Decentralized emissions program for inspections, when, program forinspecting certain motor vehicles, requirements--application forauthorization to conduct emissioninspections--repairs--certification to begin, when,report--remote sensing devices and gas cap testsauthorized--program requirements, interagencyagreements--rulemaking authority--promotion of program.
643.303. 1. Beginning September 1, 2007, emissions inspectionsrequired by sections 643.300 to 643.355 shall be conducted through adecentralized emissions program that meets the requirements of thissection. Prior to September 1, 2007, the air conservation commission shalldevelop a decentralized emissions inspection program that allows officialinspection stations to conduct on-board diagnostic emission inspections of1996 model year and newer motor vehicles equipped with on-board diagnosticsystems meeting the federal Environmental Protection Agency On-BoardDiagnostics II (OBDII) standards. The decentralized emissions inspectionprogram shall, at a minimum, provide for the following:
(1) The periodic inspection of certain motor vehicles as requiredunder section 643.315;
(2) The certification and operation of official emissions inspectionstations and the licensing of emission inspectors;
(3) The testing of motor vehicles through on-board diagnostic testingtechnologies;
(4) The training, certification, and supervision of emissioninspectors and other personnel; and
(5) Procedures for certifying test results and for reporting andmaintaining relevant data records.
2. In addition to any other criteria established by the commissionunder section 643.320 or by rule, the decentralized emissions inspectionprogram shall allow any official inspection station located in an areadescribed in subsection 1 of section 643.305 otherwise qualified by theMissouri state highway patrol to conduct motor vehicle safety inspectionsunder section 307.360, RSMo, to conduct on-board diagnostic emissioninspections. Any motor vehicle safety inspection station that desires toconduct emissions inspections shall submit an application for a certificateof authorization to the commission as provided for under section 643.320.Other individuals, corporations, or entities that do not conduct motorvehicle safety inspections may conduct emission inspections provided theymeet the qualifications set forth in sections 643.300 to 643.355 and therules promulgated by the commission. Applications shall be made upon aform designated by the commission and shall contain such information as maybe required by the commission. A certificate of authorization issued undersection 643.320 to conduct emission inspections shall be issued only afterthe commission has made a determination that the applicant's proposedinspection station will be properly equipped, has the necessary licensedemission inspectors to conduct inspections, and meets all otherrequirements of sections 643.300 to 643.355 or rules promulgated to carryout the provisions of those sections.
3. The decentralized emissions inspection program shall allow anyofficial inspection station that is certified to conduct an on-boarddiagnostic emission inspection under sections 643.300 to 643.355 to repairmotor vehicles in order to bring such vehicles into compliance withsections 643.300 to 643.355, if such station and personnel meet thequalifications to conduct emission repairs as set forth in sections 643.300to 643.355. An official emission inspection station may elect to be anemissions test-only station or may elect to conduct both emissioninspections and repairs.
4. The commission is authorized to begin certification of officialinspection stations prior to September 1, 2007, in order to implement thedecentralized emissions inspection program. Prior to January 1, 2007, thedepartment of natural resources shall issue a report to the generalassembly and the governor regarding the progress of implementing thedecentralized emissions inspection program. The report shall include, butnot be limited to, a summary describing how many inspection stations orindividuals the department expects to participate in the program and howmany inspection stations or individuals will be qualified by September 1,2007, to conduct such emissions inspections.
5. The commission may, as a part of implementing the decentralizedemissions inspection program, use remote sensing devices to collectinformation regarding the vehicle fleet emissions characteristics andregistration compliance within the area described in subsection 1 ofsection 643.305. The decentralized emissions inspection programestablished by the commission may also include a clean screen program thatutilizes remote sensing devices. Owners of eligible vehicles who complywith clean screen/remote sensing procedures shall be deemed to havecomplied with the mandatory inspection requirements for the next inspectioncycle. As used in this subsection, the term "clean screen program" shallmean a procedure or system that utilizes remote sensing technologies todetermine whether a motor vehicle has acceptable emission levels and thenallows the motor vehicle owner to bypass the emissions inspection testrequired under section 643.315.
6. The decentralized emissions inspection program may include a gascap pressure test and a visual inspection component, and such tests may beincluded as part of the motor vehicle safety inspection test under section307.350, RSMo.
7. As used in sections 643.300 to 643.355, "decentralized emissionsinspection program" means an emissions inspection program under which acertified emissions inspector conducts emissions inspection testing at anofficial inspection station.
