New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

The State of New Hampshire 

Motor Vehicle Inspection and Maintenance 

State Implementation Plan Revision 

Attachment III : 

Applicable New Hampshire Legislation 

Prepared by: 

The New Hampshire Department of Environmental Services 

Concord, NH 

November 1, 2011 

r _ rvcvv nnmr,~n~nc 

-'Environmental 

- Services 

Attachment III : Applicable New Hampshire Legislation 1 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

Applicable New Hampshire Legislation 

Table of Contents 

NH House Bill ("HB") 1513 -1998 SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 

NH House Bill («HB") 676 -1999 SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 

NH House Bill ("HB") 4-2003 SESSION (Only Germane Sections Reproduced Herein) . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 

NH House Bill (,.HB") 1293 - 2004 SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 

NH House Bill ( HB") 513 - 2005 SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 

NH Senate Bill (

.

.SB") 341-2006 SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 

NH House Bill ("HB") 2-2009 SESSION (Only Germane Sections Reproduced Herein) . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 

Attachment III : Applicable New Hampshire Legislation 2 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services 

NH House Bill ("HB") 1513 -1998 SESSION I 

An Act relative to vehicle emissions control equipment and testing. 

HB 1513-FN-LOCAL - FINAL VERSION 

18feb98. . . . . 0752h 

25march98. . . . . 1100h 

5/21/98 1648s 

1998 SESSION 

98-2552 

10/01 

HOUSE BILL 1513-FN-LOCAL 

AN ACT relative to vehicle emissions control equipment and testing. 

May 12, 2011 

SPONSORS: Rep. J . Bradley, Carr 8; Rep. Below, Graf 13; Rep. MacGillivray, Hills 21; Sen. Pignatelli, Dist 13; Sen. 

Russman, Dist 19 

COMMITTEE: Science, Technology and Energy 

AMENDED ANALYSIS 

This bill : 

I . Establishes requirements for motor vehicle emissions inspections as part of the annual safety inspection . 

II . Repeals the existing motor vehicle emissions inspection and maintenance law. 

III . Establishes roadside opacity testing for diesel vehicles . 

IV. Requires the establishment of a pilot program on oxygen sensor testing. 

V. Requires the study of options for a pilot program on remote emissions sensing. 

VI . Combines the emissions trading advisory committee and the vehicle emissions advisory committee into the air 

pollution advisory committee. 

---------------------------------------------------------------------------- 

Explanation : Matter added to current law appears in bold italics. 

Matter removed from current law appears [f 

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type . 

18feb98. . . . . 0752h 

25march98. . . . . 1100h 

5/21/98 1648s 

98-2552 

10/01 

STATE OF NEW HAMPSHIRE 

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Eight 

AN ACT relative to vehicle emissions control equipment and testing. 

1 http ://www.gencourt.state .nh.us/leRislation/1998/HB1513 .html 

Attachment III : Applicable New Hampshire Legislation 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

Be it Enacted by the Senate and House of Representatives in General Court convened: 

1 New Section; Recovery of Public Utility Expenditures . Amend RSA 125-C by inserting after section 19 the 

following new section : 

125-C:19-a Recovery of Public Utility Expenditures. All costs and expenses directly incurred by electric generating 

facilities for pollution reductions that are a component of, or are required in connection with, any vehicle 

inspection and maintenance program adopted by the state of New Hampshire and approved by the federal 

Environmental Protection Agency, or substitute for such program, shall be recoverable to the same extent and 

subject to the same conditions as any environmental expenditure mandated by law, and shall be recoverable 

through the fuel and purchased power adjustment clause or any succeeding cost recovery mechanism . 

2 Emissions Trading Advisory Committee Renamed; Air Pollution Advisory Committee. Amend RSA 125-J :11 to read 

as follows: 

125-J :11 Advisory Committee. 

I . There is established the [°^,~s°~^^° t'^^''^^ ] air pollution advisory committee composed of the following 

members : 

(a) [T4*ee] Four representatives, appointed by the speaker of the house, of whom [epe-is] at least 3 are from the 

house science, technology, and energy committee[; 

cemmittee] . At least one of the [3] 4 representatives shall be a member of a minority party. 

(b) [Three] Four senators, appointed by the senate president[; 

(c) [ 

Eg}] The governor, or designee. 

I-a. The following additional members, whose terms shall be coterminous with their terms of office, shall be nonvoting members of the committee and shall supply the committee with any information that it requests 

concerning matters subject to its purview: 

(a) The commissioner of safety, or designee. 

(b) The commissioner of environmental services, or designee. 

II . [ , . ] The committee shall elect 

a chairperson and vice-chairperson, and [°~ ~~n] meetings shall be at the call of the chair or [b] 4 or more 

committee members. The terms of the members shall be coterminous with their terms of office .[ T"^ `^F^,° ^``"^ 

III . The committee shall perform an ongoing evaluation of the effectiveness of the [ ^" s ~^due+~^^ ^'°'''`" 

iFading-prsgFaw] following subjects and report its findings and recommendations to the governor and council, the 

speaker of the house, the senate president, the senate clerk, the house clerk, the state library, the house 

environment and agriculture, the science, technology and energy, and the commerce, small business, consumer 

affairs and economic development committees and the senate environment and economic development 

committees by October 1 of each year[-]: 

Attachment III : Applicable New Hampshire Legislation 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

(a) The effectiveness of vehicle emission related portions of the motor vehicle safety inspection. 

(b) The effectiveness of the emission reductions credits trading program. 

IV . The committee shall also review and make recommendations to the commissioner on any proposed rule to be 

adopted under this chapter. 

