SCS/SBs 541 & 822 - This act modifies the motor vehicle emission inspection program for the greater St. Louis metropolitan area. The inspections were mandated in SB 590, from 1994, but have not been implemented.

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.

Vehicles with a valid emissions inspection sticker shall not be required to be inspected under the existing BAR90 inspection program at time of sale or transfer, provided that any such vehicle may be returned by the purchaser if the vehicles fails to pass the next required emissions test and the seller shall have the vehicle inspected and approved without an option for a waiver within five working days, and the seller shall disclose, on the purchase contract, the purchaser's right to return the vehicle if the vehicle fails the next emissions test.

Current law exempts new vehicles from the BAR90 emissions inspection test for the initial registration and the succeeding year's registration. The act also exempts new vehicles from the BAR90 emissions inspection test for the second succeeding year's registration.

All rules promulgated by the Air Conservation Commission shall be subject to the rulemaking provisions of chapter 536, RSMo. Rules promulgated by the Air Conservation Commission and the Highway Patrol to implement the existing BAR90 motor vehicle emissions inspection shall be subject to the rulemaking provisions of Chapter 536, RSMo.

The act revises section 643.305, RSMo, to authorize the Air Conservation Commission to establish and implement a SIP for any nonattainment area, without particular limitations to certain counties.

The act provides that an emissions inspection program using IM240 equipment may not be used in a first-class, non-charter county under 100,000 population, which would exclude Franklin County from that the IM240 type of program until that population value is reached.

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, except that RFG may not be required in that part of Franklin County which is south or west of a specified portion of the NE part of the county which includes St. Clair, Union and Washington. Reformulated gas shall not be required for a distributor who has a bulk plant in the nonattainment area and services agricultural business outside the nonattainment area.

An information pamphlet concerning RFG shall be made available at all locations where reformulated gas is sold. The content of the pamphlet shall be established by a concurrent resolution of the General Assembly, and the pamphlet shall be distributed free of charge by the Department.

Reformulated gas shall be considered a "motor fuel" for the purposes of the existing prohibition on selling motor fuel below dealer cost.

The Governor, the Department and the Air Conservation Commission shall work to provide an orderly introduction of reformulated gas into the nonattainment area.

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 any enhanced emissions inspection implemented under Chapter 643, RSMo.

The Department may license or contract to provide inspections stations and shall be exempted from state laws regarding site procurement. Service management, coordination and data processing may be provided by the Department or another person. Licenses shall be for up to seven years and shall be annually reviewed. A license may be suspended or revoked if the licensee is not meeting the requirements of the applicable law and rules.

The act removes authorization for the Department to purchase the inspection station facilities and lease the facilities to the licensees. 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 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 inspection program shall include a remote sensing testing and approval program, also known as Clean Screen, if allowed by USEPA and if such program causes no more than a five percent reduction in total emissions reductions credits for the inspection program.

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 act provides that the testing facilities established by vehicle fleet owners, if approved by the Air Conservation Commission, may include any or all test components of the existing BAR90 test or any new enhanced emissions test, and tests at such facilities shall satisfy the new enhanced emissions testing requirements.

A motor vehicle dealer may sell a vehicle with prior inspection and approval within 120 days preceding the date of sale. 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 without 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.

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.

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. The waiting time shall begin when the vehicle is on the premises of the inspection station and available for inspection.

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 unincorporated portion of Franklin Co. shall not be subject to open burning rules until the county reaches a population of 100,000.

This act is similar to SB 72 from 1997.

The act contains penalty provisions.
OTTO FAJEN