State Codes and Statutes

Statutes > Tennessee > Title-55 > Chapter-4 > Part-1 > 55-4-130

55-4-130. Applicability Passage Purchasing Inspection and maintenance programs Contracts Remote sensing devices.

(a)  Sections 55-4-101(d)(2), 55-4-104(d)(2), and 55-6-105(a)(9) shall only apply in those counties:

     (1)  That have been designated by the air pollution control board to have an inspection and maintenance program because it is necessary to attain or maintain compliance with national ambient air standards; provided, however, that the board may only designate counties that:

          (A)  Have been designated by the United States environmental protection agency as not attaining the national ambient air standards and have over fifty thousand (50,000) registered vehicles in the most recent year;

          (B)  Are former non-attainment counties with over fifty thousand (50,000) registered vehicles in the most recent year that are under a maintenance plan designed to continue to meet the national ambient air standards; or

          (C)  That contribute significantly to non-attainment in another county and have more than sixty thousand (60,000) motor vehicles registered in the county in the most recent year; or

     (2)  For which a resolution has been passed by the governing body of the county that specifically establishes an inspection and maintenance program for the county and the air pollution control board approves the resolution as providing for inspection and maintenance that is consistent with the programs operated under subdivision (a)(1). The board may also oversee the implementation of the program to assure statewide consistency and shall review the programs at least once every three (3) years. The implementation of §§ 55-4-101(d)(2), 55-4-104(d)(2), and 55-6-105(a)(9) shall be in a manner as to assure compliance with the Clean Air Act, 42 U.S.C. § 7401 et seq., and the Air Pollution Control Act, compiled in title 68, chapter 201, part 1. All counties implementing a vehicle inspection and maintenance program may only charge fees that are directly related to the county's cost of establishing and implementing the vehicle inspection and maintenance program.

(b)  For purposes of this section, the state or county may purchase goods and services on the same terms and conditions as these goods and services have been purchased by the state or a county where a contract, as amended or extended, is in effect at the date of the purchase by the state or a county and where the contract was executed in the first instance by the state or a county pursuant to its regular purchasing procedures for these goods and services. This contract, whether the existing contract from which the purchase is made or the new contract, may be modified by the state or county for one (1) additional term of not more than sixty (60) months, the policy of the state being to promote statewide uniformity in price and term of these contracts.

(c)  The rules promulgated by the air pollution control board shall provide that, with respect to any fleet of motor vehicles owned or leased by any manufacturer of motor vehicles located in any county designated in subsection (a), the manufacturer shall be allowed to provide its own vehicle inspection and maintenance program so long as the vehicle inspection and maintenance program meets the standards required by the board.

(d)  A ninety-day certificate of compliance for a light-duty motor vehicle that is offered for sale by a motor vehicle dealer shall be extendable at the option of the dealer for an additional period of ninety (90) days upon payment of a fee of one dollar and fifty cents ($1.50). The fee shall be in addition to all other fees and costs associated with the certificate and shall be paid to the contractor that conducts the vehicle inspection program in the county in which the dealer is located.

(e)  The air pollution control board is authorized in any county subject to this section to provide an enhanced inspection and maintenance program utilizing remote sensing devices that will identify vehicles that comply with the air quality criteria determined by the board. For those vehicles that meet the air quality criteria determined by the board through a remote sensing device, the requirement for an annual emissions test can be fulfilled without the need for passing vehicles to also visit an inspection and maintenance inspection facility. Without regard to the current terms of contracts that support an inspection and maintenance program and any other law notwithstanding, the board is authorized and encouraged to utilize technologies that can increase motorist convenience or compliance, or both, with air quality criteria determined by the board. In order to evaluate any such technology, the board is further authorized to extend, if necessary, any inspection and maintenance program contract for no more than twenty-four (24) months beyond its current expiration date.

(f)  (1)  Subsection (e) shall only apply to those counties on May 5, 2009, that have been designated by the air pollution control board to have an inspection and maintenance program pursuant to subsection (a).

     (2)  A board or any entity or vendor that contracts to perform annual emissions tests pursuant to subsection (e) shall promptly and permanently purge all identifying information regarding motor vehicles that are not registered in a county that has been designated by the air pollution control board to have an inspection and maintenance program pursuant to subsection (a).

[Acts 1993, ch. 416, §§ 4-6; 1999, ch. 154, § 1; 2004, ch. 926, §§ 2-4; 2006, ch. 844, § 1; 2009, ch. 123, §§ 1, 2.]  