3 Reference Changed. Amend RSA 125-J:12, II to read as follows: 

11 . Any proposed special temporary rules to be adopted under paragraph I shall be submitted for review and 

recommendation to the [°~°° tF^^~~^^] air pollution advisory committee and the air resources council at least 

30 days prior to adoption. Any proposed rules to be adopted pursuant to RSA 541-A shall be submitted to the 

[ °^° ° +Fa°'i^^ ] air pollution advisory committee for review and recommendation at least 30 days prior to filing 

a notice of proposed rule with the director of legislative services under RSA 541-A:6 . 

4 Diesel Testing; Penalties to Highway Fund. Amend RSA 266:25, VI to read as follows: 

VI . All fines and certification fees collected pursuant to this section, RSA 260:42, RSA 260 :52, RSA 260:55, RSA 

265 :118, RSA 266 :16, RSA 266 :26, RSA 266:59-c, and RSA 266:63 through 72-a shall accrue to the highway fund. 

5 New Sections ; Equipment of Motor Vehicles; Emission Control Equipment and Diesel Emission Testing. Amend 

RSA 266 by adding after section 59-a the following new sections : 

266 :59-b Emission Control Equipment. 

L(a) Every motor vehicle driven on the ways of this state which is subject to inspection after December 31, 1998 

under this chapter shall be equipped with all of the emission control equipment which was part of that motor 

vehicle as originally equipped, and be properly connected to prevent excessive emissions. Motor vehicle 

inspections conducted in accordance with this chapter shall visually check for the presence and proper connection 

of the following equipment on vehicles so equipped : 

(1) Catalytic converter. 

(2) Gas cap. 

(3) Properly fitting fuel inlet restrictor . 

(4) Positive crankcase ventilation (PCV) valve and properly configured hoses. 

(5) Properly connected air injection pump/pulse air systems. 

(b) The commissioner of the department of safety, in accordance with applicable federal laws and regulations, and 

in consultation with the commissioner of environmental services, may adopt rules under RSA 541-A to exempt 

vehicles from those requirements of this section which would require replacement of parts for which replacements 

cannot be reasonably obtained. 

(c) The commissioner of the department of safety, subject to conditions approved in advance by the federal 

Environmental Protection Agency, and after public hearing and consultation with the commissioner of the 

department of environmental services and the air pollution advisory committee, and notification of the house 

science, technology and energy committee and the senate environment committee, and with the approval of the 

air pollution advisory committee, may modify the vehicle emission control inspection program in any of the 

following manners, provided that the total effect of all such changes is determined to produce a net environmental 

improvement : 

(1) Substituting one or more of the following items for one or more of the items in subparagraphs I(a)(3), (4), or 

(5). 

(A) Exhaust gas recirculation system . 

(B) Evaporative purge-canister . 

(2) Exempting additional model years in addition to those exempted by paragraph IV . 

Attachment III : Applicable New Hampshire Legislation 5 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

II . If the commissioner determines oxygen sensor testing to be effective and appropriate, the commissioner, after 

public hearing and consultation with the commissioner of the department of environmental services and the air 

pollution advisory committee, and notification of the house science, technology and energy committee and the 

senate environment committee, and with the approval of the air pollution advisory committee not earlier than 

January 1, 2000, shall adopt rules under RSA 541-A, which require every motor vehicle driven on the ways of this 

state which is subject to state safety inspection, after a date specified by the commissioner, but not earlier than 

March 31, 2000, to be tested for failures of the oxygen sensor, on vehicles originally so equipped, using an 

appropriate combination of an on-board diagnostic (OBD) I malfunction indicator light illumination check, a visual 

and voltage meter functional check, and/or vehicle characteristics. 

III . For motor vehicles equipped with on-board diagnostic sensors meeting the federal Environmental Protection 

Agency (EPA) OBD 11 standards, after the EPA has implemented OBD II emission test requirements, the 

commissioner, after public hearing and consultation with the commissioner of the department of environmental 

services and the air pollution advisory committee, and notification of the house science, technology and energy 

committee and the senate environment committee, and with the approval of the air pollution advisory committee, 

shall adopt rules under RSA 541-A, which require every motor vehicle driven on the ways of this state which is 

subject to state safety inspection, after a date specified by the commissioner, to be tested for OBD II indications of 

failures . To the extent allowed by EPA OBD II policy, OBD II data may be substituted for visual and functional tests 

required by paragraphs I and II . 

IV. This section shall not apply to vehicles manufactured prior to the 1975 model year . 

266 :59-c Diesel Emission Testing. 

I . The commissioner shall adopt rules under RSA 541-A to implement a roadside diesel opacity testing program for 

vehicles registered either in New Hampshire or outside New Hampshire utilizing the SAE (Society of Automotive 

Engineers) J1667 ("Snap Acceleration") test procedure. The commissioner may provide for recognition of results of 

recent similar tests performed by other states on the same motor vehicle. 

11 . The department may impose an administrative fine for any violation of this section or rule adopted under the 

provisions of this section. The maximum amount of the fine which may be assessed for each violation shall be 

$500. The commissioner shall have the authority to waive or reduce the amount of any fine assessed pursuant to 

this section. 

III . Notwithstanding any other provision of law, in case the expenditure of additional funds over budget estimates 

is necessary to implement and enforce this section, the governor and council, with the prior approval of the fiscal 

committee of the general court, upon request from the commissioner, may authorize the transfer of funds from 

the highway surplus account to the department of safety for such purpose. 

6 Oxygen Sensor Test Pilot Program ; Report Required; Intent . 

I . The commissioner of the department of safety, in consultation with the commissioner of the department of 

environmental services, shall conduct a voluntary pilot program to examine failures of the oxygen sensor, on 

vehicles originally so equipped, using a combination of an OBD I malfunction indicator light illumination check, a 

visual and voltage meter functional check, and/or vehicle characteristics. The pilot program shall include testing 

only, and shall not require repair of any vehicle. The commissioner of the department of safety, in consultation 

with the commissioner of the department of environmental services, shall study the costs and the effectiveness of 

this pilot program and shall report any findings and recommendations to the air pollution advisory committee 

upon completion of the pilot program. 

