SENATE, No. 124
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 15, 1996
By Senator LITTELL
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. 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.
"Ozone Transport Region" means the ozone transport region established pursuant to 42 U.S.C. §7511c (a), comprising the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and the District of Columbia, which together form the membership of the Ozone Transport Commission for the northeastern and mid-Atlantic states established pursuant to 42 U.S.C. §7506a.
"State implementation plan" means the plan or plan revisions required to be submitted by a state or the District of Columbia 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. For the purposes of this act, if the District of Columbia is required to submit some other instrument or documentation to accomplish the same purpose, that instrument or documentation shall be considered a "state implementation plan."
2. 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 develop, 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 of Environmental Protection has certified, pursuant to subsection b. of this section, that the 12 states in the Ozone Transport Region and the District of Columbia have established the statutory and regulatory authority necessary to fully implement and place in operation an enhanced inspection and maintenance program in each of their respective states and the District of Columbia, and have received approval from the United States Environmental Protection Agency to implement the program proposed by law, regulation or revision to their respective state implementation plans.
b. The Commissioner of Environmental Protection, within 60 days of the effective date of this act and annually thereafter, shall certify which of the states in the Ozone Transport Region and the District of Columbia have adopted the necessary laws and regulations required to fully implement and place in operation an enhanced inspection and maintenance program. The commissioner shall also monitor the progress of the programs in the states in the Ozone Transport Region and the District of Columbia and shall notify in writing the Governor and the Legislature if any state or the District of Columbia implements, suspends, delays or terminates an enhanced inspection and maintenance program in that state or the District of Columbia, or repeals any law or regulation authorizing the implementation of an enhanced inspection and maintenance program.
3. This act shall take effect immediately.
STATEMENT
This bill delays the development, 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 certified that the 12 states in the Ozone Transport Region and the District of Columbia have established the statutory and regulatory authority required to fully implement and place in operation an enhanced inspection and maintenance program in each of their respective states and the District of Columbia. The states in the Ozone Transport Region are Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia.
The bill also requires the Commissioner of Environmental Protection, within 60 days of enactment and annually thereafter, to certify which states and the District of Columbia have adopted the necessary laws and regulations required to fully implement and place in operation enhanced inspection and maintenance programs, and have received approval from the United States Environmental Protection Agency to implement the program proposed by law, regulation or revision to their respective state implementation plans. The commissioner is also required to monitor the progress of the programs and notify the Governor and the Legislature in writing if any state or the District of Columbia implements, suspends, delays or terminates an enhanced inspection and maintenance program, or repeals any law or regulation authorizing the implementation of an enhanced inspection and maintenance program.
The bill 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.
Delays implementation of inspection and registration program established by P.L.1995, c.112 until states in Ozone Transport Region and District of Columbia establish authority to implement enhanced inspection and maintenance programs.