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PART I ADMINISTRATION OF THE GOVERNMENT TITLE XVI PUB LIC HEALTH CHAPTER 111 PUBLIC HEA LTH Section 142M Motor vehicle emissions insp ection and repair ; definitions ; r ules and regulations ; inspec tion facilit ies; waive rs ; quality assurance prog ram ; violations

Section 142M

. (a) As used in this section , the following words shall have the following meanings unless the context clearly requires otherwise: "Commissioner", the commissioner of environmental protection

. "Department", the department of environmental protection. Print

"Dynamometer", a device which applies a load to a vehicle ' s drive wheels while operating in a stationary , secure position to simulate actual driving conditions for an emissions i nspection

.

" Electronic network ", or "network" , a computerized communication system including, but not limited to , the computers , communications devices and software for such system which links emissions ana lyzers, the department's emiss ions database , and the registry of motor vehicles' registration database and which allows the department and the registry to store and analyze data on motor vehicle emissions inspections , motor vehicles and emissions inspectors.

" Emissions analyzer", a device which measures the volume of air pollutants and gases in motor vehicle exhaust or a device which analyzes a motor vehicle's computer system relating to emissions

.

" Emissions inspection", a component of the periodic staggered inspection of motor vehicles required by section 7A of chapter 90 which may include, but shall not be limited to , the inspection of a motor vehicle ' s emissions control equipment , including its computer system relating to em issions, the measurement of air pollutant concentrations or mass in vehicle exhaust with an analyzer while the vehicle is operated on a dynamometer , the verification of vehicle fuel system integrity and the entry of a complete emissions inspection record in the registry ' s database for the veh i cle being inspected, as prescribed by the department in regulations and performed by an emissions inspector. "Emissions inspection certificate" or " inspection cert ificate " , a printed statement, instrument o r device in a form prescribed by the registrar , in consultation with the commissioner, which



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provides inspect ion information and facilitates effective enforcement of the emissions inspection and maintenance requirements of this section and chapter 90

. "Emissions inspection facility " , a facility, licensed by the registrar under section 7W of chapter 90 for conducting motor vehicle emissions inspections and other related duties

. "Emissions inspector", a properly trained person, licensed by the registrar and certified by the department and meeting the department's requirements for performing motor vehicle emissions inspections.

" Emissions repair technician ", a person registered with the department and meeting departmental training standards for diagnosing and repairing motor vehicles which fai l an emissions inspect ion
.

" Emissions inspection and ma i ntenance program" or "l&M program " , a component of the periodic staggered motor vehicle inspection required by section 7 A of chapter 90 which shall in cl ude motor vehicle emissions inspections, including accurate and effective testing of vehicles , using emission testing equipment , visual and functional tests of evaporative systems, rigorous compliance and enforcement activities and quality assurance and quality control procedures which promotes effective emissions repair and maintenance of the motor

. vehicle. "Evaporative emissions test ", a test administered to determine whether there are leaks in a vehic le ' s fuel or evaporative control system , such as purge functions of a vapor canister

.

" Emissions waiver certificate " , a written statement, instrument or device indicating that the requirement of compliance with the emissions standards and criteria for the emissions component of the motor vehicle inspection program has been waived for a particular motor ve h icle

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" O n-road test", a field test des igned and conducted to assess the emissions of motor vehicles

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" Registrar", the registrar of motor vehicles.

" Registry ", the registry of motor vehicles.

"Tampering " , (i) the act of removing or rendering inoperat ive any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under section 203(a) of the federal Clean Air Act prior to its sale and delivery to the ultimate

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purchaser ; or (ii ) for any manufacturer or dealer knowingly to remove or render inoperative any such device or element of design after such sale and delivery to the u lt i mate purchaser.

"Ve h icle ident ifi cat ion numbe r" or "VIN " , the unique number assigned to each vehicle by the vehicle manufactu rer id e nti fy i ng specific vehicle characteristics , such as make , model , model year , po ll ution cont rol d ev i ces a nd the pa rticular vehicle itself

. (b) Pursuant to t his section , the department shall develop the standards , requirements and rules and regulat ions for the emissions component of the periodic staggered inspection program establ ished pursuant to section 7A of chapter 90