II . It is the intent of the legislature that the commissioner of the department of safety use the authority of RSA 

266:59-b, II to implement oxygen sensor testing as part of the motor vehicle safety inspection unless the pilot 

program shows that this testing will not be appropriate and effective. 

7 Mobile Source Remote Sensing Pilot Program; Report Required. 

1 . The commissioner of the department of environmental services, in consultation with the commissioner of the 

department of safety, shall study the effectiveness of options for a remote sensing pilot program for sensing 

Attachment III : Applicable New Hampshire Legislation 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

emissions of nitrogen oxides (NOx) from some or all mobile sources of air pollution, and shall report findings and 

recommendations of the study to the air pollution advisory committee by November 1, 1998. 

II . The commissioner of the department of safety, in consultation with the commissioner of the department of 

environmental services, shall study and propose for legislative consideration implementation of a remote sensing 

pilot program for sensing emissions of nitrogen oxides (NOx) from some or all mobile sources of air pollution, and 

shall report findings and recommendations to the air pollution advisory committee by November 1, 1998. 

8 Exemption for Rulemaking. The rulemaking required by the commissioner of safety under RSA 266 :59-b, I and 

RSA 266 :59-c as provided in section 5 of this act, shall be exempt from the provisions of RSA 541-A to the degree 

necessary to implement the provisions of RSA 266.:59-b, I and RSA 266 :59-c, for any rules adopted by the 

commissioner prior to January 1, 1999. RSA 541-A shall apply to any rules adopted after December 31, 1998 under 

the authority established in RSA 266:59-b, I and RSA 266:59-c as provided in section 5 of this act. 

9 Repeal . The following are repealed : 

I . RSA 261:72-a, relative to emissions certificates . 

II . RSA 261 :72-b, relative to 10-day emissions registration . 

III . RSA 268, relative to vehicle emissions testing. 

IV. RSA 541-A:21, I(p), relative to rulemaking exception for emissions testing. 

10 Effective Date. This act shall take effect upon its passage. 

L BAO 

98-2552 

Amended 3/20/98 

HB 1513 FISCAL NOTE 

AN ACT relative to vehicle emissions control equipment and testing. 

FISCAL IMPACT: 

The Departments of Environmental Services and Safety stated this bill, as amended by the House, will increase 

state expenditures by $96,780 in FY 1999 and by $4,900 in FY 2000. There will be no impact on state, county and 

local revenues or county and local expenditures . 

METHODOLOGY: 

The Department of Environmental Services has stated they will need one vehicle inspection and maintenance 

position at a total cost of $46,780 in FY 1999 and $9,356 in FY 2000. 

The Department of Safety has estimated their costs of implementing a roadside diesel opacity testing program to 

be $50,000 in FY 1999 for equipment, including meters and computers, that would be needed to perform and 

evaluate the tests. 

The costs for both Departments will be funded with 80% federal Congestion Mitigation and Air Quality (CMAQ) 

funds and 20% highway funds . Other provisions of this legislation should increase both state revenues and 

expenditures, however, there is insufficient data to estimate the level. The Departments are unable to reasonably 

estimate the costs associated with the pilot programs and the associated reporting requirements . 

Attachment III : Applicable New Hampshire Legislation 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

NH House Bill ("HB") 676 -1999 SESSION 2 

An Act increasing fees for motor vehicle inspection stickers and establishing motor vehicle inspector 

positions and making an appropriation therefore. 

CHAPTER 302 

HB 676-FN-A - FINAL VERSION 

25may99. . . . . 1211h 

6/29/99 1829s 

1july99. . . . . 1941-CofC 

1999 SESSION 

99-0194 

05/01 

HOUSE BILL 676-FN-A 

AN ACT increasing fees for motor vehicle inspection stickers and establishing motor vehicle inspector positions and 

making an appropriation therefor . 

SPONSORS: Rep . Packard, Rock 29; Rep. Bradley, Carr 8; Rep. J. Flanders, Rock 18 

COMMITTEE: Transportation 

ANALYSIS 

This bill increases fees for motor vehicle inspections and creates new motor vehicle inspector positions. Under this 

bill, the motor vehicle inspector positions shall be funded from the highway fund . 

---------------------------------------------------------------------------- 

Explanation : Matter added to current law appears in bold italics. 

Matter removed from current law appears [i 

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type . 

25may99. . . . . 1211h 

6/29/99 1829s 

1j u ly99 . . . . .1941-CofC 

99-0194 

05/01 

STATE OF NEW HAMPSHIRE 

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine 

AN ACT increasing fees for motor vehicle inspection stickers and establishing motor vehicle inspector positions and 

making an appropriation therefor . 

Be it Enacted by the Senate and House of Representatives in General Court convened: 

302:1 New Section; Motor Vehicle Inspectors . Amend RSA 266 by inserting after section 1 the following new 

section: 

2 http ://www. gencourt.state .nh.us/legislation/1999/HB0676 . html 

Attachment III : Applicable New Hampshire Legislation 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

266 :1-a Motor Vehicle Inspectors . 

I . The commissioner of safety shall establish a force of motor vehicle inspectors to assist the director in enforcing 

the motor vehicle inspection laws and rules. A motor vehicle inspector appointed by the commissioner pursuant to this section shall be a peace officer, certified under RSA 188-F :26, and shall be dedicated to enforcement duties 

related to the inspection process, including inspection station auditing, investigation of alleged inspection station 

malfeasance, rejected vehicle follow-up, and sticker monitoring . A motor vehicle inspector appointed under this 

section shall have the authority to enter any motor vehicle inspection station authorized under RSA 266:1, during 

the station's business hours, to fulfill his or her duties . 