8. The decentralized emission inspection program shall satisfy therequirements established by regulation of the United States EnvironmentalProtection Agency.
9. The decentralized emissions inspection program established by thecommission and sections 643.300 to 643.355 shall not be construed to be anew program as described in section 23.253, RSMo, and the decentralizedemissions inspection program shall not be subject to the sunset mandateprescribed by sections 23.250 to 23.298, RSMo.
10. No later than July 1, 2007, the department of natural resourcesand the Missouri highway patrol shall enter into an interagency agreementcovering all aspects of the administration and enforcement of sections643.300 to 643.355.
11. No later than July 1, 2007, the air conservation commission shallpromulgate rules for the implementation of this section. Any rule orportion of a rule, as that term is defined in section 536.010, RSMo, thatis created under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly under chapter 536, RSMo, to review, todelay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2006, shall be invalidand void.
12. Prior to September 1, 2007, the department of natural resourcesshall actively promote participation in the decentralized emissionsinspection program among qualified motor vehicle dealers, service stations,and other individuals. After the implementation of the decentralizedemission inspection program, the department shall monitor participation insuch program. In determining whether there are a sufficient number ofindividuals conducting motor vehicle emission inspections under thedecentralized program, the department shall attempt to ensure, throughpromotional efforts, that no more than twenty percent of all personsresiding in the affected nonattainment area reside farther than five milesfrom the nearest inspection station.
Decentralized emissions program for inspections, when, program forinspecting certain motor vehicles, requirements--application forauthorization to conduct emissioninspections--repairs--certification to begin, when,report--remote sensing devices and gas cap testsauthorized--program requirements, interagencyagreements--rulemaking authority--promotion of program.
643.303. 1. Beginning September 1, 2007, emissions inspectionsrequired by sections 643.300 to 643.355 shall be conducted through adecentralized emissions program that meets the requirements of thissection. Prior to September 1, 2007, the air conservation commission shalldevelop a decentralized emissions inspection program that allows officialinspection stations to conduct on-board diagnostic emission inspections of1996 model year and newer motor vehicles equipped with on-board diagnosticsystems meeting the federal Environmental Protection Agency On-BoardDiagnostics II (OBDII) standards. The decentralized emissions inspectionprogram shall, at a minimum, provide for the following:
(1) The periodic inspection of certain motor vehicles as requiredunder section 643.315;
(2) The certification and operation of official emissions inspectionstations and the licensing of emission inspectors;
(3) The testing of motor vehicles through on-board diagnostic testingtechnologies;
(4) The training, certification, and supervision of emissioninspectors and other personnel; and
(5) Procedures for certifying test results and for reporting andmaintaining relevant data records.
2. In addition to any other criteria established by the commissionunder section 643.320 or by rule, the decentralized emissions inspectionprogram shall allow any official inspection station located in an areadescribed in subsection 1 of section 643.305 otherwise qualified by theMissouri state highway patrol to conduct motor vehicle safety inspectionsunder section 307.360, RSMo, to conduct on-board diagnostic emissioninspections. Any motor vehicle safety inspection station that desires toconduct emissions inspections shall submit an application for a certificateof authorization to the commission as provided for under section 643.320.Other individuals, corporations, or entities that do not conduct motorvehicle safety inspections may conduct emission inspections provided theymeet the qualifications set forth in sections 643.300 to 643.355 and therules promulgated by the commission. Applications shall be made upon aform designated by the commission and shall contain such information as maybe required by the commission. A certificate of authorization issued undersection 643.320 to conduct emission inspections shall be issued only afterthe commission has made a determination that the applicant's proposedinspection station will be properly equipped, has the necessary licensedemission inspectors to conduct inspections, and meets all otherrequirements of sections 643.300 to 643.355 or rules promulgated to carryout the provisions of those sections.
3. The decentralized emissions inspection program shall allow anyofficial inspection station that is certified to conduct an on-boarddiagnostic emission inspection under sections 643.300 to 643.355 to repairmotor vehicles in order to bring such vehicles into compliance withsections 643.300 to 643.355, if such station and personnel meet thequalifications to conduct emission repairs as set forth in sections 643.300to 643.355. An official emission inspection station may elect to be anemissions test-only station or may elect to conduct both emissioninspections and repairs.
