act-1992-0-166•Pennsylvania Act 1992-166 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 1992-166 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
act-1992-0-1661992 Pa. Act 166Law
Act text
VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Dec. 16, 1992, P.L. 1250, No. 166 Cl. 75
Session of 1992
No. 1992-166
HB 2751
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, providing for the implementation and administration
of an enhanced vehicle emission inspection program; further
providing for administrative duties of the Department of
Transportation for certain services and the Department of
Environmental Resources; providing for an alternative fuels
grant program; establishing the Alternative Fuels Incentive
Grant Fund; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1306, 4102, 4531, 4702, 4704 and 4706 of
Title 75 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 1306. Grounds for refusing registration.
The department shall refuse registration or renewal or
transfer of registration when any of the following circumstances
exists:
(1) The applicant is not entitled to registration under
the provisions of this chapter.
(2) The applicant has at registration or titling
neglected or refused to furnish the department with the
information required on the appropriate official form, or any
reasonable additional information required by the department.
(3) The department has reasonable grounds to believe
that the application contains false or fraudulent
information, or that the vehicle is stolen, which fact the
department shall ascertain by reference to the stolen vehicle
file required to be maintained under section 7114 (relating
to records of stolen vehicles), or that the granting of
registration would constitute a fraud against the rightful
owner or other person having a valid lien upon the vehicle.
(4) The fees required by law have not been paid.
(5) The vehicle is not constructed or equipped as
required by this title.
(6) The registration of the vehicle stands suspended for
any reason as provided for in this title.
(7) Self-certification of financial responsibility, as
required under section 1305(d) (relating to application for
registration), is not filed with the registration
application.
(8) Evidence of a passed emission inspection or evidence
of the issuance of a waiver has not been presented for a
vehicle required to have an emission inspection.
(9) The owner of a vehicle subject to emission
inspection has failed to complete or comply with an
emissions-related recall concerning that vehicle.
§ 4102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Centralized inspection." A system for vehicle emission
inspection utilizing consolidated facilities owned and operated
by the Commonwealth or by a contractor or contractors to the
Commonwealth that provide for vehicle emission testing only.
"Decentralized inspection." A system for vehicle emission
inspection using privately owned and operated department-
certified facilities to provide for vehicle emission testing or
allowing for repairs or both.
"Enhanced emission inspection program." A vehicle emission
inspection program as defined by the Federal Environmental
Protection Agency and including, but not limited to,
computerized emission analyzers, on-road testing and inspection
of vehicle emission control devices through a contracted
centralized or decentralized inspection program.
"Federal standard." A minimum standard of vehicle or vehicle
equipment performance issued under the National Traffic and
Motor Vehicle Safety Act (80 Stat. 718, 15 U.S.C. § 1381), the
Motor Vehicle Information and Cost Savings Act (86 Stat. 947, 15
U.S.C. § 1901) or the Clean Air Act (81 Stat. 485, 42 U.S.C. §
1857).
"On-road testing device." An exhaust gas analyzer capable of
measuring vehicle exhaust gas content outside of the garage
environment while the vehicle is in motion on the road or at
roadside.
"Qualified Commonwealth employee." An individual, police
officer or qualified department employee who has completed
training in the inspection or weighing of vehicles as required
by section 4704 (relating to inspection by police or
Commonwealth personnel), 4981 (relating to weighing and
measurement of vehicles) or 8302 (relating to powers and duties
of department).
"Subject vehicle." A motor vehicle having a gross vehicle
weight rating of 9,000 pounds or less which is of a model year
and uses a type of fuel specified by regulation of the
department if the secretary certifies by publication in the
Pennsylvania Bulletin that an emission inspection program for
such vehicles is required to meet the attainment goals
established by the Clean Air Act (Public Law 95-95, 42 U.S.C. §
7401 et seq.), as amended, and regulations promulgated by the
United States Environmental Protection Agency.
"Vehicle equipment standard." A minimum standard for vehicle
performance or vehicle equipment performance which meets the
needs of vehicle safety, noise control or air quality control,
which is practicable and which provides objective criteria.
§ 4531. Emission control systems.
(a) Compliance with established maximum levels.--No vehicle
manufactured in compliance with the requirements of the Clean
Air Act (77 Stat. 392, 42 U.S.C. § 1857), or any amendments or
supplements thereto, shall have emissions exceeding the maximum
permissible levels prescribed by law.
(b) Limitation on alteration of system.--No person shall
disable, change or alter the emission control system of a
vehicle [in such a manner that it fails to comply with the
prescribed emissions criteria]. Original emission control
components or replacements in kind shall be present and
functioning on all vehicles. A subject vehicle may be equipped
with any added components which are designed to improve
emissions. It is unlawful for [the vehicle] a subject vehicle
that is not in compliance with the preceding requirements to be
operated under its own power until a reinspection at an official
emission inspection station establishes its full compliance[.],
provided that it shall be lawful for the vehicle to be operated
under its own power by the vehicle owner while en route to the
official emission inspection station for a reinspection.
(c) Limitation on sale and operation of vehicles with
altered systems.--No person shall sell or operate a vehicle
whose emission control system has been disabled, changed or
altered from its original design specifications, except for in-
kind replacement of system components and added components which
are designed to improve emissions.
§ 4702. Requirement for periodic inspection of vehicles.
(a) Annual safety inspection.--Except as provided in
subsection (b), the department shall establish a system of
annual safety inspection of vehicles, including emergency
vehicles and private noncommercial vehicles used to transport
students.