II . The commissioner shall furnish suitable equipment to a motor vehicle inspector, as the commissioner deems 

necessary, to distinguish the officer as an individual acting in an official capacity . A motor vehicle inspector 

appointed by the commissioner pursuant to this section shall be directly responsible to the director and shall be a 

classified employee. 

302:2 Inspection Sticker Fees . Amend RSA 266 :2 to read as follows : 

266 :2 Fees. The fee for inspection stickers shall be [ $1-.2-5] $1.50 for each sticker furnished an approved inspection 

station. All unused stickers returned by the approved inspection station to the division shall be refundable at the 

rate of [$4-.2-5] $1.50 each, except that unused stickers purchased from the division for a fee of [$-.6-5] $1.50 shall 

be refundable at the rate of [$-6-S] $1.50 each . 

302:3 Appropriation. The sums of $311,290 for the fiscal year ending June 30, 2000 and $195,266 for the fiscal 

year ending June 30, 2001, are hereby appropriated to the department of safety for the purpose of hiring 6 motor 

vehicle inspectors to enforce the motor vehicle inspection laws and rules, as provided in section 1 of this act. Said 

appropriations shall be a charge against the highway fund. 

302 :4 Effective Date. This act shall take effect July 1, 1999. 

(Approved : July 16, 1999) 

(Effective Date: July 1, 1999) 

LBAO 

99-0194 

Amended 6/7/99 

HB 676 FISCAL NOTE 

AN ACT increasing fees for motor vehicle inspection stickers and establishing motor vehicle inspector positions and 

making an appropriation therefor, 

FISCAL IMPACT: 

The Department of Safety indicates this bill, as amended by the House, will increase state highway fund revenue by 

$320,000 in FY 2000 and each year thereafter . State highway fund expenditures will increase by $469,737 in FY 

2000 and by $316,332 in FY 2001 and each year thereafter . Local revenue will increase by $38,400 in FY 2001 and 

each year thereafter . There will be no fiscal impact on county revenue or county and local expenditures . 

This bill appropriates $311,290 in FY 2000 and $195,266 in FY 2001 from the highway fund to the Department of 

Safety for the purposes of this act. 

METHODOLOGY: 

The Department has estimated based on FY 1998 revenue from the sale of inspection stickers, that a $.25 increase 

should generate an additional $320,000 per year beginning in FY 2000. The Department further estimates the 

salary and benefit and associated costs for 6 classified, Group I Law Enforcement Motor Vehicle inspectors at Labor 

Grade 16, minimum salary authorized in this bill to be $469,737 in FY 2000 and $316,332 in FY 2001. Associated 

costs include uniforms, motor vehicles and in-state travel . One time costs in FY 2000 include $126,000 for 6 motor 

vehicles . The Department did not provide estimates after FY 2001. Local revenue will increase pursuant to RSA 

Attachment III : Applicable New Hampshire Legislation 9 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

235:23, which requires 12% of motor vehicle fees collected, returned to municipalities as part of the local highway 

aid program. 

Attachment III : Applicable New Hampshire Legislation 10 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

NH House Bill ("HB") 4 - 2003 SESSION 3 

Sections that are not germane to NH's I/M program and this SIP revision have been deleted and replaced with symbols*********************************** . 

An Act relative to state fees, funds, revenues, and expenditures . 

CHAPTER 319 

HB 4-FN-A - FINAL VERSION 

2003 SESSION 

03-1219 

05/10 

HOUSE BILL 4-FN-A 

AN ACT relative to state fees, funds, revenues, and expenditures . 

SPONSORS : Rep. Chandler, Carr 4; Rep. Whalley, Belk 31; Rep. Kurk, Hills 48; Rep. Weyler, Rock 79; Rep. R. 

Wheeler, Hills 48; Sen. Eaton, Dist . 10; Sen. Clegg, Dist 14; Sen . Green, Dist 6; Sen. D'Allesandro, Dist 20 

COMMITTEE : ANALYSIS 

This bill : 

********************************************************* 

XXXI . Increases the motor vehicle inspection sticker fee. 

---------------------------------------------------------------------------- 

Explanation: Matter added to current law appears in bold italics. 

Matter removed from current law appears [i 

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 

03-1219 

05/10 

STATE OF NEW HAMPSHIRE 

In the Year of Our Lord Two Thousand Three 

AN ACT relative to state fees, funds, revenues, and expenditures. 

Be it Enacted by the Senate and House of Representatives in General Court convened: 

319:45 Motor Vehicle Inspection Sticker Fees Increased. Amend RSA 266:2 to read as follows : 

3 http ://www.gencourt.state .nh.us/legislation/2003/HB0004.html 

Attachment III : Applicable New Hampshire Legislation 11 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

266:2 Fees . The fee for inspection stickers shall be [$I--59] $2.50 for each sticker furnished an approved inspection 

station. All unused stickers returned by the approved inspection station to the division shall be refundable at the 

rate of [~-s9] $2.50 each, except that unused stickers purchased from the division for a fee of [$I-59] $2.50 shall 

be refundable at the rate of [$4-59] $2.50 each . 

********************************************************* 

(Approved : September 4, 2003) 

(Effective Date: I . Sections 12, 24, 34, 134, 135, 170, and 173 of this act shall take effect June 30, 2003 . II . Sections 

30, 98-132, 133, 138-143, and 146-150 of this act shall take effect September 4, 2003. III . Sections 79-97, and 171 

of this act shall take effect January 1, 2004. IV . Section 152 of this act shall take effect June 30, 2005. V. The 

remainder of this act shall take effect July 1, 2003.) 