. It shall be the responsibility of the department, unde r authority of this chapter , to provide the di rect primary oversight of the operationa l and en vironmenta l aspects of the emissions component of the inspection p rog ram
. Not h ing i n this se ction shall be construed to require the leasing or pu rchasing of a dyn am omete r, an em iss io ns anal yzer or any necessary computer hardwa re or software by an emiss ions inspection facility f rom the netwo rk contractor ; provided , however , the network contractor shall provide access to the data acquisition and management network to any emissions inspect ion facility who purchases or leases a dynamometer , emissions analyzer or necessary computer hardware or software through sources other than the network contractor so long as such e q uipment complies with testing equipment speci fi cations as established by the commissioner in consultat ion with the registrar

. Any requests for proposals for contracting with a network cont ractor sh a ll require that the commissioner , in consultatio n with the regist rar , sha l l hav e ove rsig ht over the charge assessed by the network cont ractor for access to the data acqui s ition and m a n agement netwo rk to emissions inspection fac i li t ies who purchased equ i pment through sources other than the network contractor ; provided , however , that notwi t hsta nd i ng the prov is ions of this section , the commissioner and the registrar may require emissions inspect ion facilities to obta i n, lease or purchase such equipment from the network contractor upon the determ i nation that allowing emissions inspection faci l ities to lease or purchase such equ i pment through sources other than the network contractor would result in an increase in the inspection fee

. Said determination shall be made by the commissione r an d registra r , in consultation with the secretary of administrat ion and finance , only upon a find i n g that no fe as i ble option exists by which emissions inspection facilities may obtain such equ i pment throu g h sources other than the network contractor without increasing the inspection fee

. The amount of said fee for said inspect ion shall be un iform statewide

. It shall be the res ponsib i lity of the registrar , under authority of chapter 90 , to l i cense inspection facilities and inspectors and to register veh i c l es comp ly ing with the inspect ion program requirements and to conduct audit and enforcement activities related thereto. The department , on behalf of the commonwealth , shall be responsible for submitting all appropriate and requ i red program regulations on the motor vehicle emissions component of t he inspect ion and maintenance program and applicable revisions to the state implementation plan to the Un ited States Environmental Protection Agency , i n accordance with the

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requirements of the federal Clean Air Act. The department, in conjunction with the registry, may deve lop and implement a demonstratio n o r pilot of the motor vehicle emissions inspection program or elements of such program to evaluate the effectiveness of such program, o r elements of such program, in successfully reducing air contaminants emitted by motor vehicles in the commonwealth as required by federa l law

. The emissions component of the inspection program shal l be required statewide , shall be conducted on a staggered basis throughout the year and shall be required of each subject motor vehicle at least every two years unless otherwise exempted or specified by the department. The commissioner shall establish rules and regulations specifying which moto r vehicles shall be subject to the motor vehicles emissions component of the inspection program
. The commissioner shall establish rules and reg u lations establishing standards and criteria for motor vehicle emissions inspections, giving consideration to the United States Environmental Protection Agency ' s performance standards for the enhanced emissions inspect ion and maintenance program and the level of emission reductions necessary to achieve and maintain federal and state ambient air quality standards. Such standards and criteria may include , but shall not be limited to, a requirement to test motor vehicle emissions for hydrocarbons, carbon monoxide and oxides of nitrogen. The standards and criteria may be different for different model years and types of vehicles. Street rods and custom vehicles , as defined and registered pursuant to section 2H of chapter 90, shall receive an emissions waiver certificate. Specially constructed vehicles and replica vehicles , as defined and registered pursuant to said section 2H of said chapter 90, and registered on or before April 30 , 2012, shall receive an emissions waiver certificate. Specially constructed vehicles and replica vehicles, as so defined, registered after Apr i l 30 , 2012 shall be subject to emission control requirements based on the model year and configuration of the engine installed in the specially constructed or replica vehicle , whether the engine is an original equipment manufacturer' s production engine, rebuilt engine or crate eng i ne
. Regulations relative to emissions compliance for replica or specially constructed vehicles registered after April 30, 2012 may establish maximum limits on the annual number of vehicle miles traveled by these vehicles ; provided, however, that any such limit set , shall not be set at less than 3,000 miles per year. If the mode l year of the engine installed in the specially constructed or replica vehicle requires an onboard diagnostic system , the vehicle shall be subject to an onboard diagnostic system emissions test applicable to the certified configuration, including any exclusions or exemptions otherwise granted to that certified configuration. The commissioner, in consultation with the registrar, shall establish rules and regulations relative to testing equipment specifications, including emissions analyzers, quality assurance
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and quality co ntro l procedures fo r test i ng equipment, calibration gases, failu re rates , emission standards , test in g procedure s , d ata collection and data analysis , and program evaluation