State Codes and Statutes

Statutes > Tennessee > Title-55 > Chapter-4 > Part-1 > 55-4-130

55-4-130. Applicability Passage Purchasing Inspection and maintenance programs Contracts Remote sensing devices.

(a)  Sections 55-4-101(d)(2), 55-4-104(d)(2), and 55-6-105(a)(9) shall only apply in those counties:

     (1)  That have been designated by the air pollution control board to have an inspection and maintenance program because it is necessary to attain or maintain compliance with national ambient air standards; provided, however, that the board may only designate counties that:

          (A)  Have been designated by the United States environmental protection agency as not attaining the national ambient air standards and have over fifty thousand (50,000) registered vehicles in the most recent year;

          (B)  Are former non-attainment counties with over fifty thousand (50,000) registered vehicles in the most recent year that are under a maintenance plan designed to continue to meet the national ambient air standards; or

          (C)  That contribute significantly to non-attainment in another county and have more than sixty thousand (60,000) motor vehicles registered in the county in the most recent year; or

     (2)  For which a resolution has been passed by the governing body of the county that specifically establishes an inspection and maintenance program for the county and the air pollution control board approves the resolution as providing for inspection and maintenance that is consistent with the programs operated under subdivision (a)(1). The board may also oversee the implementation of the program to assure statewide consistency and shall review the programs at least once every three (3) years. The implementation of §§ 55-4-101(d)(2), 55-4-104(d)(2), and 55-6-105(a)(9) shall be in a manner as to assure compliance with the Clean Air Act, 42 U.S.C. § 7401 et seq., and the Air Pollution Control Act, compiled in title 68, chapter 201, part 1. All counties implementing a vehicle inspection and maintenance program may only charge fees that are directly related to the county's cost of establishing and implementing the vehicle inspection and maintenance program.

(b)  For purposes of this section, the state or county may purchase goods and services on the same terms and conditions as these goods and services have been purchased by the state or a county where a contract, as amended or extended, is in effect at the date of the purchase by the state or a county and where the contract was executed in the first instance by the state or a county pursuant to its regular purchasing procedures for these goods and services. This contract, whether the existing contract from which the purchase is made or the new contract, may be modified by the state or county for one (1) additional term of not more than sixty (60) months, the policy of the state being to promote statewide uniformity in price and term of these contracts.

(c)  The rules promulgated by the air pollution control board shall provide that, with respect to any fleet of motor vehicles owned or leased by any manufacturer of motor vehicles located in any county designated in subsection (a), the manufacturer shall be allowed to provide its own vehicle inspection and maintenance program so long as the vehicle inspection and maintenance program meets the standards required by the board.

(d)  A ninety-day certificate of compliance for a light-duty motor vehicle that is offered for sale by a motor vehicle dealer shall be extendable at the option of the dealer for an additional period of ninety (90) days upon payment of a fee of one dollar and fifty cents ($1.50). The fee shall be in addition to all other fees and costs associated with the certificate and shall be paid to the contractor that conducts the vehicle inspection program in the county in which the dealer is located.

(e)  The air pollution control board is authorized in any county subject to this section to provide an enhanced inspection and maintenance program utilizing remote sensing devices that will identify vehicles that comply with the air quality criteria determined by the board. For those vehicles that meet the air quality criteria determined by the board through a remote sensing device, the requirement for an annual emissions test can be fulfilled without the need for passing vehicles to also visit an inspection and maintenance inspection facility. Without regard to the current terms of contracts that support an inspection and maintenance program and any other law notwithstanding, the board is authorized and encouraged to utilize technologies that can increase motorist convenience or compliance, or both, with air quality criteria determined by the board. In order to evaluate any such technology, the board is further authorized to extend, if necessary, any inspection and maintenance program contract for no more than twenty-four (24) months beyond its current expiration date.

(f)  (1)  Subsection (e) shall only apply to those counties on May 5, 2009, that have been designated by the air pollution control board to have an inspection and maintenance program pursuant to subsection (a).

     (2)  A board or any entity or vendor that contracts to perform annual emissions tests pursuant to subsection (e) shall promptly and permanently purge all identifying information regarding motor vehicles that are not registered in a county that has been designated by the air pollution control board to have an inspection and maintenance program pursuant to subsection (a).

[Acts 1993, ch. 416, §§ 4-6; 1999, ch. 154, § 1; 2004, ch. 926, §§ 2-4; 2006, ch. 844, § 1; 2009, ch. 123, §§ 1, 2.]  


