PART I ADMINIST RATION OF T H E GOVERNMEN T TITLE XVI PUB LIC HEAL TH CHAPTER 111 PUBLI C H E A LTH Sect i on 142K Motor ve h ic l e em i ss i ons s t andards ; l a te m o de l s 

### Page 1of3

Print

Sect ion 142K

. (a) In addition to the provisions of section one hundred and forty-two J authorizing the department of env i ronmental protect ion to establish and administer setting motor vehicle emissions standards , for model years beginning with the model year nineteen hundred and ninety-three or as soon thereafter as al lowable under federal law , the department of environmental protect ion , he reinafter referred to as the department , shall adopt moto r vehicle e mi ssions standards based on the California ' s duly promulgated motor vehicle em iss ions standa rds of the stat e of California unless , after a public hearing , the department establishes, based on substantial evidence, that said emissions standards and a compliance program similar to the state of California ' s will not achie ve , in the aggregate , greater motor vehicle pollution reductions than the federal standards and compliance program for any such model year
. The departmen t shall publicly issue deta i led written findings before and after holding a pub l ic he ar i ng pursuant to this paragraph and said hearing shall be subject to the provisions for public heari ng s contained in chapter thirty A. A decis ion not to adopt said standards shall apply as long as the federa l standards and the standards of the state of California do not change

. Emissions standards adopted pursuant to this section shall include the one hundred thousand mile certification standards of the state of California

. Notwithstanding any other provision of this section , the department may postpone , for no more than one year , the adopt ion of said motor vehicle emission standards if the department makes a wr itten determinat ion that none of the following states is likely to adopt California's motor vehicle emission standards for model year nineteen hundred and ninety-three pursuant to the requirements of 42 USC 7507 : Connecticut , Ma i ne , New Hampsh i re , New Jersey , New York , Rhode Is land , and Vermont. The department may further postpone adopting said motor vehicle emission standa rds for an additional year if the department makes a wr itten determination that none of the aforesaid l isted states is like ly to adopt California ' s motor vehicle emission standards for model year nineteen hundred and ninety-four

. (b) No corporation , person or other entity shall sell or offer for sale a motor veh ic le or motor veh i cle eng i ne , manufactured during or after the first model year that the motor vehicle emissions standards speci fi ed in subse ct ion (a) are in effect which is intended for use primarily in the commonwealth and which has not been certified according to regulations promulgated by the department ; provided , however, that reasonable exemptions may be



### https: //malegislature
.gov/Laws/GeneralLaws/Pa rtl/TitleXVl/Chapter 111 /Section 142K/Print 6/9 /2014General Laws : CHAPTER 11 1 Section 142K · Page 2of3

made by the department for: ( 1) out-of-state registered vehicles transferred by inheritance, or by decree of divorce, dissolution or legal separation entered by a court of competent jurisdiction; (2) vehicles purchased by nonresidents prior to establishing residency in the commonwealth; and (3) used vehicles, as defined by regulations of the department , which were originally purchased in states with emission standards different from the standards of the commonwealth. Upon the granting of an exemption from the provisions of this section , a motor vehicle shall forever be exempt. The department may promulgate regulations including, but not limited to , prohibitions on the purchase, importation, delivery, receipt , rental, leasing or acquisition of motor vehicles or motor vehicle engines not in compliance w it h the p rov isions of this section. (c) On or before August first, nineteen hundred and ninety, the department shall promulgate regulations to ensure maximum motor vehicle po l lution reductions pursuant to the provisions of this section including , but not limited to : engine family certification standards ; after-market parts certification; one hundred percent assembly l ine functional testing; two percent manufacturer quality audits; post assembly line pre-sale new vehicle testing; dealership inspection; in
- use testing; anti
-tampering protections ; on-board diagnostics, and warranty and re call requirements. The promulgation of these regulations may be postponed in accordance with the provisions of subsection (a) concerning postponement but , in no event shall the department promulgate regulations later than June first, nineteen hundred and ninety-two

. (d) The manufacturer' s warranty for passenger vehicles certified pursuant to subsection (a) s h all extend, at a minimum, for three years or fifty thousand miles for emissions re lated parts with a retail cost of less than three hundred do l lars and seven years or seventy thousand miles for emissions related parts with a retail cost of three hundred dollars or more. The department shall periodically adjust said three hundred dollar repair level by the percentage change in the consumer price index, as published by the United States Bureau of Labor Stat istics. For the model year nineteen hundred and ninety-three , if the motor vehicle emissions standards as specified in subsection (a) are in effect, manufacturers shall report to the department all repairs made under warranty if the number of repairs on a specific model, for a specific emissions part, exceeds four pe rcent of the total number of the model sold. For m odel year nineteen hundred and ninety-four and subsequent model years , if the motor vehicle emissions standards as specified in subsection (a) are in effect , manufacturers shall report to the department all repairs made under warranty if the number of repairs on a specific model for a specific em issions part exceeds two percent of the total number of the m odel sold. (e) An y corporation, person , municipality or othe r entity that violates the requirements of this section or any regulation adopted hereunder shall be punished by a fine of not more than twenty-five thousand dollars or by impriso n ment for not more than one year or both such fine a nd i m p risonment and shall be subject to a civil penalty of not more than twenty-five
https ://malegislature. gov/Law s/GeneralLaws/PartI/TitleXV I/Chapter 11 1/Section 142K/Print 6/9/2014General Laws: CHAPTER 111 ection 142K Page 3of3

thousand dollars for each such violation. Each day that a violation for any motor vehicle continues shall be a separat e offense

. The civil penalty may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction

. The penalties imposed he reu nder shall be in addition to all other enforcement powers of the department under applicab le law
. (f) The provisions of th is section are intended as minimum requirements of the commonwealth's motor vehicle emissions program and shall not limit the department's authority to adopt and implement the stricter air quality regulations allowed under any other federal and state law

. (g) To decrease the impact of out-of-state generated auto emissions on the air quality of the commonwealth , the department is hereby directed to work in cooperation with other states to facilitate Massachusetts ' and ot her states ' adoption of more stringent motor vehicle emissions control programs
. The department is authorized to work in cooperation with and enter into contracts with other states in generating and reviewing certification, testing , recall af)d wa rranty data so long a s such coop e ration does not limit the effectiveness of the program established by this section an d the department may adopt other states' cert ification results by reference

. (h) The respons i bilities hereunder shall be in addition to all other responsibil ities imposed by any other general o r specia l law or rule or regulation

.

https ://malegislature.gov/Laws/GeneralLaws/Partl/TitleXVl/Chapter 111 /Sectionl 42K/Print 61 912014General Laws: CHAPTER 11 ection 142L

PART I ADMINISTRATION OF THE GOVERNMENT TITLE XVI PUBLIC HEALTH CHAPTER 111 PUBLIC HEAL TH Section 142L Agricultural bu rning Page 1of1

. ' Print

Section 142L. Notwithstanding the provisions of sections one hundred and forty-two A to one hundred and forty-two E 1 inclusive 1 the burning of tree prunings , diseased plant materials 1 and brush from land clearing operations , which are the direct result of the normal commercial pursuit of agriculture , as defined in section one A of chapter one hundred and twenty - eight, shall be allowed subject to the permission of the local fire chief which need not be in writing. Said permission shall be based solely upon whether or not appropriate meteorological conditions exist to ensure safe burning

.

https :// malegislature.gov/Laws/GeneralLaws/Partl/TitleXVl/Chapter 111 /Section142L/Print 6/9/2014