(b) Semiannual safety inspection of certain vehicles.--
School buses, passenger vans under contract with or owned by a
school district or private or parochial school, including
vehicles having chartered, group and party rights under the
Public Utility Commission and used to transport school students,
passenger vans used to transport persons for hire or owned by a
commercial enterprise and used for the transportation of
employees to or from their place of employment, trailers having
a registered gross weight in excess of 10,000 pounds,
construction trucks for which annual permits are issued pursuant
to section 4970(b) (relating to permit for movement of
construction equipment), mass transit vehicles and motor carrier
vehicles shall be subject to semiannual safety inspection.
(c) [Inspection] Safety inspection criteria for street
rods.--The department, after consultation with the National
Street Rod Association and other interested groups, shall
prescribe special inspection criteria for vehicles registered as
street rods.
(d) Extension of inspection period.--The department may
extend the time for any of the inspections required by this
chapter for not more than 30 days due to weather conditions or
other causes which render compliance with the provisions of this
chapter within the prescribed time difficult or impossible.
(e) Prohibition on centralized inspection.--The department
shall not require or direct the use of a centralized safety
inspection program for purposes of performing vehicle safety
inspections.
(f) Emission inspection.--Subject vehicles operated in this
Commonwealth must be emission inspected as provided in section
4706 (relating to prohibition on expenditures for emission
inspection program).
(g) Exceptions.--The following are exceptions to subsection
(f):
(1) Emission inspection criteria for registration of
subject vehicles with new registration plates.--A subject
vehicle never before registered in this Commonwealth or any
other jurisdiction having less than 5,000 miles on its
odometer and for which an annual or temporary registration
plate was originally issued within the past 12 months shall
be exempt from emission inspection for one year from the date
of original registration. A certificate of exemption shall be
affixed to the subject vehicle in a manner prescribed by
department regulations.
(2) Emission inspection criteria for new vehicles with
transferred registration plates.--A subject vehicle never
before registered in this Commonwealth or any other
jurisdiction having less than 5,000 miles on its odometer and
bearing a registration plate which has been transferred from
another vehicle shall be required to pass an emission
inspection prior to the next registration renewal, but not
within nine months of the date of purchase of the subject
vehicle.
(3) Emission inspection criteria for used subject
vehicles with new or transferred registration plates.--A
subject vehicle sold having a title issued in this or any
other jurisdiction or sold with a manufacturer's statement of
origin and having 5,000 or more miles on its odometer and
which displays a currently valid certification of emission
inspection shall be required to be emission inspected prior
to expiration of the certificate of emission unless the
renewal of registration becomes due immediately before the
expiration of the certificate of emission inspection, in
which case the subject vehicle shall be emission inspected
prior to expiration of the new or transferred registration
plate. If there is no evidence of emission inspection, an
emission inspection must precede the next registration
renewal.
(4) Emission inspection criteria for vehicles operated
with miscellaneous motor vehicle business registration plates
or dealer registration plate.--A subject vehicle which
displays a miscellaneous motor vehicle business registration
plate or a dealer registration plate shall be exempt from the
requirements for emission inspection until it has accumulated
5,000 miles on its odometer. At that time it shall be subject
to the provisions of subsection (f).
§ 4704. Inspection by police or Commonwealth personnel.
(a) Authority to inspect.--
(1) Inspection in conjunction with vehicle weighing.--
Any police officer or Commonwealth employee engaged in
weighing vehicles as provided in Subchapter E of Chapter 49
(relating to measuring and adjusting vehicle size and
weights) is authorized to inspect any items of a vehicle's
equipment to determine whether they meet the standards
established in department regulations.
(2) Systematic vehicle inspection programs.--Any
Pennsylvania State Police officer or qualified Commonwealth
employee engaged in a systematic vehicle inspection program
may inspect any vehicle, driver, documents, equipment and
load to determine whether they meet standards established in
department regulations.
(3) Probable cause.--
(i) Any State Police officer or qualified
Commonwealth employee having probable cause to believe
that a vehicle, driver, documents, equipment or load are
unsafe, not equipped as required or otherwise not in
compliance with the law or regulations may inspect the
vehicle, driver, documents, equipment or load.
(ii) Any police officer having probable cause to
believe that a vehicle or its equipment is unsafe, not
equipped as required or otherwise not in compliance with
the law or regulations may inspect the vehicle or its
equipment.
(4) Testing in conjunction with vehicle emissions.--When
testing for vehicle emissions, testing may include remote
sensing devices or systematic roadside checks with tailpipe
tests, emission control device checks and a check of the
subject vehicle's emission control system including all of
the components to determine if any part of the system has
been disabled, changed or altered. The systematic testing may
be conducted by police officers or qualified Commonwealth
employees.
(b) Notice of violation.--Any police officer or qualified
Commonwealth employee, having probable cause to believe that any
vehicle or mass transit vehicle, regardless of whether it is
being operated, or its equipment, documents or load, are unsafe,
not equipped as required, or are otherwise not in compliance
with the law or department regulations, may at any time submit a
written notice of the violations to the driver of the vehicle or
the mass transit vehicle or to the owner, lessee or registrant,
or if none of them is present, to an adult occupant of the
vehicle or the mass transit vehicle, or if the vehicle or the
mass transit vehicle is unoccupied, the notice shall be attached
to the vehicle or the mass transit vehicle in a conspicuous
place.
(1) The notice shall specify the particulars of the
violations and require that the violations be corrected.
Within five days or, in the case of a motor carrier vehicle
or bus, within 15 days or before commencement of the
vehicle's next trip, whichever occurs first, or in the case
of emission testing, within 30 days, evidence must be
submitted to the police or the Commonwealth, whichever is
applicable, that the violations have been corrected.
(2) If the police officer or qualified Commonwealth
employee has probable cause to believe that a vehicle or mass
transit vehicle is unsafe or not in proper repair or fails a
roadside vehicle emission test, he may require in the written
notice that the vehicle or mass transit vehicle be inspected.
