SENATE, No. 1352
STATE OF NEW JERSEY
INTRODUCED JUNE 20, 1996
By Senators McNAMARA and CIESLA
An Act concerning the retirement of motor vehicles and supplementing P.L.1993, c.69.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The comprehensive plan (hereinafter referred to as the "plan") to provide incentives for the retirement of motor vehicles prepared and adopted by the Department of Environmental Protection pursuant to section 8 of P.L.1993, c.69 (C.26:2C-8.12), or any other law or rule or regulation adopted pursuant thereto, shall include the provisions set forth in this section.
b. Any motor vehicle scrappage program that may be implemented in the State shall be implemented pursuant to the provisions of the plan.
c. The plan shall provide that no motor vehicle scrappage program implemented in the State shall require any individual to participate in the motor vehicle scrappage program or require the mandatory or involuntary scrappage of any vehicle.
d. The plan shall include a Highly Desirable Vehicle list of makes, models and model years of motor vehicles, which because of their rarity, historical importance, or special interest, shall be ineligible for a motor vehicle scrappage program, and a Salvagable Vehicle list of makes, models and model years of motor vehicles determined to be a valuable source of automotive parts. The department shall develop the Highly Desirable Vehicle List and the Salvagable Vehicle List in consultation with the Classic and Collectible Car Advisory Group. The advisory group shall consist of nine members as follows: The Commissioner of Environmental Protection, or his deisgnee; the Commissioner of Transportation, or his designee; the Director of the Division of Motor Vehicles in the Department of Transportation, or his designee; and six public members who are members of classic and collectible automobile groups or associations. Of the public members, two shall be apppointed by the Governor; two shall be appointed by the President of the Senate, one of whom upon recommendation of the Minority leader thereof; and two shall be appointed by the Speaker of the General Assembly, one of whom upon recommendation of the Minority leader thereof. The department shall include the lists in the plan after holding at least one public hearing, with adequate public notice, to solicit public comment on the lists in proposed form.
e. The plan shall provide that no motor vehicle on the Highly Desirable Vehicle list established pursuant to subsection d. of this section shall be accepted for scrappage under a motor vehicle scrappage program implemented pursuant to the plan.
f. The plan shall provide than any person providing motor vehicle scrapping services pursuant to a motor vehicle scrappage plan shall make available storage space to hold at least five percent of all motor vehicles scrapped during a 30-day period. Any motor vehicle on the Salvagable Vehicle list established pursuant to subsection d. of this section shall be held in the storage space for at least 30 days subsequent to acceptance for scrappage. During that time, the motor vehicle may not be sold as a rolling chassis, but any part of the motor vehicle, except for the intact engine and intact exhaust system, shall be available for sale. Individual components of the engine and the exhaust system may be sold as automotive parts. Those motor vehicles on the Salvagable Vehicle list for which storage space is available may be scrapped after the 30-day period.
g. The plan shall provide that any motor vehicle scrappage program may include an option that allows emission credits to be earned for a stationary source in exchange for the performance of repairs upon any motor vehicle that fails the enhanced inspection and maintenance test performed by the Division of Motor Vehicles in the Department of Transportation and requires repairs valued at $450 or more in order to pass the enhanced inspection and maintenance test.
h. In the event the department adopts the plan prior to the effective date of this section, the department shall, as necessary, amend the plan to incorporate the provisions required to be in the plan pursuant to this section.
2. This act shall take effect immediately.
STATEMENT
This bill would supplement the existing statutory law concerning motor vehicle scrappage programs in order to prevent certain vintage vehicles from being destroyed and to ensure that parts for these vehicles are not destroyed before there is an opportunity to salvage those parts.
Section 8 of P.L.1993, c.69 (C.26:2C-8.13) requires that, by March 10, 1994, the Department of Environmental Protection prepare and adopt a comprehensive plan to provide incentives for the retirement from use in the State of older, inefficient motor vehicles that pollute the environment at higher rates. The department released the plan in March 1994. This bill establishes certain requirements for the comprehensive plan and requires that any motor vehicle scrappage program that may be implemented in the State shall be implemented pursuant to the provisions of the plan. Under the bill, the department is required to amend the previously adopted plan to incorporate the bill's provisions.
The bill requires that the plan provide that any motor vehicle scrappage program be strictly voluntary and that the Department of Environmental Protection establish, in consultation with the nine-member "Classic and Collectible Car Advisory Group" created in the bill, a Highly Desirable Vehicle List, which would be a list of vehicles ineligible for any motor vehicle scrappage program, and a Salvagable Vehicle List, which would be a list of vehicles determined to be valuable sources of automobile parts. At least one public hearing would held on the proposed lists prior to establishing the lists.
The bill also requires that the plan shall provide that any person providing motor vehicle scrapping services pursuant to a motor vehicle scrappage plan must make available storage space to hold at least five percent of all motor vehicles scrapped during a 30-day period. Any motor vehicle on the Salvagable Vehicle List must be held in the storage space for at least 30 days subsequent to acceptance for scrappage. During that time, the motor vehicle could not be sold as a rolling chassis, but any part of the motor vehicle, except for the intact engine and intact exhaust system, would be available for sale. Individual components of the engine and the exhaust system could be sold as automotive parts. Those motor vehicles on the Salvagable Vehicle List for which storage space is available could be scrapped after the 30-day period.
Finally, the bill provides that the plan shall provide that any motor vehicle scrappage program may include an option that allows emission credits to be earned for a stationary source of air emissions in exchange for the performance of repairs upon any motor vehicle that fails the enhanced inspection and maintenance test performed by the Division of Motor Vehicles in the Department of Transportation and requires repairs valued at $450 or more in order to pass the enhanced inspection and maintenance test.
It is the sponsor's desire and intent that the "Classic and Collectible Car Advisory Group" created in the bill comply with the requirements of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.) whenever it conducts its business.
Establishes certain protections for collectible cars and parts under vehicle scrappage program.