State Codes and Statutes

State Codes and Statutes

Statutes > Tennessee > Title-55 > Chapter-4 > Part-1 > 55-4-130

55-4-130. Applicability Passage Purchasing Inspection and maintenance programs Contracts Remote sensing devices.

(a)  Sections 55-4-101(d)(2), 55-4-104(d)(2), and 55-6-105(a)(9) shall only apply in those counties:

     (1)  That have been designated by the air pollution control board to have an inspection and maintenance program because it is necessary to attain or maintain compliance with national ambient air standards; provided, however, that the board may only designate counties that:

          (A)  Have been designated by the United States environmental protection agency as not attaining the national ambient air standards and have over fifty thousand (50,000) registered vehicles in the most recent year;

          (B)  Are former non-attainment counties with over fifty thousand (50,000) registered vehicles in the most recent year that are under a maintenance plan designed to continue to meet the national ambient air standards; or

          (C)  That contribute significantly to non-attainment in another county and have more than sixty thousand (60,000) motor vehicles registered in the county in the most recent year; or

     (2)  For which a resolution has been passed by the governing body of the county that specifically establishes an inspection and maintenance program for the county and the air pollution control board approves the resolution as providing for inspection and maintenance that is consistent with the programs operated under subdivision (a)(1). The board may also oversee the implementation of the program to assure statewide consistency and shall review the programs at least once every three (3) years. The implementation of §§ 55-4-101(d)(2), 55-4-104(d)(2), and 55-6-105(a)(9) shall be in a manner as to assure compliance with the Clean Air Act, 42 U.S.C. § 7401 et seq., and the Air Pollution Control Act, compiled in title 68, chapter 201, part 1. All counties implementing a vehicle inspection and maintenance program may only charge fees that are directly related to the county's cost of establishing and implementing the vehicle inspection and maintenance program.

(b)  For purposes of this section, the state or county may purchase goods and services on the same terms and conditions as these goods and services have been purchased by the state or a county where a contract, as amended or extended, is in effect at the date of the purchase by the state or a county and where the contract was executed in the first instance by the state or a county pursuant to its regular purchasing procedures for these goods and services. This contract, whether the existing contract from which the purchase is made or the new contract, may be modified by the state or county for one (1) additional term of not more than sixty (60) months, the policy of the state being to promote statewide uniformity in price and term of these contracts.

(c)  The rules promulgated by the air pollution control board shall provide that, with respect to any fleet of motor vehicles owned or leased by any manufacturer of motor vehicles located in any county designated in subsection (a), the manufacturer shall be allowed to provide its own vehicle inspection and maintenance program so long as the vehicle inspection and maintenance program meets the standards required by the board.

(d)  A ninety-day certificate of compliance for a light-duty motor vehicle that is offered for sale by a motor vehicle dealer shall be extendable at the option of the dealer for an additional period of ninety (90) days upon payment of a fee of one dollar and fifty cents ($1.50). The fee shall be in addition to all other fees and costs associated with the certificate and shall be paid to the contractor that conducts the vehicle inspection program in the county in which the dealer is located.

(e)  The air pollution control board is authorized in any county subject to this section to provide an enhanced inspection and maintenance program utilizing remote sensing devices that will identify vehicles that comply with the air quality criteria determined by the board. For those vehicles that meet the air quality criteria determined by the board through a remote sensing device, the requirement for an annual emissions test can be fulfilled without the need for passing vehicles to also visit an inspection and maintenance inspection facility. Without regard to the current terms of contracts that support an inspection and maintenance program and any other law notwithstanding, the board is authorized and encouraged to utilize technologies that can increase motorist convenience or compliance, or both, with air quality criteria determined by the board. In order to evaluate any such technology, the board is further authorized to extend, if necessary, any inspection and maintenance program contract for no more than twenty-four (24) months beyond its current expiration date.

(f)  (1)  Subsection (e) shall only apply to those counties on May 5, 2009, that have been designated by the air pollution control board to have an inspection and maintenance program pursuant to subsection (a).

     (2)  A board or any entity or vendor that contracts to perform annual emissions tests pursuant to subsection (e) shall promptly and permanently purge all identifying information regarding motor vehicles that are not registered in a county that has been designated by the air pollution control board to have an inspection and maintenance program pursuant to subsection (a).

[Acts 1993, ch. 416, §§ 4-6; 1999, ch. 154, § 1; 2004, ch. 926, §§ 2-4; 2006, ch. 844, § 1; 2009, ch. 123, §§ 1, 2.]