The owner or driver shall, within five days of the date of
notification or, in the case of a motor carrier vehicle or
bus, within 15 days of the date of notification or before
commencement of the vehicle's next trip, whichever occurs
first, or in the case of emission testing, within 30 days,
submit to the police or the Commonwealth, whichever is
applicable, certification from an official inspection station
that the vehicle or the mass transit vehicle has been
restored to [safe] legal operating condition in relation to
the particulars specified on the notice. Any person who fails
a roadside vehicle emission inspection shall have 30 days in
which to pass an enhanced vehicle emission inspection or to
produce evidence that the subject vehicle has a valid
emissions test waiver.
(3) After the expiration of the five-day [or 15-day],
15-day or 30-day period specified in paragraphs (1) and (2),
whichever is appropriate, the vehicle shall not be operated
upon the highways of this Commonwealth and a mass transit
vehicle shall not be operated until the owner or driver has
submitted to the police or the Commonwealth, whichever is
applicable, evidence of compliance with the requirements of
paragraph (1) or (2), whichever is applicable.
(c) Operation prohibited if hazardous.--In the event a
vehicle or a mass transit vehicle, or its equipment, load or
driver, in the reasonable judgment of the officer or qualified
Commonwealth employee, is in such condition that further
operation would be hazardous, the officer or qualified
Commonwealth employee may require that the vehicle or the mass
transit vehicle not be operated under its own power or that the
driver discontinue driving, or both, and may so stipulate in the
notice given under subsection (b). In the case of motor carrier
vehicles or their drivers, all such determinations shall be
based on out-of-service criteria established in department
regulations.
(d) Authority of police and qualified Commonwealth
employees.--Any police officer or qualified Commonwealth
employee shall be authorized to detain and inspect any sealed or
unsealed vehicle, container or shipment which they have probable
cause to believe may be in violation of the law or Commonwealth
regulations while in transit or in maintenance facilities,
terminals or other public or private property to ascertain if
commodities or materials are being unloaded, stored or
transported in an illegal manner; to inspect contents; to
inspect and copy documents and otherwise to ensure compliance
with the law and Commonwealth regulations, except that only
State Police and qualified Commonwealth employees shall have the
authority to enforce any law or regulation pertaining to
drivers, including, but not limited to, minimum driver
qualifications, maximum hours of service and driver records, or
pertaining specifically to hazardous materials. If a seal is
opened for inspection, the inspecting officer or Commonwealth
employee shall reseal any vehicle, container or shipment prior
to further transportation.
(e) Limitation of authority of qualified Commonwealth
employees.--The authority granted to qualified Commonwealth
employees under this section shall be exercised only when the
employee is in uniform and shall apply only to vehicles subject
to emission inspection, motor carrier vehicles, buses and all
vehicles and combinations carrying hazardous materials in an
amount and type which require the vehicle to be placarded under
Chapter 83 (relating to hazardous materials transportation) and
to the drivers of all such vehicles. Qualified Commonwealth
employees who are not police officers shall be regarded as
police officers under this part for the purpose of instituting
criminal proceedings by citation under Chapter 50 of the
Pennsylvania Rules of Criminal Procedure.
(f) Training of Commonwealth employees.--The department
shall establish a program or programs to train and qualify
Commonwealth employees, including Pennsylvania State Police
officers, to inspect vehicles, equipment, documents, loads and
drivers as authorized under this section and may provide such a
program to train and qualify any police officer. After one year
following the effective date of this section, inspections under
subsection (a)(2) may be conducted only by personnel qualified
under this program. Until that time, such inspections may be
conducted by personnel designated by the department. A document
executed by a department official, or a photostatic copy
thereof, indicating that a person, including any police officer,
has been so qualified or designated shall be competent and prima
facie evidence of the qualification or designation.
(g) Limitations.--Farm trucks not required to be registered,
implements of husbandry and special mobile equipment shall not
be subject to the systematic vehicle inspections authorized
under subsection (a).
§ 4706. Prohibition on expenditures for emission inspection
program.
(a) General rule.--Except as provided in subsection (b),
neither the department nor any other department or agency of the
executive branch of State government shall expend any public
funds for the establishment and administration of any system for
the periodic inspection of emissions or emission systems of
motor vehicles.
(b) Exception.--The provisions of subsection (a) shall not
apply when the secretary shall certify that [such] a system is
required to comply with Federal law and is necessary for the
Commonwealth to receive or avoid the loss of Federal funds in
which case the department may establish and administer such a
system for motor vehicles registered in areas where periodic
inspection of emissions or emission systems of motor vehicles is
required by the Environmental Protection Agency of the United
States or decrees of the courts of the United States.
(b.1) Further exception.--
(1) The provisions of subsection (a) shall not apply if
the secretary shall certify that a system is required to
comply with the Clean Air Act (Public Law 95-95, 42 U.S.C. §
7401 et seq.) and subsequent amendments or a final decree of
a Federal court and is necessary for the Commonwealth to
receive or avoid the loss of Federal funds, in which case the
department shall establish and administer an enhanced
emission inspection program. This program shall be
established in all areas of this Commonwealth where the
secretary certifies by publication in the Pennsylvania
Bulletin that a system is required in order to comply with
Federal law. Any area, counties, county or portion thereof
certified to be in the program by the secretary must be
mandated to be in the program by Federal law. If a petition
is required to be sent to the Federal Government in order for
any counties, county or portions of any county to be exempted
from the emission inspection program, the secretary shall
petition the Federal Government on behalf of any counties,
county or portion of any county that may qualify for an
exemption. In cases where more than one county within a
metropolitan statistical area may be exempted from the
emissions inspection program, the county with the lowest
population per square mile shall be exempted first. In cases
where only portions of one county may be exempted from the
emissions inspection program, the areas with the lowest
population per area of postal zip code coverage region shall
be exempted first. If the secretary establishes a centralized
inspection program, the following limitations shall be
applicable:
(i) Vehicle emission inspection shall be on a
biennial basis.
