SENATE NATURAL RESOURCES AND ECONOMIC DEVELOPMENT COMMITTEE

STATEMENT TO

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, Nos. 53 and 124

STATE OF NEW JERSEY

DATED: FEBRUARY 22, 1996

      The Senate Natural Resources and Economic Development Committee reports without recommendation a Senate Committee Substitute for Senate Bill Nos. 53 and 124.

      The committee substitute, 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 substitute 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 substitute.

      The substitute also 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 substitute 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 substitute 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.