "Clean Air Act Amendments of 1990," 42 U.S.C.A.§7403 et seq., the federal rules and regulations adopted pursuant thereto, and that is approved by the United States Environmental Protection Agency for implementation in states required by federal law to implement an enhanced program to reduce pollution from in-use motor vehicles in part of the state or statewide;
"Neighboring states" means the states of Connecticut, Delaware, New York and Pennsylvania; and
"State implementation plan" means the plan or plan revisions required to be submitted by a state to the United States Environmental Protection Agency pursuant to the federal "Clean Air Act Amendments of 1990," 42 U.S.C.A.§7403 et seq., to show compliance with the requirements of the act.
3. a. Notwithstanding the provisions of P.L.1995, c.112 (C.39:8-41 et seq.), or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, no State agency, department or division thereof shall implement or enforce any aspect of an inspection or registration program for motor vehicles established pursuant to P.L.1995, c. 112, or implement or enforce any provision of any regulation adopted pursuant thereto, until the commissioner has certified, pursuant to subsection b. of this section, that the United States Environmental Protection Agency has approved state implementation plans or revisions thereto providing for the development and implementation of enhanced inspection and maintenance programs for:
(1) at least three of the neighboring states; or
(2) New York and Pennsylvania.
b. The commissioner, within 60 days of the effective date of this act and every 90 days thereafter, shall certify which of the neighboring states have an approved state implementation plan or revision thereto providing for the development and implementation of an enhanced inspection and maintenance program. The commissioner shall also monitor the progress of the enhanced inspection and maintenance programs in the neighboring states and shall notify in writing to the Governor and the Legislature if any of those states implement, suspend, delay or terminate an enhanced inspection and maintenance program, and the effect that such action may have on the conditions imposed pursuant to subsection a. of this section.
c. Notwithstanding the provisions of P.L.1995, c.112 (C.39:8-41 et seq.), or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, a State agency, department or division thereof shall operate or provide for the operation of an enhanced inspection and maintenance program only if, within 30 days of the first day on which motor vehicles are actually inspected under an enhanced inspection and maintenance program in this State, motor vehicles have been or will be inspected under enhanced inspection and maintenance programs in:
(1) at least three of the neighboring states; or
(2) New York and Pennsylvania.
4. This act shall take effect immediately.
STATEMENT
This bill, entitled "The New Jersey Motorists Fairness Act," delays the implementation or enforcement of the inspection or registration program for motor vehicles established pursuant to the "Federal Clean Air Mandate Compliance Act," P.L.1995, c.112 (C.39:8-41 et seq.) until the Commissioner of Environmental Protection has made certain certifications. Specifically, the Commissioner of Environmental Protection must certify that the United States Environmental Protection Agency has approved state implementation plans (SIPs) or SIP revisions providing for the development and implementation of enhanced inspection and maintenance programs for: (1) at least three of the neighboring states, defined in the substitute as Delaware, Connecticut, New York and Pennsylvania, or (2) New York and Pennsylvania.
The bill also requires the commissioner, within 60 days of the effective date of the act, and every 90 days thereafter, to certify which of the neighboring states have an approved SIP providing for the development and implementation of an enhanced inspection and maintenance program. The commissioner is also required to monitor the progress of programs in the neighboring states and to notify the Governor and the Legislature in writing if any of those states implements, suspends, delays or terminates an enhanced inspection and maintenance program, and the effect that such action may have on the program delay imposed pursuant to the bill.
Finally, the bill authorizes the State to operate or provide for the operation of an enhanced inspection and maintenance program only if, within 30 days of the first day on which motor vehicles are actually inspected under an enhanced inspection and maintenance program in this State, motor vehicles have been or will be inspected under enhanced inspection and maintenance programs in either three of the four neighboring states or in Pennsylania and New York.
The bill defines a "state implementation plan" as the plan or plan revisions required to be submitted by a state to the United States Environmental Protection Agency pursuant to the federal "Clean Air Act Amendments of 1990," 42 U.S.C.A.§7403 et seq., to show compliance with the requirements of the act. The bill also defines an "enhanced inspection and maintenance program" as an emissions inspection program for motor vehicles that may affect the registration or certification of motor vehicles for legal operation in a state, that complies with federal requirements for the inspection and registration of motor vehicles established by the federal "Clean Air Act Amendments of 1990," 42 U.S.C.A.§7403 et seq., the federal rules and regulations adopted pursuant thereto, and that is approved by the United States Environmental Protection Agency for implementation in states required by federal law to implement the enhanced program to reduce pollution from in-use motor vehicles in part of the state or statewide.
"The New Jersey Motorists Fairness Act."