(ii) No vehicle repairs or vehicle safety
inspections shall be performed at any centralized
emission inspection facility.
(iii) No contractor providing centralized inspection
shall own or have any business interest in any vehicle
repair facility in this Commonwealth.
(iv) For the purposes of this chapter, the
department may issue a contract for a period of seven
years or more to the successful bidder for the
establishment and operation of a centralized program for
emissions testing.
(v) The department shall promulgate regulations for
the conduct, supervision and qualification of a
contractor, its principals, employees or agents providing
centralized emission testing which shall include a
schedule of offenses punishable by fine of up to $20,000
and shall make provision for the discipline, termination,
suspension and/or debarment of a contractor, its
principals, employees or agents for the violation of a
regulation pertaining to the emission testing program.
(2) At least 60 days prior to the implementation of any
enhanced emission inspection program developed under this
subsection, the Secretary of Transportation shall certify by
notice in the Pennsylvania Bulletin that an enhanced emission
inspection program will commence.
(b.2) Restrictions on exceptions.--Notwithstanding any other
provision or requirement contained in this title, no provision
or requirement of this section shall be more stringent or
restrictive than those required by the Clean Air Act. No
allowable vehicle emission standard shall be more restrictive
than that originally certified for the subject vehicle at the
time of manufacture.
(c) [Certificate] Evidence of emission inspection.--
(1) The department shall issue [a certificate] evidence
of emission inspection through an official emission
inspection station or an authorized agent of the department,
valid until the next scheduled emission inspection, for a
subject motor vehicle which meets the following criteria:
(i) [the motor] The subject vehicle has passed an
inspection or a reinspection performed by the emission
inspection station[; or], including an antitampering
check, and all required emission control devices are
installed, except as noted in subparagraph (ii).
(ii) [all required emission control devices are
installed and the motor vehicle has qualified for and has
received a low-emission tune-up as provided in paragraphs
(2), (3) and (5) after failing an inspection performed by
the inspection station within the past 90 days.] For two
years from the commencement of the enhanced emission
inspection program, a subject vehicle that passes the
tailpipe emissions portion of the test but fails the
antitampering check portion shall be issued a tampering
warning in lieu of a test failure. At the expiration of
this time period, the subject vehicle shall meet the
requirements of subparagraph (i) or shall be considered
to have failed the entire test.
(iii) The subject vehicle is exempt pursuant to the
provisions of section 4702(g) (relating to requirement
for periodic inspection of vehicles).
(2) [When the cost of necessary repairs, as documented
by a written estimate, would exceed] When a subject vehicle
has failed the emission inspection test and continues to fail
after the owner has expended an amount at least equal to the
total cost limitation[,] as provided in paragraph [(5)] (3),
the owner may[, instead of performing or obtaining necessary
repairs, obtain a low-emission tune-up] apply for a waiver.
For the purpose of determining qualification for a [low-
emission tune-up] waiver, the cost of necessary repairs shall
not include the costs covered by any warranty, insurance
policy or prepaid maintenance agreement or the costs as
referred to in [paragraphs (6) and (7)] paragraph (4).
[(3) A low-emission tune-up shall consist of four engine
checks and necessary adjustments and shall be performed in
the following manner:
(i) If the motor vehicle is equipped with a breaker
point ignition system, the mechanic shall check and, if
necessary, adjust the distributor point dwell to the
manufacturer's specifications.
(ii) If the motor vehicle is equipped with a
distributor which provides for timing adjustment, the
mechanic shall check and, if necessary, adjust the
ignition timing according to the manufacturer's
specifications.
(iii) If the motor vehicle is equipped with a
carburetor which provides for idle and air/fuel mixture
adjustments, the mechanic shall then adjust the idle and
air/fuel mixture according to the recommended procedures
of the motor vehicle manufacturer.
(iv) If the motor vehicle is equipped with a
carburetor which provides for idle speed adjustment, the
mechanic shall check and, if necessary, adjust the idle
RPM to the specifications of the motor vehicle
manufacturer. If a substantial idle speed adjustment is
necessary, the mechanic shall recheck the initial timing.
(v) If none of the checks or adjustments set forth
in this paragraph can be performed on a motor vehicle or
are found to be ineffective, a low-emission tune-up shall
also include checking and, if necessary, repairing or
replacing the vacuum lines and electrical wires related
to the emission control system and checking and, if
necessary, replacing or repairing the air filter,
positive crankcase ventilation valve or any sparkplugs if
found defective.
(4) The department by regulation shall establish
standard time allowances needed to perform the low-emission
tune-up.
(5) The total cost limitation is $50 for 1974 and newer
model year vehicles and $25 for pre-1974 model year
vehicles.]
(3) The waiver limit shall be the minimum required by
Federal law. The costs mandated by this subsection do not
include any costs recoverable under warranty, insurance
policy or prepaid maintenance agreement.
[(6)] (4) Any expenses incurred in the repair of
emission control devices found to be tampered with or
rendered inoperative [through intervention by the vehicle
owner or someone acting on his behalf] or which are not
installed shall not be included in the total cost limitation
of [this] paragraph (3).
[(7) The costs mandated by this subsection do not
include any costs recoverable under an emission warranty.]