Attachment III : Applicable New Hampshire Legislation 12 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

NH House Bill ("HB") 1293 - 2004 SESSION 4 

An Act relative to emission control equipment for certain vehicles and relative to unfair motor vehicle 

insurance trade practices. 

CHAPTER 245 

HB 1293 - FINAL VERSION 

11Mar2004. . . 0452h 

04/08/04 1106s 

25May2004. . . 1631CofC 

25May2004 . . . 1691eba 

2004 SESSION 

03-2227 

03/10 

HOUSE BILL 1293 

AN ACT relative to emission control equipment for certain vehicles and relative to unfair motor vehicle insurance 

trade practices. 

SPONSORS: Rep. Artz, Hills 64; Rep. Bicknell, Rock 73; Rep. Newton, Straf 67; Rep. Gibson, Hills 58; Rep. L. 

Christiansen, Hills 66 

COMMITTEE: Science, Technology and Energy 

AMENDED ANALYSIS 

This bill modifies the exemptions from the emission control equipment requirements for motor vehicles . This bill 

also limits certain insurance practices relating to automobile rentals. 

---------------------------------------------------------------------------- 

Explanation : Matter added to current law appears in bold italics. 

Matter removed from current law appears [i 

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 

11Mar2004. . . 0452h 

04/08/04 1106s 

25May2004. . . 1631CofC 

25May2004. . . 1691eba 

03-2227 

03/10 

STATE OF NEW HAMPSHIRE 

In the Year of Our Lord Two Thousand Four 

AN ACT relative to emission control equipment for certain vehicles and relative to unfair motor vehicle insurance 

trade practices. 

4 http ://www.gencourt.state .nh.us/leeislation/2004/HB1293.html 

Attachment III : Applicable New Hampshire Legislation 13 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

Be it Enacted by the Senate and House of Representatives in General Court convened: 

245:1 Emission Control Equipment. Amend RSA 266:59-b, I to read as follows: 

L(a) Every motor vehicle driven on the ways of this state which is subject to inspection [ ^f*^~ ^°^^m"^' 3', '°°°] 

under this chapter shall be equipped with all of the emission control equipment which was part of that motor 

vehicle as originally equipped, and such equipment shall be properly connected to prevent excessive emissions. 

Motor vehicle inspections conducted in accordance with this chapter shall [visually] include a visual check for the 

presence and proper connection of the following equipment on vehicles so equipped : 

(1) Catalytic converter. 

(2) Gas cap. 

(3) [ ] Evaporative purge canister. 

(4) Positive crankcase ventilation (PCV) valve and properly configured hoses. 

(5) Properly connected air injection pump/pulse air systems. 

(b) The commissioner of the department of safety, in accordance with applicable federal laws and regulations, and 

in consultation with the commissioner of environmental services, may adopt rules under RSA 541-A to exempt 

vehicles from those requirements of this section which would require replacement of parts for which replacements 

cannot be reasonably obtained . 

(c) The commissioner of the department of safety, subject to conditions approved in advance by the federal 

Environmental Protection Agency (EPA), and after public hearing and consultation with the commissioner of the 

department of environmental services and the air pollution advisory committee, and notification of the house 

science, technology, and energy committee and the senate environment committee, and with the approval of the 

air pollution advisory committee, may modify the vehicle emission control inspection program [ on any ef -the 

] by substituting the exhaust gas recirculation system for one or more of the items in 

subparagraphs I(a)(4) and 1(a)(5), provided that the total effect of [alf] such [changes] change is determined to 

produce a net environmental improvement[- 

245:2 Emission Control Equipment. Amend RSA 266:59-b, III to read as follows: 

III . For all model year 1996 and newer gasoline-powered and model year 1997 and newer diesel-powered motor 

vehicles equipped with on-board diagnostic [ seR58F5] systems meeting the federal [ '' A^,^^+a' °'^+^'t'^n 

Ageney-(E°A7 ] EPA OBD II standards, [ ' ~ ' ,] the 

commissioner, after public hearing and consultation with the commissioner of the department of environmental 

services and the air pollution advisory committee, and notification of the house science, technology, and energy 

committee and the senate environment committee, and with the approval of the air pollution advisory committee, 

shall adopt rules under RSA 541-A, which require every motor vehicle driven on the ways of this state which is 

subject to [°'~~ °~~~] inspection under this chapter, after a date specified by the commissioner, to be tested for 

OBD II indications of failures as a component of the inspection. To the extent allowed by EPA OBD II policy, OBD II 

data may be substituted for visual and functional tests required by [ ] paragraph 1 . 

245:3 Emission Control Equipment. Amend RSA 266:59-b, IV to read as follows: 

.] 20 or more model years IV. This section shall not apply to vehicles [ 

old which shall be determined by subtracting the model year of the vehicle from the calendar year in which the 

inspection occurs . 

Attachment III : Applicable New Hampshire Legislation . 14 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

V. !f a vehicle fails the EPA OBD 11 test and it passes all other inspection requirements under this chapter, then it 

shall be issued a temporary waiver that permits its operation for 60 days from the date of issuance, in order to 

make required repairs. A vehicle shall be eligible for only one such waiver during its inspection cycle. 

245:4 Repeal . RSA 266 :59-b, II, relative to oxygen sensor testing, is repealed . 

245:5 New Paragraph; Unfair Insurance Trade Practices; Coercion in Requiring Certain Automobile Rental . Amend 

RSA 417:4 by inserting after paragraph XXI the following new paragraph: 

XXII . Coercion In Requiring Certain Automobile Rental . 

(a) No insurance company, agent, or adjuster shall engage in any act or practice of intimidation, coercion, .or 

threat, for or against any insured person or entity, to use a particular company or location to provide rental 

automobile services or products. 

