An Act To Require Enforcement of the Low-emission Vehicle Program
Maine Legislature, Session 122, LD 0153
Committee: Natural Resources
Sponsors: COWGER, TURNER, DUCHESNE
Amends: 29-A MRSA §402-A

Legislative Document 
No.1S3 
S.P.59 
In Senate, January 13, 2005 
An Act To Require Enforcement of the Low-emission Vehicle 
Program 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator COWGER of Kennebec. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: TURNER of Cumberland, Representatives: DUCHESNE of Hudson, 
McKENNEY of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 29-A MRSA §402-A is enacted to read: 
§402-A. 
California emission certification required prior 
to registration 
1. 
Certification required. 
A person may not register a new 
vehicle unless the person satisfies the Secretary of State that 
the vehicle is California-emission certified. 
2. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"California-emission certified" means 
having 
a 
valid 
executive order and meets the standards of the California 
Air Resources Board for sale in California. 
B. 
"New motor vehicle" means any passenger car, light-duty 
truck or 2003 and subsequent model year medium duty vehicle 
and any 2005 and subsequent model year heavy-duty vehicle 
with 7,500 or fewer miles on its odometer. 
C. 
"Emergency 
vehicle" 
means 
any 
authorized 
vehicle 
publicly owned and operated that is used: 
(1) 
By a peace officer; 
(2) 
for fighting fires or responding to emergency fire 
calls; 
(3) 
By emergency medical technicians or paramedics; 
(4) 
For towing or servicing other vehicles; or 
(5) 
For 
repairing 
damaged 
lighting 
or 
electrical 
equipment. 
3. 
Method of establishing evidence of certification. 
A 
person 
establishes 
that 
a 
vehicle 
is 
California emission 
certified by showing upon registration a vehicle's certificate of 
origin as described in section 653 or a certificate of emission~ 
compliance form as developed and approved by the Department of 
Environmental 
Protection. 
The 
certificate 
of 
emissions 
compliance 
form 
must 
be 
signed 
by 
a 
representative 
of 
the 
automobile dealership where the vehicle was purchased. 
4. 
Ezemptions. 
The provisions of this section do not apply 
to: 
Page l-LR0380 (1) 
1R 
A. 
A vehicle purchased by a resident outside the State to 
replace a vehicle that was damaged or stolen or that became 
inoperative while the resident was outside the State; 
B. 
A vehicle 
that 
was 
transferred 
to 
a 
resident 
by 
inheritance; 
C. 
A vehicle that was transferred to a resident by court 
decree; 
D. 
A vehicle that 
wa§_o~iginally registered to a person 
while that person was a resident of another state and that 
person is now a resident of this State; 
E. 
A vehicle 
reg~~tered to a resident serving in the Armed 
Forces of the United States who is stationed outside of the 
State; and 
f. 
An emergency vehicle. 
SUMMARY 
This bill prohibits a person from registering a new vehicle 
unless the person proves 
to the Secretary of State that the 
vehicle 
is 
certified 
to 
meet 
California-emission 
certified 
standards. 
If the person cannot provide the proof, that person 
cannot register the vehicle. 
Wi thout registration denial as an 
enforcement 
mechanism. 
nothing 
prevents 
a 
resident 
from 
purchasing outside the State a vehicle that does not comply with 
the low-emission vehicle program described in the Maine Revised 
StRtes. Title 38. section 585-D and reqistering the vehicle in 
Maine.