(5) It is unlawful to operate a subject vehicle without
evidence of emission inspection or certification by an
authorized agent, provided that it shall be lawful for a
motor vehicle to be operated by the vehicle owner while en
route to an emissions inspection station or to a vehicle
repair facility where an appointment for emissions-related
repairs has been scheduled and, provided further, that such
operation occurs no later than ten days after the expiration
of valid evidence of emission inspection issued under this
title.
(6) Subject vehicles presented for emission inspection
after the assigned emission inspection deadline shall be
charged $10 for each month or portion thereof past the due
date in addition to the emission inspection fee, except as
provided in regulations promulgated by the department.
[(d) Charge for inspection.--Whenever a system for the
periodic inspection of emissions or emission systems is
established as authorized in subsection (b), the maximum charge
for such inspection shall be $8. No additional charge shall be
made by the inspecting station for one necessary reinspection
within 30 days of the original inspection.
(e)] (d) Coordination with [safety inspections] vehicle
registration.--Whenever a system for the periodic inspection of
emissions or emission systems is established as authorized in
[subsection (b)] subsections (b) and (b.1), such inspection of
emissions or emission systems shall be coordinated with the
vehicle [safety inspections required by section 4702 (relating
to requirement for periodic inspection of vehicles) and shall be
obtained during the period in which a vehicle is required to
obtain the safety inspection] registration period.
[(f) Credit.--
(1) Once each calendar year, every qualified person or
persons who owns a vehicle which undergoes an emission
inspection required pursuant to this section shall be
eligible to claim a credit in the amount of $19 against the
annual registration fee for the vehicle as provided in
Chapter 19 (relating to fees) or the processing fee in
section 1901(c)(16) and (17) (relating to exemption of
entities and vehicles from fees). The credit shall be
available only for one vehicle for each qualified person.
(2) In order to claim a credit, a qualified person shall
subtract the amount of the credit from the annual fee for
registration of the vehicle as provided in Chapter 19 or the
processing fee as provided in section 1901(c)(16) and (17)
except that the credit shall not reduce the amount of annual
registration fee or processing fee due to less than $5. The
person may only claim the credit one time in any calendar
year and shall claim it within 12 months of the date of the
inspection.
(3) Any qualified person who shall claim a credit under
this subsection is deemed to have granted his or her consent
for the department to have access, pursuant to procedures
established by the Department of Revenue and the Department
of Transportation, to relevant personal income tax returns.
Notwithstanding any other provision of law to the contrary,
the Department of Revenue shall provide such information
relating to the returns of qualified persons claiming the
credit as the Secretary of Transportation shall require to
confirm eligibility for the credit.
(4) Any person who fraudulently claims or attempts to
claim the credit as authorized herein commits a misdemeanor
of the second degree and shall in addition to any fines and
imprisonment be ordered to make restitution to the
Commonwealth.
(5) The provisions of this subsection shall expire two
years from the date that the Secretary of Transportation
certifies that the motor vehicle emission inspection program
has been implemented.
(g)] (e) Regulations.--[The] Upon certification by the
secretary of the need to comply with Federal law, the department
shall promulgate such regulations as may be necessary to
implement [this section] the emission inspection program but it
shall not promulgate a regulation that would require safety
inspection stations to also perform emission control
inspections. Regulations promulgated by the department relating
to the enhanced emission inspection program shall not be subject
to the proposed rulemaking provisions of the act of July 31,
1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law, or the act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
[(h) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Dependent." A natural person who derives more than one-half
of his total support during the entire taxable year from another
individual. Any individual who shall be a dependent shall not be
eligible to claim the credit authorized by subsection (f).
"Qualified person or persons." A natural person or persons
who is an unmarried individual or surviving spouse who is not a
dependent of another individual with income as defined in
section 301 of the act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971, for the prior calendar year not
exceeding $14,999; or who are a husband and wife filing the
personal income tax return separately or jointly with a combined
income as defined in section 301 of the Tax Reform Code of 1971,
for the prior calendar year not exceeding $14,999.]
Section 2. Title 75 is amended by adding sections to read:
§ 4709. Low-Emissions Vehicle Commission.
(a) Establishment.--There is hereby established a Low-
Emissions Vehicle Commission which shall consist of 13 members.
The Secretary of Commerce, the Secretary of Environmental
Resources and the Secretary of Transportation shall be members.
Six members shall be appointed by the Governor as follows:
(1) One member shall be a representative of an
environmental advocacy group, and one each shall be appointed
from a list of at least three nominees provided by each of
the following:
(i) The Associated Petroleum Industries of
Pennsylvania.
(ii) The Pennsylvania Gas Association.
(iii) The Pennsylvania Electric Association.
(iv) The Pennsylvania Automotive Association.
(v) The Pennsylvania AAA Federation.
(2) There shall be four legislative members: two members
of the Senate, one appointed by the Majority Leader of the
Senate and one appointed by the Minority Leader of the
Senate; and two members of the House of Representatives, one
appointed by the Majority Leader of the House of
Representatives and one appointed by the Minority Leader of
the House of Representatives.
(3) The Low-Emissions Vehicle Commission shall elect a
chairman.
(4) The Secretary of Transportation and the Secretary of
Commerce shall jointly provide administrative staff.
(b) Study content.--The Low-Emissions Vehicle Commission
shall complete a study which addresses:
(1) whether adoption of the low-emissions vehicle
program will result in significant net air quality
improvements, using appropriate air quality modeling analysis
and considering both volatile organic compound and nitrogen
oxide emissions and their impact on ambient ozone levels; and
(2) whether adoption of the low-emissions vehicle
program will result in a more cost-effective reduction in
ozone precursors than other alternative control strategies
for mobile and stationary sources to achieve and maintain the
NAAQS standards established by the Clean Air Act (Public Law
95-95, 42 U.S.C. § 7401 et seq.), including the low-emissions
vehicle program's impact on economic development, future
economic expansion, benefits to public health, welfare and
environment and the fiscal impact on the consumer.