(b) Nothing shall prohibit any insurance company, agent, or adjuster from providing to such insured person or 

entity the name of an automobile rental company with which arrangements may have been made with respect to 

automobile rental services . 

245 :6 Repeal. RSA 417 :4, XXII, relative to automobile rental coercion, is repealed. 

245 :7 Effective Date. 

I . Sections 3 and 5 of this act shall take effect 60 days after its passage. 

II . Section 6 of this act shall take effect July 1, 2006. 

III . The remainder of this act shall take effect upon its passage. 

(Approved : June 15, 2004) 

(Effective Date: I . Sections 3 and 5 shall take effect August 14, 2004 

II . Section 6 shall take effect July 1, 2006 

III . Remainder shall take effect June 15, 2004.) 

Attachment III : Applicable New Hampshire Legislation 15 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

NH House Bill ("HB") 513 - 2005 SESSIONs 

An Act relative to on-board diagnostic system inspections and relative to motorcycle inspections. 

CHAPTER 296 

HB 513 - FINAL VERSION 

06Apr2005. . . 0925h 

05/05/05 1285s 

05/05/05 1332s 

29Jun2005. . . 1939cofc 

29Jun2005. . . 2135eba 

2005 SESSION 

05-0773 

03/04 

HOUSE BILL 513 

AN ACT relative to on-board diagnostic system inspections and relative to motorcycle inspections. 

SPONSORS : Rep. Ingbretson, Graf 5 

COMMITTEE : Transportation 

AMENDED ANALYSIS 

This bill : 

I . Modifies the applicability of the OBD II testing requirements. 

11 . Requires the department of safety to adopt rules establishing waivers. 

111 . Requires notice of an OBD II failure by a motor vehicle seller . 

IV . Establishes an advisory committee to review contracts and recommend legislation and rules relating to OBD 11 

testing. 

V. Exempts certain inspection stations from any electronic data submission requirements . 

VI . Permits an inspection station to be designated as a "motorcycle only" inspection station . 

---------------------------------------------------------------------------- 

Explanation: Matter added to current law appears in bold italics. 

Matter removed from current law appears [i 

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 

06Apr2005 . . . 0925h 

05/05/05 1285s 

05/05/05 1332s 

29J u n 2005. . . 1939cofc 

5 http ://www pencourt.state .nh.us/legislation/2005/HB0513 .html 

Attachment III : Applicable New Hampshire Legislation 16 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

29Jun2005. . . 2135eba 

05-0773 

03/04 

STATE OF NEW HAMPSHIRE 

In the Year of Our Lord Two Thousand Five 

AN ACT relative to on-board diagnostic system inspections and relative to motorcycle inspections. 

Be it Enacted by the Senate and House of Representatives in General Court convened: 

296 :1 New Paragraph; Department of Safety ; Duties of Commissioner; Complaints. Amend RSA 21-P:4 by inserting 

after paragraph XI the following new paragraph : 

XII. Establish an easily accessible mechanism for citizens to file complaints with the department relating to onboard diagnostic system testing required by RSA 266:59-b. The complaint mechanism shall include either a 

telephone number reserved exclusively for such complaints or an Internet site for such complaints that may be 

accessed through links prominently displayed on Internet sites operated by the department or the state. 

296:2 New Paragraph; Inspection Stations ; Inspection Data . Amend RSA 266:1 by inserting after paragraph VII the 

following new paragraph: 

VII-a .(a) The director is authorized to require inspection stations to submit inspection data to the department 

electronically, provided that if electronic submission is required the following inspection stations shall be allowed 

to submit inspection data electronically or on a designated schedule and form prescribed by the department : 

(1) Inspection stations that are authorized to inspect only motorcycles. 

(2) Inspections stations that inspect less than 200 vehicles in a consecutive 12-month period . 

(3) Fleet motor vehicle inspection stations for non-OBD II vehicles . 

(4) Municipal and county government inspection stations for non-OBD II vehicles . 

(b) The department shall not require an inspection station to transfer inspection information electronically for any 

vehicle of model year 1995 or older. 

296:3 Emission Control Equipment; OBD II Testing Required . Amend RSA 266:59-b, III-V to read as follows: 

III . [ _ 

. ] The commissioner, 

after public hearing and consultation with the commissioner of the department of environmental services and the 

air pollution advisory committee, and notification of the house science, technology, and energy committee and the 

senate environment committee, and with the approval of the air pollution advisory committee, shall adopt rules 

under RSA 541-A, which require [ °v~ ^^^*^- v^"~^l°] all model year 1996 and newer gasoline-powered and 

model year 1997 and newer diesel-powered motor vehicles equipped with on-board diagnostic systems meeting 

the federal EPA 08D Il standards driven on the ways of this state which [+s] are subject to inspection under this 

chapter, after a date specified by the commissioner, to be tested for OBD II indications of failures as a component 

of the inspection . To the extent allowed by EPA OBD II policy, OBD II data may be substituted for visual and 

functional tests required by paragraph I . 

IV . This section shall not apply to vehicles 20 or more model years old which shall be determined by subtracting 

the model year of the vehicle from the calendar year in which the inspection occurs . 

V. If a vehicle fails the EPA OBD II test and it passes all other inspection requirements under this chapter, then it 

shall be issued a temporary waiver that permits its operation for 60 days from the date of issuance, in order to 

make required repairs. A vehicle shall be eligible for only one such waiver during its inspection cycle. The 

department shall adopt rules, pursuant to RSA 541-A, that have the effect of establishing the broadest possible 

waivers for consumers consistent with 40 C.F.R. sections 51.350 through 51.373. It is the intent of the legislature 

Attachment III : Applicable New Hampshire Legislation 17 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

to provide appropriate waivers to persons for whom the making of OBD ll repairs would constitute economic 

hardship. The committee established in paragraph Vll shall make recommendations for such waivers and the 

department shall consider such recommendations during the rulemaking process required by this paragraph. 

