ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: NREW DPA 6-4-0-0

HB 2546: vehicle emissions; exemption

Sponsor: Representative Jones, LD 17

House Engrossed

Overview

Exempts vehicles that were manufactured after the 2018 model year from Vehicle Emissions Inspection Program (Emissions Program) requirements. Contains a conditional enactment.

History

The Arizona Department of Environmental Quality (ADEQ) administers the Emissions Program. Vehicles located in Area A (the Phoenix metropolitan area and parts of Pinal and Yavapai Counties) and Area B (the Tucson metropolitan area), owned by a person who is subject to university vehicle regulations or uses their vehicle to commute to workplaces in these areas must pass annual or biennial inspections to ensure compliance with minimum emissions standards. The ADEQ Director is responsible for adopting these standards, which are based on the class of vehicle and location in the Phoenix or Tucson metropolitan area. A vehicle cannot be sold in these metropolitan areas or registered until it passes an inspection, except specified vehicles. (A.R.S. § 49-542).

Alternative fuel vehicles (AFVs) are vehicles that are only fueled by a source other than conventional gasoline or diesel. These sources may include electricity, solar energy, liquefied petroleum gas, natural gas, hydrogen, a blend of 70% percent alternative fuel source and 30% petroleum based fuels and alcohol fuels. AFVs in the Phoenix and Tucson metropolitan areas, or AFVs used to commute to these areas, must have an emissions test in the sixth registration year and in subsequent years (A.R.S. § 49-542.05).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires an annual or biennial inspection for vehicles that:

a)   were manufactured before the 2018 model year; and

b)   were manufactured before the 2018 model year registered outside of area A or area B used to commute to workplaces in area A or B. (Sec. 1 and 2)

2.   Exempts a vehicle that was manufactured after the 2018 model year from inspection in order to comply with registration requirements. (Sec. 1 and 2)

3.   States a vehicle that was manufactured before the 2018 model year cannot be registered until such vehicle has passed the emissions and tampering inspection or has been issued a certificate of waiver. (Sec. 1 and 2)

4.   Prohibits a dealer that is licensed to sell motor vehicles and whose business is located in area A or B from delivering any vehicle that was manufactured before the 2018 model year to the retail purchaser until the vehicle passes any inspection. (Sec. 1 and 2)

5.   Exempts vehicles that were manufactured after the 2018 model year from receiving  an air quality compliance sticker. (Sec. 1 and 2)

6.   Clarifies that vehicles that were manufactured before the 2018 model year must comply with the ADEQ Director's minimum emission standards. (Sec. 1 and 2)

7.   Specifies that a vehicle is subject to tampering inspection if the vehicle was manufactured after the 1974 model year but before the 2018 model year. (Sec. 1 and 2)

8.   Clarifies the ADEQ Director may adopt rules to exempt vehicles that were manufactured on or after the 2018 model year from inspection. (Sec. 1 and 2)

9.   Clarifies that ADEQ may adopt rules for air pollution emission standards for off-road vehicles and engines marketed in Arizona on or after the 1999 model year and before the 2018 model year. (Sec. 3)

10.  Exempts any AFVs manufactured after the 2018 model year from emission inspection requirements. (Sec. 4)

11.   Exempts any AFVs manufactured after the 2018 model year from testing while operating on gasoline and on alternative fuel. (Sec. 4)

12.  Removes the registration renewal notice requirement for the 2nd through 5th registration year of new vehicles. (Sec. 5)

13.  Contains a conditional enactment date of July 1, 2027 for specified sections  related to the vehicle emissions testing program protocols and provides those sections will not become effective unless the U.S. Environmental Protection Agency approves program protocols changes by the date prescribed. (Sec. 6)

14.  Requires the ADEQ Director to notify the Arizona Legislative Council Director in writing whether the condition was or was not met by September 1, 2027. (Sec. 6)  

15.  Makes technical changes. (Sec 1, 2, 3, 4, and 5)

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19.                    HB 2546

20.  Initials EB/BSR  Page 0 House Engrossed

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