(c) Submission of study.--The commission shall submit its
completed study to the Governor and the General Assembly within
240 days of enactment of this legislation.
(d) Prohibitions.--
(1) Except as provided in paragraph (2), no department,
board or commission may adopt regulations establishing any
low-emission vehicle program until the study under subsection
(c) has been submitted to the General Assembly. Nothing in
this section shall preclude the department from proposing
regulations related to the California motor vehicle emission
standards under this act, subject to review under the act of
June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act.
(2) If the Low-Emissions Vehicle Commission does not
submit its study during the time period under subsection (c),
a department, board or commission may go forward with
adopting regulations establishing a low-emission vehicle
program.
(e) Reformulated motor fuels.--No department, board or
commission shall adopt regulations mandating the sale or use of
reformulated motor fuels which comply with any specifications
for reformulated motor fuels prescribed by the State of
California under 42 U.S.C. § 7545(c)(4)(B).
§ 4710. Vehicle Emission System Inspection Program Advisory
Committee.
(a) Appointment, composition, etc.--A Vehicle Emission
System Inspection Program Advisory Committee shall be appointed
by the Governor no later than 15 days after the effective date
of this section and shall have its first meeting no later than
30 days after the effective date of this section.
(b) Members.--The committee shall consist of 16 members.
Members shall serve without compensation other than
reimbursement for reasonable and necessary expenses in
accordance with the rules of the Executive Board and shall serve
for terms fixed by the secretary. The members shall include:
(1) Three representatives of public interest or
environmental groups.
(2) Six from the following groups, one each from a list
of three nominees provided by each of the following: The
Pennsylvania AAA Federation, Service Station Dealers and
Automotive Repair Association of Pennsylvania and Delaware,
Pennsylvania Automotive Association, the Automotive Service
Association of Pennsylvania, Associated Petroleum Industries
of Pennsylvania and Coalition for Safer, Cleaner Vehicles.
(3) The chairmen and minority chairmen of the Senate and
House of Representatives Transportation Committees or their
designees.
(4) The Secretary of Commerce, the Secretary of
Environmental Resources and the Secretary of Transportation
or their designees shall serve as ex officio, nonvoting
members of the committee.
(c) Advice to department.--The advisory committee shall
provide guidance, advice and recommendations to the department
on the establishment and implementation of the enhanced vehicle
emission inspection program. Any request for proposal for
contracted services issued by the department regarding the
enhanced vehicle emission inspection program shall not be
subject to review by the committee.
(d) Review of regulations.--The department simultaneously
shall submit for review prior to adoption final enhanced
emission inspection program regulations to the advisory
committee and to the Attorney General. The advisory committee
and the Attorney General shall have 30 days to review and
comment on regulations submitted for review, and the advisory
committee shall forward its comments to the secretary, to the
designated standing committees and to the Independent Regulatory
Review Commission. Attorney General review of enhanced emission
inspection regulations shall occur concurrently with the review
of the advisory committee. Review by the Attorney General shall
be limited to form and legality. If the Attorney General
determines that a rule or regulation is improper in form or
legality, its determination shall be transmitted to the
department and not otherwise subject to the provisions of
section 204(b) of the act of October 15, 1980 (P.L.950, No.164),
known as the Commonwealth Attorneys Act. An enhanced emission
inspection rule or regulation which has been further amended as
a consequence of a comment by the advisory committee or a
determination of illegality by the Attorney General shall be
resubmitted simultaneously to the advisory committee and to the
Attorney General. The advisory committee and the Attorney
General shall have ten days to review and comment. If the
Attorney General continues its objections and the department
disagrees, the department may promulgate the rule or regulations
with or without revision and shall publish with it a copy of the
Attorney General's objections. Upon completion of review of
enhanced emission inspection regulations by the advisory
committee and the Attorney General, the regulations shall be
submitted to the designated standing committees and the
Independent Regulatory Review Commission for review consistent
with the act of June 30, 1989 (P.L.73, No.19), entitled "An act
reenacting and amending the act of June 25, 1982 (P.L.633,
No.181), entitled, as reenacted and amended, 'An act providing
for independent oversight and review of regulations, creating an
Independent Regulatory Review Commission, providing for its
powers and duties and making repeals,' further providing for the
membership of the Independent Regulatory Review Commission and
for the procedure for regulatory review; changing the
termination date for the commission; and making repeals."
(e) Meetings.--The advisory committee shall meet at the call
of the chairman, but not less than semiannually, to carry out
its duties. The committee shall select a chairman and such other
officers as it deems appropriate.
(f) Additional members.--The secretary may appoint
additional members of the advisory committee on a temporary or
permanent basis to advise the department on particular issues.
(g) Sunset date.--The advisory committee established under
this section shall sunset on December 31, 1996.
§ 6116. Payment by credit or debit card.
Notwithstanding any other provision of this title, the
department is authorized to accept payment of a fee by a credit
or debit card, even though such payment may not be accompanied
by the required documents if the department determines that
payment by credit or debit card will improve service to the
public without adversely affecting the security and accuracy of
departmental records. If a payment is made by a credit or debit
card, the department may, in addition to the fee prescribed,
assess an additional service fee.
Section 3. Section 6311 of Title 75 is amended to read:
§ 6311. Enforcement authority.
If a driver fails or refuses to comply with the requirements
of a police officer or qualified Commonwealth employee given
pursuant to this title, the police officer or Commonwealth
employee shall have authority to take the vehicle into temporary
custody for the purpose of inspecting, testing or weighing the
vehicle, its equipment, documents or load. In addition to any
fine or penalty attributable to the weight, inspection, test or
other offense, any driver who fails or refuses to comply commits
a summary offense and shall, upon conviction, be sentenced to
pay a fine of $500. Any costs incurred in weighing, testing or
inspecting shall be paid by the driver to the person or agency
incurring the costs or to the issuing authority for payment to
the person or agency incurring the costs.