Vl. If a vehicle fails the EPA OBD 11 test and the owner fails to make the required repairs, the owner may not sell 

the vehicle without informing the purchaser of the OBD ll failure. if the owner fails to inform the purchaser of 

the OBD 11 failure, the purchaser shall be entitled to a refund of the purchase price and reasonable attorney's 

fees. 

Vll.(a) There is established an OBD Il testing advisory committee. The committee shall be composed of the 

following: 

(1) Three representatives, appointed by the speaker of the house of representatives. 

(2) Three senators, appointed by the president of the senate. 

(3) The director of the division of motor vehicles of the department of safety. 

(4) The attorney general, or designee. 

(5) The commissioner of environmental services, or designee. 

(6) One member nominated by the New Hampshire Automobile Dealers Association and appointed by the 

governor. 

(7) One member nominated by the New Hampshire Motor Transport Association and appointed by the governor. 

(b) Members' terms shall be coterminous with their terms in office, except that members appointed pursuant to 

subparagraphs (a)(6) and (a)(7) shall serve at the discretion of the appointing authority. 

(c) The committee shall: 

(1) Review and make recommendations on any contracts between the state and any private entities relating to 

OBD It testing. 

(2) Review program operations on any contracts between the state and any private entities relating to OBD ll 

testing. 

(3) Make recommendations for statutory and rules changes to the amounts and types of repair waivers granted 

in the OBD ll testing program. 

(4) Report by May 1, 2006 its recommendation whether to extend the electronic reporting exemption for 

inspection stations performing less than 200 inspections in a consecutive 12-month period. 

(5) Submit an annual report to the governor, senate president, and speaker of the house of representatives on 

the operation of the motor vehicle inspection and emissions testing program. 

296 :4 ODB II Testing; Applicability. Notwithstanding RSA 266 :59-b, any EPA OBD 11 testing required by department 

of safety rules prior to May 1, 2006 shall be advisory only . No inspection station shall deny an inspection sticker to 

any vehicle because of OBD II failure prior to May 1, 2006. 

296:5 Emergency Rulemaking . The commissioner is authorized to adopt emergency rules under RSA 541-A to 

implement changes to the safety and OBD II inspection program needed because of this act. Notwithstanding RSA 

541-A:18, 11, such emergency rules shall be effective for 180 days. After 180 days the commissioner shall adopt 

rules pursuant to RSA 541-A. 

296:6 Repeal. The following are repealed: 

I . RSA 266:1, VII-a(a)(2), relative to stations that inspect less than 200 vehicles . 

II . Section 5 of this act, relative to emergency rules. 

296:7 New Paragraph; "Motorcycle Only" Inspection Stations . Amend RSA 266 :1 by inserting after paragraph V the 

following new paragraph : 

Attachment III : Applicable New Hampshire Legislation 18 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

V-a. An inspection station may, upon request, be designated a "motorcycle only" inspection station. A "motorcycle 

only" inspection station may inspect only motorcycles and shall not be required to conduct OBD II emission testing 

under RSA 266:59-b or to purchase or lease any equipment relating to the OBD II emission testing program. 

296 :8 Effective Date. 

I . Section 6 of this act shall take effect January 1, 2007. 

II . The remainder of this act shall take effect upon its passage. 

(Approved : Enacted in accordance with Pt . II, Article 44, of N.H . Constitution, without signature of the governor, 

August 11, 2005) 

(Effective Date: I . Section 6 shall take effect January 1, 2007. 

II . Remainder shall take effect August 11, 2005) 

Attachment III : Applicable New Hampshire Legislation 19 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

NH Senate Bill ("SB") 341- 2006 SESSION 6 

An Act relative to the applicability of OBD 11 testing requirements. 

CHAPTER 222 

SB 341- FINAL VERSION 

26Apr2006. . . 1872h 

2006 SESSION 

06-2712 

03/01 

SENATE BILL 341 

AN ACT relative to the applicability of OBD II testing requirements. 

SPONSORS : Sen. Morse, Dist 22; Sen. Clegg, Dist 14; Sen. Letourneau, Dist 19; Sen . Burling, Dist 5; Rep. Packard, 

Rock 3 

COMMITTEE : Transportation and Interstate Cooperation 

AMENDED ANALYSIS 

This bill requires the commissioner of safety to implement an OBD II repair waiver program by February 1, 2007. 

This bill also modifies the applicability of the OBD II inspection failure requirement. 

---------------------------------------------------------------------------- 

Explanation: Matter added to current law appears in bold italics. 

Matter removed from current law appears (+ 

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 

26Apr2006. . . 1872h 

06-2712 

03/01 

STATE OF NEW HAMPSHIRE 

In the Year of Our Lord Two Thousand Six 

AN ACT relative to the applicability of OBD II testing requirements. 

Be it Enacted by the Senate and House of Representatives in General Court convened: 

222 :1 New Paragraph; Department of Safety; Duties of Commissioner; Repair Waiver Program. Amend RSA 21-P :4 

by inserting after paragraph XII the following new paragraph : 

XIII . Establish a program to waive the repair requirements of the OBD II testing program . Waivers shall be granted 

based on indigency or other urgent financial need . The waiver program required by this paragraph shall be 

consistent with the recommendations of the OBD II testing advisory committee established in RSA 266 :59-b, VII 

and shall be implemented no later than February 1, 2007 . 

