HCS/SB 72 - This act modifies the motor vehicle emission inspection program for the greater St. Louis metropolitan area and requirements for fuel efficiency and fuel use in state vehicles.

EXISTING "BAR90" INSPECTION PROGRAM - The Missouri Highway Patrol and the Department of Natural Resources shall establish a public education program on existing vehicle maintenance requirements, attainment of federal air quality standards and the measures considered to satisfy the air quality standards. The Highway Patrol may provide enforcement procedures and personnel for the existing, BAR90 program.

ENHANCED "IM240" INSPECTION PROGRAM - The inspections were authorized by SB 590 from 1994 but have not been implemented. SB 590 delayed the implementation of new vehicle testing procedures until after termination of a suit filed by the State of Missouri against the Environmental Protection Agency contesting the constitutionality of the sanctions contained in the federal Clean Air Act. The act provides that the inspection program shall not be implemented until after final disposition of all lawsuits brought by the Attorney General as required by SB 590, including all appeals of rulings.

SB 590 requires the Department to contract with a person or persons for vehicle emission inspections and such persons are prohibited from performing any other work at the inspection station, such as vehicle repair. When establishing the number and location of inspection stations, public convenience shall be given first priority and financial viability of stations shall be considered. The act removes authorization for the Department to purchase the inspection station facilities and lease the facilities to the contractor or contractors.

The act requires that at least three inspection stations shall be capable of testing vehicles which are four-wheel-drive only. The act provides that the pressure and purge tests shall be nonintrusive and prohibits a vehicle from failing the inspection based solely on the visual inspection. The act requires a continuously-updated electronic display of the current waiting time at each station. The twenty dollar fee reduction for persons required to wait more than one hour for an inspection is removed by the act, and the maximum fee reduction shall be ten dollars for any person required to wait more than thirty minutes for an inspection.

Inspectors must meet all training requirements established by the Department. Emission repair technicians must be certified by the Air Conservation Commission. Repair costs may be applied toward reaching the waiver amount only if the repairs are performed by a certified repair technician.

Existing law allows an organization of motor vehicle dealers to establish one or more inspection stations for inspecting only vehicles owned by members of the organization. The act broadens this provision to allow any person or organization to establish stations for inspecting only vehicles owned by the person or members of the organization. The minimum size of fleet for which the fleet operator may establish an inspection station for such fleet is lowered from five hundred to one hundred vehicles.

The requirement for a vehicle to be inspected and approved prior to sale or transfer is removed. Vehicles from odd-numbered model years shall be inspected in odd-numbered calendar years and vehicles from even- numbered model years shall be inspected in even-numbered calendar years. Valid inspection stickers and inspection certificates shall be transferred to the new owner upon transfer of ownership. A motor vehicle dealer may sell a vehicle with prior inspection and approval or with transfer of a valid inspection sticker and certificate.

A dealer may also sell a vehicle without prior inspection and approval. The act allows such a vehicle, if returned by the buyer for failing the emissions inspection, to be inspected and approved with the option for a waiver and then be returned to the buyer. The requirement for a dealer to provide a full refund if the vehicle is not returned with inspection and approval in five days is removed by the act.

The act requires the Department of Natural Resources and the Missouri Highway Patrol to enter into an interagency agreement covering all aspects of the administration and enforcement of the current BAR90 emissions inspection and any enhanced emissions inspection implemented under Chapter 643, RSMo. The Highway Patrol may assign personnel who are not highway patrol officers, known as "brown shirts", to investigate and enforce all emissions inspection programs.

The act increases from one to four the number of unannounced inspections which the Department must make annually of each inspection station.

The Air Emission Reduction Fund shall be used for administration and enforcement of I/M 240 by the Department, the Highway Patrol and other agencies.

Currently, the Missouri Air Conservation Commission is prohibited from establishing an enhanced I/M program under chapter 643 in any area where the Governor has "opted-in" to require reformulated gas (RFG) in that same area. The act removes this prohibition on the establishment of the enhanced I/M program in areas with RFG.

The act restricts establishment of the enhanced emissions inspection program to the urbanized portion of the St. Louis nonattainment area, as determined by the local metropolitan planning organization.

The act establishes the "Joint Committee for Legislative Oversight of Auto Emissions Testing". The committee shall provide oversight of all aspects of emissions inspection programs and report periodically to the General Assembly. The committee shall consist of two Representatives appointed by the Speaker and of different political parties and two Senators appointed by the President Pro Tem and of different political parties. The committee shall be appointed by January 1, 1998 and shall be dissolved no later than one year after complete implementation of the enhanced emissions inspection program.

This portion of the act is similar to SB 669 from 1996.

FUEL CONSERVATION - This act modifies the Fuel Conservation for State Vehicles Program. The current requirement for a 20% reduction in fuel consumption by state vehicles by 1997 is replaced by a requirement that state agencies must meet minimum guidelines for efficient vehicle fleet management established by the Department of Natural Resources. The guidelines will be revised every 2 years and shall, at a minimum, require each agency's overall vehicle fleet fuel efficiency to equal the efficiency that would be achieved if each vehicle in the fleet met the federal Corporate Average Fuel Economy (CAFE) standard. State agencies must submit a fleet efficiency plan that meets these guidelines or may only purchase vehicles that meet or exceed the CAFE standard and have a life cycle cost that is equal to or less than the average for the vehicle class. The purchase of all class III vehicles must be approved through appropriations for all state agencies except the Highway Patrol.

The act also changes requirements for purchase and use of state vehicles capable of using alternative fuels. These vehicles were required to be at least 10% of state agency fleet purchases between July 1, 1994, and July 1, 1996 and are required to be at least 30% of purchases between July 1, 1996, and July 1, 1998 and 50% of purchases during each biennial period thereafter. Vehicles purchased before July 1, 1994, or in excess of a biennial goal may be credited toward any future goal. Non-fleet vehicles capable of using alternative fuels may also be credited toward any goal. The maximum percentage by which the cost of these vehicles may exceed the cost of conventional vehicles is increased from 5% to 10% for most areas of the state, but is increased from 5% to 17% if the vehicle is based and used primarily in federally-designated clean air maintenance or nonattainment areas.

The current requirement that 30% of state-owned alternative fuel vehicles be operated solely on an alternative fuel by 2002, is replaced by a requirement that at least 30% of fuel purchased annually for alternative fuel vehicles must be alternative fuel by 2000. Alternative fuel used in non-fleet vehicles may be credited toward an agency's annual goal.

This portion of the act is similar to HB 135 from 1997.

ADMINISTRATIVE RULES - The act places any rule promulgated under its authority under certain standards for withstanding a court challenge, requires the court to award reasonable fees and expenses to any prevailing party in such a challenge, and requires that rules promulgated pursuant to the substitute expire on August 28th of the year after they become effective unless extended by statute. These rules provisions have a conditional termination date.

The act contains penalty provisions.

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