Section 4. Title 75 is amended by adding a chapter to read:
CHAPTER 72
ALTERNATIVE FUELS
Sec.
7201. Definitions.
7202. Alternative Fuels Incentive Grant Fund.
7203. Reports.
7204. Appropriation.
§ 7201. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Alcohols." Fuels composed of 85% ethanol or methanol and
15% gasoline.
"Alternative fuels." Motor vehicle fuels and fuel systems
which when compared to conventional gasoline or reformulated
gasoline, will result in lower emissions of oxides of nitrogen,
volatile organic compounds, carbon monoxide or particulates or
any combination thereof. These shall include compressed natural
gas (CNG), liquified natural gas (LNG), liquid propane gas
(LPG), alcohols (ethanol - e85 and methanol - m85), hydrogen,
hythane (a combination of CNG and hydrogen) and electricity.
"Bi-fuel" or "dual-fuel." Vehicles that operate on an
alternative fuel and gasoline or an alternative fuel and diesel
fuel.
"Dedicated vehicle." A vehicle which runs exclusively on an
alternative fuel. This term includes original equipment
manufacturer vehicles.
"Diesel fuel." Diesel engine fuel and all other liquids
suitable for the generation of power for the propulsion of motor
vehicles except gasoline.
"Fund." The Alternative Fuels Incentive Grant Fund.
"Gallon." The quantity of fluid or liquid at a temperature
of 60 degrees Fahrenheit necessary to completely fill a United
States standard gallon liquid measure.
"Gasoline." The same as a motor fuel and also means every
liquid petroleum product, or combination thereof, other than
solvents having an Atmospheric Pressure Index gravity of 46
degrees or above at a temperature of 60 degrees Fahrenheit and
at atmospheric pressure and includes drip, casinghead or natural
gasoline. The term includes liquid of less than 46 degrees
Atmospheric Pressure Index gravity at a temperature of 60
degrees Fahrenheit compounded, blended, manufactured or
otherwise produced by mixing or blending gasoline or solvents
with blending materials when the blended product can be used for
generating power in internal combustion engines.
"Incremental cost." The difference between the purchase
price of a dedicated vehicle and the purchase price of a
gasoline-only fueled vehicle.
"OEM." The original equipment manufacturer.
"OEM vehicle." A vehicle originally manufactured to run
exclusively on an alternative fuel.
"PEO." The Pennsylvania Energy Office.
"Retrofit." Installing an alternative fuel system into an
existing gasoline fueled vehicle.
§ 7202. Alternative Fuels Incentive Grant Fund.
(a) Establishment.--There is hereby established a separate
account in the State Treasury to be known as the Alternative
Fuels Incentive Grant Fund. This fund shall be administered by
the PEO. The fund shall consist of that portion of revenues
collected under the utilities gross receipts tax as set forth in
section 7204 (relating to appropriation).
(b) Expenditures.--
(1) Moneys from the fund shall be expended by the PEO as
grants to school districts, municipal authorities, political
subdivisions, nonprofit entities and corporations or
partnerships incorporated or registered in this Commonwealth
and to residents of this Commonwealth to meet 60% of the
expenses relative to retrofitting vehicles to operate on
alternative fuels as either a bi-fuel, dual-fuel or dedicated
vehicle, including the incremental cost of purchase of
dedicated vehicles and to meet 60% of the cost to install the
necessary fueling equipment. Two years after the effective
date of this chapter and for every two-year period
thereafter, the grant funding amount offered by the PEO shall
be reduced 10% until it reaches 20% of the retrofit cost
where it will remain until economic or other conditions
warrant it be changed.
(2) No more than 5% of the fund may be used to
administer the provisions of this chapter.
(3) No more than 10% of the fund may go to any one
school district, municipal authority, political subdivision,
nonprofit entity, corporation or partnership in any one year,
provided that the total amount of grants made to grant
recipients within a political subdivision in a year shall not
exceed 15% of the fund.
(c) Regulatory powers.--The PEO shall promulgate regulations
necessary to carry out the provisions of this chapter which
shall include a method by which grant applications will be
prioritized according but not limited to the following goals
and/or criteria:
(1) The improvement of this Commonwealth's air quality.
(2) The fulfillment of the State's requirements under
the Clean Air Act (Public Law 95-95, 42 U.S.C. § 7401 et
seq.).
(3) The protection of this Commonwealth's natural
environment, including land, water and wildlife.
(4) The advancement of economic development in this
Commonwealth and the promotion of this Commonwealth's
indigenous resources.
(5) The reduction of this Commonwealth's dependence on
imported crude oil and other petroleum products.
(6) The most cost-effective use of private and public
funding.
(7) The transfer and commercialization of innovative
energy technologies.
§ 7203. Reports.
(a) Annual report.--The PEO shall annually make a report to
the General Assembly on the activities undertaken pursuant to
this chapter, including the number of grants awarded and other
expenditures from the fund.
(b) Special report.--The Department of Revenue, in
consultation with the PEO and the Department of Transportation,
shall submit a report to the General Assembly within two years
after the effective date of this chapter which analyzes the
impact of alternatively fueled vehicles on revenue from State
taxes on motor fuels at the time and projected five years into
the future and make recommendations on mechanisms to replace any
revenue losses.
§ 7204. Appropriation.
There is hereby allocated from the General Fund, on an annual
basis, an amount equal to 0.25 mills of the utilities' gross
receipts tax collected during each fiscal year under Article XI
of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
Reform Code of 1971. All moneys in this fund are hereby
appropriated to the Pennsylvania Energy Office on a continuing
basis to carry out this chapter.
