2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 4 - REGISTRATION AND LICENSING OF MOTOR VEHICLES (§§ 55-4-NEW — 55-4-702) › Part 1 - GENERAL PROVISIONS (§§ 55-4-NEW — 55-4-142) › Section 55-4-130 - Applicability - Passage - Purchasing - Inspection and maintenance programs - Contracts - Remote sensing devices

(a)
Sections
55-4-101(d)(2)
,
55-4-104(e)(2)
, and
55-6-105(a)(9)
shall only apply in those counties:
(1)
That have been designated by the air pollution control board to have an inspection and maintenance program because it is necessary to attain or maintain compliance with national ambient air standards; provided, however, that the board may only designate counties that:
(A)
Have been designated by the United States environmental protection agency as not attaining the national ambient air standards and have over fifty thousand (50,000) registered vehicles in the most recent year;
(B)
Are former nonattainment counties with over fifty thousand (50,000) registered vehicles in the most recent year that are under a maintenance plan designed to continue to meet the national ambient air standards; or
(C)
That contribute significantly to nonattainment in another county and have more than sixty thousand (60,000) motor vehicles registered in the county in the most recent year; or
(2)
For which a resolution has been passed by the governing body of the county that specifically establishes an inspection and maintenance program for the county and the air pollution control board approves the resolution as providing for inspection and maintenance that is consistent with the programs operated under subdivision (a)(1). The board may also oversee the implementation of the program to assure statewide consistency and shall review the programs at least once every three (3) years. The implementation of §§
55-4-101(d)(2)
,
55-4-104(e)(2)
, and
55-6-105(a)(9)
shall be in a manner as to assure compliance with the Clean Air Act (
42 U.S.C. § 7401
et seq.), and the Air Quality Act, compiled in title 68, chapter 201, part 1. All counties implementing a vehicle inspection and maintenance program may only charge fees that are directly related to the county's cost of establishing and implementing the vehicle inspection and maintenance program.
(b)
For purposes of this section, the state or county may purchase goods and services on the same terms and conditions as these goods and services have been purchased by the state or a county where a contract, as amended or extended, is in effect at the date of the purchase by the state or a county and where the contract was executed in the first instance by the state or a county pursuant to its regular purchasing procedures for these goods and services. This contract, whether the existing contract from which the purchase is made or the new contract, may be modified by the state or county for one (1) additional term of not more than sixty (60) months, the policy of the state being to promote statewide uniformity in price and term of these contracts.
(c)
The rules promulgated by the air pollution control board shall provide that, with respect to any fleet of motor vehicles owned or leased by any manufacturer of motor vehicles located in any county designated in subsection (a), the manufacturer shall be allowed to provide its own vehicle inspection and maintenance program so long as the vehicle inspection and maintenance program meets the standards required by the board.
(d)
A ninety-day certificate of compliance for a light-duty motor vehicle that is offered for sale by a motor vehicle dealer shall be extendable at the option of the dealer for an additional period of ninety (90) days upon payment of a fee of one dollar and fifty cents ($1.50). The fee shall be in addition to all other fees and costs associated with the certificate and shall be paid to the contractor that conducts the vehicle inspection program in the county in which the dealer is located.
(e)
The air pollution control board is authorized in any county subject to this section to provide an enhanced inspection and maintenance program utilizing remote sensing devices that will identify vehicles that comply with the air quality criteria determined by the board. For those vehicles that meet the air quality criteria determined by the board through a remote sensing device, the requirement for an annual emissions test can be fulfilled without the need for passing vehicles to also visit an inspection and maintenance inspection facility. Without regard to the current terms of contracts that support an inspection and maintenance program and any other law notwithstanding, the board is authorized and encouraged to utilize technologies that can increase motorist convenience or compliance, or both, with air quality criteria determined by the board. In order to evaluate any such technology, the board is further authorized to extend, if necessary, any inspection and maintenance program contract for no more than twenty-four (24) months beyond its current expiration date.
(f)
(1)
Subsection (e) shall only apply to those counties on May 5, 2009, that have been designated by the air pollution control board to have an inspection and maintenance program pursuant to subsection (a).
(2)
A board or any entity or vendor that contracts to perform annual emissions tests pursuant to subsection (e) shall promptly and permanently purge all identifying information regarding motor vehicles that are not registered in a county that has been designated by the air pollution control board to have an inspection and maintenance program pursuant to subsection (a).
(g)
The rules promulgated by the air pollution control board shall provide that any motor vehicle over twenty-five (25) years old with a nonmodified engine and body, when such motor vehicle is being registered as an antique motor vehicle pursuant to §
55-4-111(b)
, shall be exempt from all motor vehicle inspection requirements.
(h)
(1)
Any county that has been designated by the air pollution control board to have a vehicle inspection and maintenance program to attain or maintain compliance with national ambient air standards, may, by an affirmative vote of a majority of its governing body, exempt motor vehicles that are registered in the county that are required to undergo testing pursuant to §
55-4-101(d)(2)
, §
55-4-104(e)(2)
, or §
55-6-105(a)(9)
and that are three (3) or less model years old from those motor vehicle inspection requirements; provided, that the governing body shall authorize the exemption on or before December 31, 2016, and the presiding officer of the governing body shall furnish a certified copy of the approved resolution to the technical secretary of the air pollution control board on or before January 31, 2017.
(2)
(A)
The exemption authorized by an action of a governing body pursuant to subdivision (h)(1) shall take effect on the January 1 following the date on which the United States environmental protection agency (EPA) approves a revised state implementation plan consistent with this subsection (h); provided, however, that if on such January 1, a contract exists between the department and a contractor providing inspection services, or a local pollution control program and a contractor providing inspection services, then the exemption shall take effect in those jurisdictions that are covered by the contract upon the date of the contract's termination or expiration or the effective date of the contract's renewal or an applicable amendment to the inspection service fee of such contract.
(B)
(i)
The commissioner of environment and conservation shall certify in writing to the executive secretary of the Tennessee code commission the date of the approval by the EPA described in subdivision (h)(2)(A) and provide the executive secretary of the commission with a copy of such approval.
(ii)
If a contract exists on the January 1 following the date of approval of the revised state implementation plan, then the commissioner or the chief public officer of the local pollution control program, whichever is applicable, shall also certify in writing the date of the department's or local pollution control program's contract termination or expiration or the effective date of the contract's renewal or an applicable amendment to the inspection service fee of such contract, and provide the executive secretary of the commission with a copy of the signed document.
Amended by 2016 Tenn. Acts, ch. 1028,s 1, eff. 4/28/2016.
Acts 1993, ch. 416, §§ 4-6; 1999, ch. 154, § 1; 2004, ch. 926, §§ 2 - 4; 2006, ch. 844, § 1; 2009, ch. 123, §§ 1, 2; 2011, ch. 127, § 1.