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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
ENACTED
FACT SHEET FOR H.B. 2329/S.B. 1371
air quality; omnibus
Purpose
Requires the Arizona Department of Environmental Quality (ADEQ) to operate a Voluntary Vehicle Repair and Retrofit Program, rather than requiring certain counties to operate county-specific programs, and modifies requirements for the program and for ADEQ vehicle emissions testing and research.
Background
Vehicle Emissions Testing
Prior to annual or biennial vehicle registration, every motor vehicle in Arizona within Area A, in the Phoenix area, or Area B, in the Tucson area, must pass a vehicle emissions inspection for compliance with state ambient air quality standards. The Director of ADEQ adopts minimum emissions standards compliant with the Clean Air Act and statute prescribes methods to comply, based on vehicle class. Motor vehicles manufactured in or before 1966, new vehicles for the first six years of registration, motorcycles and electric vehicles are exempt from emissions requirements (A.R.S. Title 49, ch 3, art. 5).
Vehicle Repair and Retrofit Program
Current statute directs counties with a population greater than 400,000 persons to operate and administer a county-wide Voluntary Vehicle Repair and Retrofit Program in coordination with ADEQ and the Arizona Department of Transportation to provide for emissions reductions by repairing and retrofitting vehicles. A vehicle owner may apply to participate in the program if a registered functionally operational vehicle that is at least 12 model years old has failed emissions testing. The vehicle owner must pay a $150 copayment and eligible expenses must not exceed $700, unless the vehicle owner chooses to pay additional costs (A.R.S. § 49-474.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Vehicle Emissions Testing and Research
1. Replaces current emissions requirements for a motor vehicle that is not diesel powered or constant four-wheel drive with the following to determine compliance with minimum emissions standards in Area A:
a) that a vehicle equipped with an onboard diagnostic system required by the federal Clean Air Act take and pass an onboard diagnostic test or transient loaded test approved by the Director of ADEQ;
b) that a vehicle with a model year of 1981 or later that is not required to be equipped with an onboard diagnostic system take and pass a transient loaded test; and
c) that a vehicle with a model year prior to 1981 that is not required to be equipped with an onboard diagnostic system take and pass a steady state loaded test and a curb idle test.
2. Replaces current emissions requirements for a motor vehicle that is not diesel powered or constant four-wheel drive with the following to determine compliance with minimum emissions standards in Area B:
a) that a vehicle equipped with an onboard diagnostic system required by the federal Clean Air Act take and pass an onboard diagnostic test or a steady state loaded test and curb idle test approved by the Director of ADEQ;
b) that a vehicle with a model year of 1981 or later that is not required to be equipped with an onboard diagnostic system take and pass a steady state loaded test and a curb idle test; and
c) that a vehicle with a model year prior to 1981 that is not required to be equipped with an onboard diagnostic system take and pass a curb idle test.
3. Replaces current emissions requirements for a diesel-powered motor vehicle with the following to determine compliance with minimum emissions standards in Area A or Area B:
a) vehicle equipped with an onboard diagnostic system required by the federal Clean Air Act take and pass an onboard diagnostic test or opacity test approved by the Director of ADEQ; and
b) that a vehicle not required to be equipped with an onboard diagnostic system, the vehicle is required to take and pass an emissions test:
i. loaded, transient or any other form of test approved by ADEQ rule, if the vehicle has a maximum gross vehicle weight rating of 8,500 pounds; or
ii. that conforms with the Society for Automotive Engineers Standard J1667, if the vehicle has a gross vehicle weight rating of more than 8,500 pounds.
4. Conforms emissions testing requirements for fleet vehicles, other than diesel powered vehicles, to requirements for vehicles in Area A and Area B.
5. Excludes diesel powered vehicles from the requirement of a functional test of the gas cap to determine if the cap holds pressure within prescribed limits.
6. Adds cranes, permitted oversized vehicles and vehicles that are not in use and are owned by an Arizona resident on active military duty outside of Arizona to exemptions from emissions requirements allowed by the Director of ADEQ in rule.
7. Replaces the requirement that ADEQ conduct research to quantify the effect of alternative fuels on toxic components of vehicular emissions with permissive authority for ADEQ to conduct research to quantify the effect of vehicular emissions.
8. Expands permission for ADEQ to hire consultants to analyze the costs and benefits of emissions reduction measures to include all emissions reduction measures, rather than only carbon monoxide reduction measures.
9. Removes the requirement for ADEQ to acquire equipment to measure emissions effects with monies from the Air Quality Fund.
Vehicle Repair and Retrofit Program
10. Replaces the requirement that certain counties operate a Voluntary Vehicle Repair and Retrofit Program with a requirement for ADEQ to operate and administer a Voluntary Vehicle Repair and Retrofit Program in areas that are subject to vehicle emissions inspections.
11. Removes the requirement that a vehicle be at least 12 years older than the current calendar year in order to qualify for the Voluntary Vehicle Repair and Retrofit Program.
12. Lowers, from $150 to $100, the copayment required from the vehicle owner for participation in the Voluntary Vehicle Repair and Retrofit Program.
13. Increases, from $700 to $1000, the cap on eligible vehicle repair or retrofit costs, unless the vehicle owner chooses to pay additional costs.
14. Removes the requirement that the quantifiable emissions reduction provided by the Voluntary Vehicle Repair and Retrofit Program be based on actual emissions testing performed on the vehicle before repair or retrofit.
15. Removes the requirement that a vehicle have a retrofit kit installed, if the vehicle is able to accept a retrofit kit.
16. Repeals the requirement that a county with a population of more than 1.2 million persons operate and administer a program to replace a failed catalytic converter on a motor vehicle that fails to meet emissions standards.
17. Repeals the requirement for a county Voluntary Vehicle Repair and Retrofit Program Advisory Committee.
18. Removes funding for Arizona's portion of Catalytic Converter Program costs from authorized uses of the Emissions Inspection Fund.
Miscellaneous
19. Conditions the enactment of the modifications to the vehicle emissions testing requirements on the U.S. Environmental Protection Agency approval of the proposed modifications to the vehicle emissions testing program protocols as part of Arizona's state implementation plan for air quality by July 1, 2023.
20. Requires the Director of ADEQ to notify the Director of Legislative Council of whether the condition was met by September 1, 2023.
21. Makes technical and conforming changes.
22. Becomes effective on the general effective date, with a conditional enactment as noted.
House Action Senate Action
NREW 1/21/21 DP 10-0-0-0 NREW 2/3/21 DP 9-0-0
3rd Read 2/4/21 54-5-0-0-1 3rd Read 2/11/21 29-0-1
(H.B. 2329 was substituted for S.B. 1371 on 3rd Read)
Signed by the Governor 2/18/21
Chapter 28
Prepared by Senate Research
February 19, 2021
KN/gs