. The registrar , i n co nsultat ion w ith the commiss ioner , shall determ i ne the number and location of inspect ion fac i li t ies neces sary for the success of the emissions component of the inspection pro gram while cons idering consumer convenience and cost and achieving an equitable d istribut ion across the commonwealth

. Said registrar shall report to the jo i nt committee on publ ic safety and the house and senate committees on ways and means the actual number and location of inspection faci li t ies on or before July 1 , 1998

. The commiss ioner may establish c riteria and a process to select qua l ified appl icants who shall be authorized to part i c i pate in t he e mi ss ions component of the inspection program
. In no event sha ll the use of st ate-own ed or municipal-owned property as a site for an i n spection facility or a test center rel ieve the owner or operator of the inspection fac i lity from paying to the municipality an amount equa l t o the local property taxes due if such property was not stateowned or municip al- owned

. The departmen t and the reg istry , in implementing the requirements of this section , shall acquire personn e l , purch ase equ i pment and procure services necessary to achieve the obj ectiv es here unde r includ ing , bu t not li mi ted to , the follow i ng : (i) inspecti on of motor veh icles; ( i i) data acquis itio n and data management; (iii) quality control and quality assurance; (iv) on - road testing ; (v) program evaluation; (vi) public communications ; (vii) research and development ; and (viii) any other purposes re lated to the development and implementation of the motor vehicle emiss ions compone nt of the inspection program
. The t echnical a n d performance specifications of any equipment dete rmined by the department to be ne cess ary a nd requ i red in the i mplementation of the prov isions of this section , shall be reevaluated period

.ical ly as to its useful life , flexib i l ity and applicability as to changing techno logica l conditions and cont i nued effectiveness in the emissions inspection and maintenance program
. The department and the reg ist ry sha l l contract with o r any private entities that demonstrate an ability to ma n ag e emiss i ons programs , hereinafter referred to as the network contractor , to develop and m a n age the network and inspection faci l ities of said motor ve hi cle inspe ction program. The department and the registry shall , as a term and condition of suc h contract , requ i re the network contractor to : (i) acquire and dist ribute inspect io n faci li ty equipment ; an d (ii) acquire such equ i pment and the associated mainte nance serv ices from one or more suppliers at discount pr ices through volume p u rchas i ng
. S uch co nt ract shall a lso include performance standards which shall pertain to the motor vehicle inspection program goals as set forth in the commonwealth ' s state implementat ion pla n
. Such co ntract shall als o require t he netwo rk contractor to establish at least five test centers to be evenly distributed across the commonwealth for research, training, repai r ass ist ance and for a ny other purposes


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related to the implementation and success of the emissions component of the inspection program. The network contractor shall be responsible for achieving such goals as set forth in regulations, policies and contract terms established by the department and registry. Such contract shall require an extensive public education and awareness program prior to the implementation of the motor vehicle inspection program. Such public education program shall include, but not be limited to , establishing and maintaining a comprehensive consumer outreach campaign concerning air quality, sources of pollutants, relevant aspects of automobile maintenance and other topics related to the motor vehicle inspection requirements of chapter 90 and this chapter. Such consumer outreach campaign shall include a consumer hotline to receive motorists' complaints and to answer questions regarding the inspection procedures, repair information and other related inspection issues. (c) The commissioner shall establish rules and regulations implementing the motor vehicle emissions component of the inspection program required by section 7A of chapter 90

. Such rules and regulations may reflect a phased-in schedule for the motor vehicles subject to the emissions component of the inspection program; provided, however, that such phase-in shall not begin prior to July 1, 1998. The department may continue to implement the motor vehicle emissions inspection program established pursuant to section 142J of chapter 111 while phasing-in the new requirements of this section. The department shall notify the registrar as to which motor vehicles shall be subject to the motor vehicle emissions component of the inspection program. Said registrar shall give reasonable notification in the form prescribed by said registrar , to the owners of motor vehicles subject to the emissions inspection indicating which emissions inspection procedures shall be required

. The registrar shall not issue a registration or, if such registration has already been issued, shall suspend or not renew the registration of any motor vehicle which does not comply with the provisions of this section or any regulation promulgated hereunder. The commissioner may establish regulations for exempting certain motor veh i cles from some or all of the requirements of this section