222 :2 OBD II Testing; Applicability. Amend 2005, 296:4 to read as follows: 

6 http ://www sencourt.state .nh .us/leeislation/2006/SB0341.html 

Attachment III : Applicable New Hampshire Legislation 20 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

296 :4 OBD II Testing; Applicability. Notwithstanding RSA 266:59-b, any EPA OBD II testing required by department 

of safety rules prior to ["] December 1, 2006 shall be advisory only . No inspection station shall deny an 

inspection sticker to any model year 2002 or newer vehicle because of OBD II failure prior to ["] December 1, 

2006. No inspection station shall deny an inspection sticker to any model year 1996 through 2001 vehicle 

because of 08D U failure, except that a sticker may be denied to such vehicle after July 1, 2007 if the department 

has implemented a repair waiver program. 

222:3 Effective Date. This act shall take effect upon its passage. 

Approved : June 1, 2006 

Effective: June 1, 2006 

Attachment III : Applicable New Hampshire legislation 21 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

NH House Bill ("HB") 2 - 2009 SESSION' 

Sections that are not germane to NH's I/M program and this SIP revision have been deleted and replaced with 

symbols 

An Act relative to state fees, funds, revenues and expenditures . 

CHAPTER 144 

HB 2-FN-A-LOCAL- FINAL VERSION 

09Apr2009. . . 1197h 

09Apr2009. . . 1235h 

06/03/09 1996s 

06/03/09 2058s 

06/03/09 2066s 

24J u n 2009. . . 2333cofc 

24Jun2009. . . 2347eba 

2009 SESSION 

09-1049 

09/01 

HOUSE BILL 2-FN-A-LOCAL 

AN ACT relative to state fees, funds, revenues and expenditures . 

SPONSORS: Rep. M. Smith, Straf 7 

COMMITTEE : Finance 

AMENDED ANALYSIS 

This bill : 

33 . Establishes a motor vehicle air pollution abatement fund, increases the fee for motor vehicle inspection 

stickers, transfers a portion of the fee to the general fund, and requires that a portion of the increase be used by 

the department of environmental services to reduce air pollution in the state from motor vehicles registered for 

on-road use. 

---------------------------------------------------------------------------- 

Explanation : Matter added to current law appears in bold italics. 

Matter removed from current law appears [+ 

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type . 

09Apr2009. . . 1197h 

09Apr2009. . . 1235h 

' http ://www. gencourt state nh.us/legislation/2009/HB0002 .html 

Attachment III : Applicable New Hampshire Legislation 22 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

06/03/09 1996s 

06/03/09 2058s 

06/03/09 2066s 

24J u n 2009. . . 2333cofc 

24Jun2009. . . 2347eba 

09-1049 

09/01 

STATE OF NEW HAMPSHIRE 

In the Year of Our Lord Two Thousand Nine 

AN ACT relative to state fees, funds, revenues and expenditures. 

Be it Enacted by the Senate and House of Representatives in General Court convened: 

144:47 New Subparagraph ; General Revenue Exemptions; Motor Vehicle Air Pollution Abatement Fund. Amend 

RSA 6:12, l(b) by inserting after subparagraph (276) the following new subparagraph : 

(277) Funds deposited in the motor vehicle air pollution abatement fund established in RSA 125-S :3 . 

144:48 New Chapter; Motor Vehicle Air Pollution Abatement Fund . Amend RSA by inserting after chapter 125-R 

the following new chapter : 

CHAPTER 125-S 

MOTOR VEHICLE AIR POLLUTION ABATEMENT FUND 

125-S:1 Purpose. The general court finds that emissions of air contaminants from motor vehicles represent a 

potential serious health problem to the citizens of New Hampshire and a threat to the air quality of the state. The 

purpose of this chapter is to establish a fund to be used for costs incurred by the department of environmental 

services in the prevention and abatement of emissions of air contaminants from motor vehicles registered for onroad use in the state of New Hampshire . 

125-S:2 Definitions. In this chapter : 

I . "Department" means the department of environmental services . 

II . "Motor vehicle inspection fee" means the fee collected by the department of safety pursuant to RSA 266:2 . 

III . "Mobile source" means, for the purposes of this chapter, any motor vehicle registered for on-road use by the 

department of safety, division of motor vehicles . 

125-S:3 Fund Established . There is established a motor vehicle air pollution abatement fund, which shall be 

administered by the department of environmental services . This fund shall be used for costs incurred by the 

department in the course of carrying out activities that are designed to reduce air pollution in the state from the 

mobile source sector . All fees and monetary grants, gifts, donations, or interest generated by these funds shall be 

deposited with the state treasurer in a special nonlapsing fund to be known as the motor vehicle air pollution 

abatement fund and shall be continually appropriated to the department for the administration of this chapter. 

125-S:4 Fund Established; Collection . Funding for the motor vehicle air pollution abatement fund shall be from the 

portion of the motor vehicle inspection fee established by RSA 266 :2 . 

Attachment III : Applicable New Hampshire Legislation 23 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

144:49 Inspection Sticker Fees. Amend RSA 266 :2 to read as follows: 

266:2 Fees. The fee for inspection stickers shall be [$245e] $3.25 for each sticker furnished an approved inspection 

station. The division shall transfer $.25 of each fee collected under this section to the motor vehicle air pollution 

abatement fund established by RSA 125-S:3 and $.25 of each fee collected under this section to the general fund. 

All unused stickers returned by the approved inspection station to the division shall be refundable at the rate of 

[ $-2:59] $3.25 each, except that unused stickers purchased from the division for a fee of $2.50 shall be refundable 

at the rate of $2.50 each. 

Approved: June 30, 2009 

Effective Date: 

*********************************************************** 

VI . Sections 118, 144-149, 192, and 264 shall take effect August 28, 2009. 

Attachment III : Applicable New Hampshire Legislation 24