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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
vehicle emissions; exemption
Purpose
Exempts, if the U.S. Environmental Protection Agency (U.S. EPA) approves the proposed modifications to the Vehicle Emissions Testing Program protocols, a vehicle that is manufactured in or after the 2018 model year from the Annual Emissions Inspection Program.
Background
Within 90 days of the expiration of vehicle registration, every motor vehicle in Arizona within Area A, in the Phoenix metropolitan area, and Area B, in the Tucson metropolitan area, must pass a vehicle emissions inspection to determine the effect of vehicle-related pollution or ambient air quality and compliance with minimum emissions standards adopted by the Director of the Arizona Department of Environmental Quality (ADEQ). Minimum emissions standards are based on vehicle class and compliant with the federal Clean Air Act and 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 annual vehicle emissions testing requirements (A.R.S. Title 49, Chapter 3, Article 5).
ADEQ may adopt rules for air pollution emission standards for off-road vehicles and engines marketed in Arizona beginning with the 1999 model year (A.R.S. § 49-542.04).
The registration renewal notice required for the second through fifth registration year of a new vehicle must include a notice to the vehicle owner that the owner may choose to have an emissions inspection because of vehicle emissions performance warranty limitations on emissions components of the vehicle, but that an emissions inspection test is not required (A.R.S. § 49-543).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts, from the Annual Emissions Inspection Program, a vehicle that is manufactured in or after the 2018 model year.
2. Specifies that, in addition to an emissions inspection, a vehicle is subject to a tampering inspection as prescribed by rules adopted by the Director of ADEQ if the vehicle was manufactured after the 1974 model year but before the 2018 model year.
3. Allows the Director of ADEQ to adopt rules for purposes of implementation, administration, regulation and enforcement of the Annual Emissions Inspection Program that include the exemption from inspection of vehicles that were manufactured in or after the 2018 model year.
4. Prohibits ADEQ from adopting 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.
5. Conditions the enactment of this legislation on the U.S. EPA's approval, by July 1, 2027, of the proposed modifications to the Vehicle Emissions Testing Program protocols as part of the State Implementation Plan for Air Quality.
6. Requires the Director of ADEQ, by September 1, 2027, to notify in writing the Director of the Arizona Legislative Council either:
a) of the date on which the condition was met; or
b) that the condition was not met.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date or later, subject to the provisions of the conditional enactment.
House Action
NREW 2/6/24 DPA 6-4-0-0
3rd Read 2/28/24 31-28-0-0-1
Prepared by Senate Research
March 7, 2024
RA/SDR/slp