. The following motor vehic les may be exempt from the provisions of this section and may require alternative test procedures : (i) any motor vehicle the model year of which is 15 years before the year in which the inspection occurs ; (ii) any motor vehicle or class of motor vehicle that is exempted by regulation or policy by the department because the vehicle or class presents a prohibitive inspection problem or is inappropriate for inspection; (iii) any motor vehicle operated exclusively by electric power; (iv) any motor vehicle that the United States Environmental Protection Agency or the California Air Resources Board new veh i cle certification requirements do not require to be equipped with an onboard diagnostic system, as determined by the commissioner; and (v) for one inspection cycle only , any motor vehicle two model years old or less at the time the vehicle is due for inspection.
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The commissioner and the registrar shall establish procedures under which fleet operators of fleets of 12 or more vehicles that are centrally fueled and maintained may be authorized under such program to conduct inspections and maintenance activities regarding such vehicles , subject to such audit , review and enforcement under this section as the commissioner and registrar deem appropr i ate

. The motorist presenting a motor vehicle for an emissions inspection shall pay a fee to the inspection facility pursuant to section 7 A of chapter 90. The registrar shall establish certification , training and continuing education requirements for the safety component of the inspection program. The commissioner shall establish certification , tra in ing and cont in uing education requirements for the emissions component of the inspection program
. Such requirements shall be a precondition to the issuance of a license to conduct motor vehicle inspections issued by the registrar. Any person conducting an official motor vehicle inspection without having received such l icense and certification shall be subject to the penalties set forth in subsection (f).
The commissioner shall take steps to ensure that the capability exists in the repair industry t o repair motor vehicles which fail the emissions component of the inspections required herein

. Such steps shall include, but not be limited to, training and continuing education for emissi_ons repair technicians and the involvement of vocational or technical schools and various members and sectors of the automobile and automotive repair industry

. The commissioner shall establish procedures to register emissions repair technicians a n d to conduct a performance monitoring program of repair technicians , emissions inspection facilities and emissions inspectors

. Such performance monitoring may include, but not be limited to, collection and evaluation of data on repa i rs. The provisio n of this paragraph shal l not prevent any person not so registered from performing emissions repairs

. The department and the registry may conduct on-road testing of moto r vehicles, including trucks and buses , for research, development , inspection or enforcement purposes
. On-road testing may include identification of motor vehicles which would pass the emissions inspection and motor veh i cles which would fail the emissions inspection. The on-roa d test in g program may include, but shall not be limited to: (i) th e use of portable or remote sensing equipment to measure pollutants of a moving motor vehicle; (ii) evaluation of the use of su c h equipment , alone or with other analytical information, equipment or techniques, as a supplement or alternative to , replacement of or enforcement of the emissions inspection; and (iii) the establishment of test centers to research and eva l uate the accuracy and effectivene s s of various emissions testing and enforcement meth od s.



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The department and the registry shall create or enter into contracts to create an electronic network linking the department, emissions inspection equipment, the registry and any contractor to the department. Such electronic network shall facilitate implementation , evaluation and enforcement of the emissions inspection and maintenance program by the department and the registry

. The registrar shall establish protocols for communication on the electronic network

. At its discretion , the registrar may grant emissions inspection equipment , inspection facilities and inspectors access to the electronic network. The commissioner and the registrar shall require emissions inspection equipment to communicate with the commissioner through the electronic network. The registrar , in consultation with the commissioner shall establish procedures and requirements for connecting and disconnecting emissions inspection equipment and inspection facilities and for granting emissions inspectors access to the electronic network

. The commissioner, in consultation with the registrar, may adopt rules and regulations to implement an emissions inspection and maintenance program for diesel-fueled motor vehicles. The commissioner , in consultation with the registrar, shall promulgate rules and regulations to establish a program for the issuance of emissions waiver certificates; provided , however, that such rules and regulations shall include eligibility standards and criteria, a procedure whereby motorists may pet ition for emissions waiver certificates and a notification process to inform motorists of the emissions waiver certificate program and the emissions waiver certificate petition process. Such eligibility standards and criteria shall include, but not be limited to, provisions for the issuance of emissions waiver certificates to any owner of a motor vehicle who displays satisfactory proof that such motor vehicle has undergone emissions-related repairs at a cost that exceeds a maximum cost threshold to be determined by the commissioner and the registrar. The commissioner shall report on the emissions waiver ce rt ificate program to the joint committees on public safety and the house and senate committees on ways and means on or before July 1 , 1998. (d) The commissioner and the registrar sha l l estab l ish programs for public information and co ns umer protection. The commissioner shall establish procedures and requirements for the network contractor to ensure maximum convenience to the motorist. Each emissions inspection facility shall distribute information to inform the public about the requirements, benefits and other consumer-related matters of the emissions inspection and maintenance program and any other information useful to the better understanding and fac i litation of the emissions inspection to the consumer as directed by the commissioner

