Senate Committee Substitute

The act creates a decentralized emissions inspection program whereby motor vehicle safety inspection stations and other entities will conduct emissions inspection if certified by the air conservation commission. The decentralized system will not go into effect until September 1, 2007. Prior to that date, the commission shall develop a decentralized emissions inspection program that allows official emissions inspection stations to conduct on-board diagnostic testing on 1996 and newer vehicles. The act provides that motor vehicle safety inspection stations and other entities may apply to the commission to become official emissions inspection stations. Before issuing a certificate of authorization to a prospective station, the commission must determine if the applicant will be properly equipped, has qualified emission inspectors, and meets other requirements set forth by the commission. The act allows the commission to extend the current contract, or enter into a new contract, with the state-contracted company currently implementing the centralized emissions program. The extension or new contract shall be on a month-to-month basis. The act allows the commission to employ remote sensing devices for the purposes of collecting information regarding a vehicle fleet's emissions characteristics and registration compliance (Section 643.303).

The act applies the new decentralized emissions program consistently throughout the city of St. Louis, St. Louis County, St. Charles County, Jefferson County, and Franklin County. The act updates the county descriptions (Section 643.305).

The act provides that the Director of Revenue may verify a successful emissions inspection result electronically. This provision is similar to one contained in HB 241 (2005).

The act specifically exempts motor vehicles manufactured prior to 1996 from the emission inspection process. Motor vehicles manufactured prior to that date will be subject to a gas cap pressure test as part of the motor vehicle safety inspection test. This requirement will be implemented by rules. The act exempts diesel-powered vehicles (current law) except light-duty diesel-powered vehicle manufactured after 1996 with a gross vehicle weight rating of 8,500 pounds or less will be subject to inspection. The act exempts new motor vehicles which have not been previously titled and registered, for the two-year period following their model year of manufacture provided the odometer reading for such motor vehicles are less than 50,000 miles (Section 643.315).

The act sets forth the procedures that one must follow in order to become an official emissions inspection station. The act also provides that the commission may suspend a stations's certificate of authority to conduct emissions inspections provided the station is given due process as outlined in the act (Section 643.320).

The act provides that the commission shall establish a waiver amount which shall be no greater than $450 (Section 643.335).

The act requires certified repair technicians to obtain and possess valid A6, A8, and L1 certifications from the National Institute for Automotive Service Excellence.

The act allows the costs for repair work performed by an owner of a vehicle may be included toward reaching the waiver amount except that the owner shall only receive half of the labor cost for the repair performed on the vehicle toward the waiver amount. The cost of labor for work performed on a vehicle by its owner shall be computed by using the hourly rate and time allocations found in industry standard flat rate manuals that are generally recognized and commonly used in the motor vehicle repair industry within the metropolitan area. An owner who performs his or her emissions repairs, however, shall receive full credit toward the waiver amount for the cost of parts (Section 643.335).

The act abolishes the Missouri Air Pollution Control Fund established under Section 307.366 and transfers its funds to the Missouri Air Emission Reduction Fund (Section 307.367).

Many of the provisions of the act have an effective date of September 1, 2007.

STEPHEN WITTE