4. The commission is authorized to begin certification of officialinspection stations prior to September 1, 2007, in order to implement thedecentralized emissions inspection program. Prior to January 1, 2007, thedepartment of natural resources shall issue a report to the generalassembly and the governor regarding the progress of implementing thedecentralized emissions inspection program. The report shall include, butnot be limited to, a summary describing how many inspection stations orindividuals the department expects to participate in the program and howmany inspection stations or individuals will be qualified by September 1,2007, to conduct such emissions inspections.
5. The commission may, as a part of implementing the decentralizedemissions inspection program, use remote sensing devices to collectinformation regarding the vehicle fleet emissions characteristics andregistration compliance within the area described in subsection 1 ofsection 643.305. The decentralized emissions inspection programestablished by the commission may also include a clean screen program thatutilizes remote sensing devices. Owners of eligible vehicles who complywith clean screen/remote sensing procedures shall be deemed to havecomplied with the mandatory inspection requirements for the next inspectioncycle. As used in this subsection, the term "clean screen program" shallmean a procedure or system that utilizes remote sensing technologies todetermine whether a motor vehicle has acceptable emission levels and thenallows the motor vehicle owner to bypass the emissions inspection testrequired under section 643.315.
6. The decentralized emissions inspection program may include a gascap pressure test and a visual inspection component, and such tests may beincluded as part of the motor vehicle safety inspection test under section307.350, RSMo.
7. As used in sections 643.300 to 643.355, "decentralized emissionsinspection program" means an emissions inspection program under which acertified emissions inspector conducts emissions inspection testing at anofficial inspection station.
8. The decentralized emission inspection program shall satisfy therequirements established by regulation of the United States EnvironmentalProtection Agency.
9. The decentralized emissions inspection program established by thecommission and sections 643.300 to 643.355 shall not be construed to be anew program as described in section 23.253, RSMo, and the decentralizedemissions inspection program shall not be subject to the sunset mandateprescribed by sections 23.250 to 23.298, RSMo.
10. No later than July 1, 2007, the department of natural resourcesand the Missouri highway patrol shall enter into an interagency agreementcovering all aspects of the administration and enforcement of sections643.300 to 643.355.
11. No later than July 1, 2007, the air conservation commission shallpromulgate rules for the implementation of this section. Any rule orportion of a rule, as that term is defined in section 536.010, RSMo, thatis created under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly under chapter 536, RSMo, to review, todelay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2006, shall be invalidand void.
12. Prior to September 1, 2007, the department of natural resourcesshall actively promote participation in the decentralized emissionsinspection program among qualified motor vehicle dealers, service stations,and other individuals. After the implementation of the decentralizedemission inspection program, the department shall monitor participation insuch program. In determining whether there are a sufficient number ofindividuals conducting motor vehicle emission inspections under thedecentralized program, the department shall attempt to ensure, throughpromotional efforts, that no more than twenty percent of all personsresiding in the affected nonattainment area reside farther than five milesfrom the nearest inspection station.
Decentralized emissions program for inspections, when, program forinspecting certain motor vehicles, requirements--application forauthorization to conduct emissioninspections--repairs--certification to begin, when,report--remote sensing devices and gas cap testsauthorized--program requirements, interagencyagreements--rulemaking authority--promotion of program.
643.303. 1. Beginning September 1, 2007, emissions inspectionsrequired by sections 643.300 to 643.355 shall be conducted through adecentralized emissions program that meets the requirements of thissection. Prior to September 1, 2007, the air conservation commission shalldevelop a decentralized emissions inspection program that allows officialinspection stations to conduct on-board diagnostic emission inspections of1996 model year and newer motor vehicles equipped with on-board diagnosticsystems meeting the federal Environmental Protection Agency On-BoardDiagnostics II (OBDII) standards. The decentralized emissions inspectionprogram shall, at a minimum, provide for the following:
(1) The periodic inspection of certain motor vehicles as requiredunder section 643.315;
(2) The certification and operation of official emissions inspectionstations and the licensing of emission inspectors;
(3) The testing of motor vehicles through on-board diagnostic testingtechnologies;
(4) The training, certification, and supervision of emissioninspectors and other personnel; and
(5) Procedures for certifying test results and for reporting andmaintaining relevant data records.