Section 5. Until implementation of an enhanced emission
inspection program under 75 Pa.C.S. § 4706(b.1), the Department
of Transportation may continue to utilize any emission
inspection program developed under 75 Pa.C.S. § 4706(b).
Section 6. For the first year of enhanced emission testing
in those areas previously designated by the Department of
Transportation as requiring emission inspection, the department
shall require one-half of all subject vehicles to undergo an
antitampering emission inspection at a reduced fee. Warnings in
accordance with the provisions of 75 Pa.C.S. § 4706(c)(1)(ii)
shall be issued as warranted. Those vehicles selected for
antitampering inspection shall be required to undergo a complete
enhanced emission inspection the following year as provided
under this act. The remaining subject vehicles shall undergo a
complete enhanced emission inspection in accordance with the
provisions of this act. In those areas not previously designated
by the department as requiring emission inspection, the
department shall require one-half of all subject vehicles to
undergo a complete enhanced emission inspection as provided
under this act. The remaining subject vehicles shall undergo a
complete enhanced emission inspection the following year in
accordance with the provisions of this act.
Section 7. The Department of Environmental Resources may by
regulation establish a program known as "Cash for Clunkers."
Under this program, the owner or operator of a stationary source
of air pollution would purchase and permanently remove from
registered use any pre-1981 model-year passenger motor vehicle.
Proof of permanent removal from use would be by a certificate of
salvage issued under 75 Pa.C.S. § 1117. Upon presentation of
these certificates or certified copies to the department, the
department shall award the appropriate emission credit to the
owner or operator of the stationary air pollution source.
Section 8. (a) The Department of Transportation shall:
(1) Within 18 months of enactment of this act,
investigate the methods by which other states provide
decentralized vehicle and driver license transaction
services.
(2) Within 18 months of enactment of this act,
investigate opportunities available to provide decentralized
motor vehicle and driver license transaction services through
private entities.
(3) Within 18 months of enactment of this act,
investigate available technological means by which citizens
may routinely obtain motor vehicle and driver license
transaction services through self-service terminals, direct
or indirect telephone linkage to departmental computers or
similar systems.
(4) Within six months of enactment of this act, install
at least three pilot programs of private sector,
decentralized services for motor vehicle and driver license
transactions, including, but not limited to, at least three
vehicle dealerships, decentralized agents or other private
business entities who, notwithstanding any other provision of
75 Pa.C.S. or departmental regulations, shall be temporarily
authorized to obtain real time or on-line access to the
department's data bases to read motor vehicle records and
information and driver license records after first obtaining
the written consent of the person who is the subject of the
record as provided under 75 Pa.C.S. § 6114. Computerized and
electronically recorded data may be submitted to the
department for the purpose of updating records. The
department shall permit temporarily authorized dealerships,
decentralized agents or business entities to issue
accountable documents which, as determined by the department,
may include registration plates, cards and stickers and
driver licenses. The temporarily authorized dealerships,
decentralized agents or private business entities shall not
have been previously sanctioned by the department for
violations of 75 Pa.C.S. or departmental regulations within
the past three years. Temporarily authorized dealerships,
decentralized agents or private business entities shall be
permitted to charge a reasonable fee to customers for
providing these services.
(5) Within 18 months of enactment of this act, provide a
written report of the aforementioned activities to the
Transportation Committee of the Senate and the Transportation
Committee of the House of Representatives.
(b) In pursuing the directives of subsection (a), the
department is authorized to do the following:
(1) Contract with private entities for the purpose of
development, administration and operation of a system which
will permit electronic transactions and payment by credit or
debit card or electronic funds transfer. A third party
operating a secured-host computer system interfacing with the
department's computer system shall be bonded in an amount
specified by the department and will maintain transaction
audit trails for a period of time specified by the
department. In lieu of the cost of administration and
collection which the department would otherwise incur, the
department is authorized to pay a reasonable fee to any
dealership, decentralized agent or other private business
entity for data entry, collection of fees and electronic
transfer of such fees to the department.
(2) Conduct transactions by electronic means through
real time access if the department determines that electronic
transactions will improve service to the public without
adversely affecting the security and accuracy of departmental
records.
(3) Implement procedures to certify the accuracy of
electronic transactions.
(c) Notwithstanding any other provision of law, a written or
printed report of an electronic transaction permitted under this
section if certified as true and correct by the department, may
serve as evidence of any signature, acknowledgment or
information which was provided to the department by electronic
means, and such certification shall be admissible in any legal
proceeding as evidence of the facts stated within the
certification.
(d) After submitting the written report to the
Transportation Committee of the Senate and the Transportation
Committee of the House of Representatives as required under
subsection (a)(5), the department shall be authorized to and may
take the necessary steps to expand the pilot program required
under subsection (a)(4) on a permanent Statewide basis unless
otherwise directed to terminate the program through a concurrent
resolution enacted by the General Assembly.
(e) If subsection (c) or its application to any person or
circumstance is held invalid, the remaining provisions or
applications of this section are void.
Section 9. This act shall take effect as follows:
(1) The amendment or addition of 75 Pa.C.S. §§ 4706(b.1)
and (e), 4710 and 6116 and section 8 of this act shall take
effect immediately.
(2) The addition of 75 Pa.C.S. Ch. 72 shall take effect
July 1, 1993.
(3) The remainder of this act shall take effect 60 days
after the Department of Transportation certifies by notice in
the Pennsylvania Bulletin that an enhanced emission
inspection program will commence.
APPROVED--The 16th day of December, A. D. 1992.
ROBERT P. CASEY
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