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Each inspection facility, while performing the emissions inspection , shall be capable of providing consumer protection by generating data on warranty-related recalls in a form and manner prescribed by the commissioner and any other related information deemed necessary by the commissioner

. In addition, the commissioner shall establ ish procedures to advise motorists whose vehicles are subject to either a voluntary emissions recall or remedial action plan , as defined in and pursuan t to section 207 of the federal Clean Air Act , to obtain the appropriate repairs. (e) The comm issioner , in consultation with the registrar , shall develop , establish and implement a qua l ity control program to ensure the accuracy and integrity of the emissions component of the inspection program
. Such quality control program may include , but not be limited to , proce d u res for: ( i) calibrating , operating and maintaining emissions inspect ion equipment ; (ii) documenting the results from the performance of such calibration, operation and maintenance ; and (iii) transmitting such documentat ion to the department. The registrar , i n consultation with the commissioner , shall develop , establish and implement an on-going qual ity assurance program to discover and prevent fraud , waste and abuse in the emissions component of the inspection program. The quality assurance program shall include , but not be limited to , overt and covert audits of emissions inspection facilities and emissions inspecto rs , audits of data from emissions inspection facilities , examination of emissions inspection equipment , evaluation of quality control records and procedures and audits of consumer comp lain t s and responses to such complaints. (f) The commiss ioner and t he registrar or their designees shall have the authority to enforce any provision of this section and may establish rules and regulations pursuant to such authority

. Such enforcement authority shall permit officers or agents of the department or the registry to enter the premises of any motor vehicle inspection facility or any contractor to protect the publ ic health and the environment, i mplement the quality control and quality assurance requirements of th is section and for any other reasonable purpose related to implementation a nd enforce m ent of the motor vehicle inspection and maintenance program as determined by the comm i ss ioner and the registrar. The registrar sh a ll establ ish rules and regulations prohibiting any person from issuing an inspection certi fi cate for a motor vehicle that has not been inspected in accordance with, or is not in compliance with , the standards and criteria for motor vehicle inspect ions as required in this section

. The registrar also shall establish rules and regulations prohibiting any person from failing to issue a certificate for a motor vehicle that has been inspected in accordance with , and i n compliance with , the standards and criteria for motor vehicle inspections required in this section if such motor veh icle meets the applicable standards and criteria

. No person shall alter , falsify or counterfeit an emissions inspection certificate.
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The registrar may deny access to the electro n ic network to any inspection facility or emissions inspector that said registrar has reas o n to believe is not performing inspections in compliance with the registry's rules and regu l ations adopted pursuant to this section or under the authority of chapter 90. Tampering with any emissions control device or system is hereby prohibited

. No person shall take any action that has the effect of causing a motor vehicle to no longer comply with federal law or with the applicable standards and criteria for the motor vehicle emissions inspection a nd maintenance program or with requirements for motor vehicle registration

. Nothing in t h is sect i on shall be construed to prevent the temporary alterat ion of equipment for motor vehicle repair or for the quality assurance program establ i shed pursuant to subsection (e). The commissioner and the registrar shall have the authority to order any person, inspection facility or contractor to stop or abate a violation of any rule or regulation adopted pursuant to this section or chapter 90. Any person who violates any of the provisions of the second or fourth paragraph of this subsection and any person or facility licensed or required to be licensed pursuant to section 7W of chapter 90 who violates any requirement or regulation adopted pursuant to this section or any certificate or order issued thereunder shall: (i) be punished for each vio lation by a fine of not more than $25 , 000 or by imprisonment for not more than one year , or both such fine and imprisonment; or (ii) be subject to a civil penalty of not more than $25 , 000 for each such vio lation. Each day or part thereof that such violation occurs or continues shall be deemed a separate violation. The civil penalty may be assessed in an action brought on behalf of the commonwealth in the superior court

. The commonwealth also may bring an action for injunctive relief in the superior court for any such violation , and the superior court shall have jurisdiction to enjoin such violation and to grant such further relief as it may deem appropriate.



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