2. In addition to any other criteria established by the commissionunder section 643.320 or by rule, the decentralized emissions inspectionprogram shall allow any official inspection station located in an areadescribed in subsection 1 of section 643.305 otherwise qualified by theMissouri state highway patrol to conduct motor vehicle safety inspectionsunder section 307.360, RSMo, to conduct on-board diagnostic emissioninspections. Any motor vehicle safety inspection station that desires toconduct emissions inspections shall submit an application for a certificateof authorization to the commission as provided for under section 643.320.Other individuals, corporations, or entities that do not conduct motorvehicle safety inspections may conduct emission inspections provided theymeet the qualifications set forth in sections 643.300 to 643.355 and therules promulgated by the commission. Applications shall be made upon aform designated by the commission and shall contain such information as maybe required by the commission. A certificate of authorization issued undersection 643.320 to conduct emission inspections shall be issued only afterthe commission has made a determination that the applicant's proposedinspection station will be properly equipped, has the necessary licensedemission inspectors to conduct inspections, and meets all otherrequirements of sections 643.300 to 643.355 or rules promulgated to carryout the provisions of those sections.
3. The decentralized emissions inspection program shall allow anyofficial inspection station that is certified to conduct an on-boarddiagnostic emission inspection under sections 643.300 to 643.355 to repairmotor vehicles in order to bring such vehicles into compliance withsections 643.300 to 643.355, if such station and personnel meet thequalifications to conduct emission repairs as set forth in sections 643.300to 643.355. An official emission inspection station may elect to be anemissions test-only station or may elect to conduct both emissioninspections and repairs.
4. The commission is authorized to begin certification of officialinspection stations prior to September 1, 2007, in order to implement thedecentralized emissions inspection program. Prior to January 1, 2007, thedepartment of natural resources shall issue a report to the generalassembly and the governor regarding the progress of implementing thedecentralized emissions inspection program. The report shall include, butnot be limited to, a summary describing how many inspection stations orindividuals the department expects to participate in the program and howmany inspection stations or individuals will be qualified by September 1,2007, to conduct such emissions inspections.
5. The commission may, as a part of implementing the decentralizedemissions inspection program, use remote sensing devices to collectinformation regarding the vehicle fleet emissions characteristics andregistration compliance within the area described in subsection 1 ofsection 643.305. The decentralized emissions inspection programestablished by the commission may also include a clean screen program thatutilizes remote sensing devices. Owners of eligible vehicles who complywith clean screen/remote sensing procedures shall be deemed to havecomplied with the mandatory inspection requirements for the next inspectioncycle. As used in this subsection, the term "clean screen program" shallmean a procedure or system that utilizes remote sensing technologies todetermine whether a motor vehicle has acceptable emission levels and thenallows the motor vehicle owner to bypass the emissions inspection testrequired under section 643.315.
6. The decentralized emissions inspection program may include a gascap pressure test and a visual inspection component, and such tests may beincluded as part of the motor vehicle safety inspection test under section307.350, RSMo.
7. As used in sections 643.300 to 643.355, "decentralized emissionsinspection program" means an emissions inspection program under which acertified emissions inspector conducts emissions inspection testing at anofficial inspection station.
8. The decentralized emission inspection program shall satisfy therequirements established by regulation of the United States EnvironmentalProtection Agency.
9. The decentralized emissions inspection program established by thecommission and sections 643.300 to 643.355 shall not be construed to be anew program as described in section 23.253, RSMo, and the decentralizedemissions inspection program shall not be subject to the sunset mandateprescribed by sections 23.250 to 23.298, RSMo.
10. No later than July 1, 2007, the department of natural resourcesand the Missouri highway patrol shall enter into an interagency agreementcovering all aspects of the administration and enforcement of sections643.300 to 643.355.
11. No later than July 1, 2007, the air conservation commission shallpromulgate rules for the implementation of this section. Any rule orportion of a rule, as that term is defined in section 536.010, RSMo, thatis created under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly under chapter 536, RSMo, to review, todelay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2006, shall be invalidand void.
12. Prior to September 1, 2007, the department of natural resourcesshall actively promote participation in the decentralized emissionsinspection program among qualified motor vehicle dealers, service stations,and other individuals. After the implementation of the decentralizedemission inspection program, the department shall monitor participation insuch program. In determining whether there are a sufficient number ofindividuals conducting motor vehicle emission inspections under thedecentralized program, the department shall attempt to ensure, throughpromotional efforts, that no more than twenty percent of all personsresiding in the affected nonattainment area reside farther than five milesfrom the nearest inspection station.
