SB 118 - 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 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.

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 twenty dollar emissions inspection 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.

Reformulated gas (RFG) shall not be required for a distributor who has a bulk plant in the nonattainment area and services agricultural business outside the nonattainment area.

This act is similar to SB 541 from 1998 and TAT CCS/HS/SCS/SB 19 and TAT SCS/HCS/HBs 603, 722 & 783.

The act contains penalty provisions.
OTTO FAJEN