Bill Text: MI HB4899 | 2011-2012 | 96th Legislature | Introduced

Michigan House Bill 4899 (Prior Session Legislation)

Introduced

Bill Title: Environmental protection; air pollution; diesel idling; restrict. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 69.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2011-09-08 - Printed Bill Filed 09/08/2011 [HB4899 Detail]

Download: Michigan-2011-HB4899-Introduced.html

HOUSE BILL No. 4899

September 7, 2011, Introduced by Reps. Tlaib, Switalski, Irwin, Townsend and Hovey-Wright and referred to the Committee on Regulatory Reform.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding part 69.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 69 DIESEL POLLUTION CONTROL

Sec. 6901. As used in this part:

(a) "Auxiliary power unit" means a portable, vehicle-mounted

system that provides climate control and power for diesel vehicles

without using the propulsion engine.

(b) "Best available control technology" or "BACT" means level

3 controls or another emissions control device required by section

6905, 6906, or 6907 that does not result in a net increase of

emissions of nitrogen oxides.

(d) "CCV" means a closed crankcase ventilation system,

equipment that completely closes the crankcase of a diesel engine

to the atmosphere and routes the crankcase vapor to the engine

intake air system or the exhaust system.

(e) "Certified engine configuration" means a new, rebuilt, or

remanufactured engine configuration with respect to which all of

the following requirements are met:

(i) Is certified or verified by USEPA or CARB.

(ii) Meets or is rebuilt or remanufactured to a more stringent

set of engine emissions standards, as determined by the department.

(iii) If the engine configuration replaces an existing engine or

vehicle, the existing engine is returned to the supplier for

remanufacturing to a more stringent set of engine emissions

standards or for scrappage.

(f) "CMAQ program" means the congestion mitigation and air

quality program established under 23 USC 149.

(g) "Contractor" means a person that enters into a public

works contract with a public agency, or any person that enters into

an agreement with such a person, to perform work or provide labor

or services related to the public works contract.

(h) "Cost-effectiveness" means the total dollar amount of an

expenditure divided by the total number of tons of PM reduction

attributable to the expenditure.

(i) "Defective" means malfunctioning due to age, wear,

malmaintenance, or design defects.

(j) "Department" means the department of environmental

quality.

(k) "Fleet" means 1 or more diesel vehicles or mobile or

stationary diesel engines owned, controlled, or operated by the

same person or by any person that controls, is controlled by, or

has common control with that person.

(l) "Freight facility" means a port, airport, railyard, or

intermodal shipping facility where PM emissions (as total

particulates) from all activities associated with operations of

that facility, including, but not limited to, emissions from marine

vessels, cargo handling equipment, and truck and train traffic

associated with the facility, exceed 100 tons per year.

(m) "Fund" means the diesel emissions reduction fund created

in section 6910(1).

(n) "Funding program" means the diesel emissions reduction

funding program created pursuant to section 6912.

Sec. 6902. As used in this part:

(a) "Heavy-duty diesel vehicle" means a motor vehicle with a

gross vehicle weight rating of at least 14,000 pounds that is

(b) "Incremental cost" means the cost of an emission reduction

measure less the baseline cost avoided by the emission reduction

measure that would otherwise be incurred in the normal course of

business. Incremental costs may include added lease, fuel, or

capital costs.

device that achieves a PM emission reduction of 25% or more from

uncontrolled engine emission levels.

(d) "Level 2 control" means a verified diesel emission control

device that achieves a PM emission reduction of 50% or more from

uncontrolled engine emission levels.

(e) "Level 3 control" means a verified diesel emission control

device that achieves a PM emission reduction of 85% or more from

uncontrolled engine emission levels or that reduces emissions to

less than or equal to 0.01 grams of PM per brake horsepower-hour.

Level 3 control includes repowering or replacing the existing

diesel engine with an engine meeting USEPA's 2007 heavy-duty

highway diesel standards or, in the case of a nonroad engine, an

engine meeting the USEPA's tier 4 nonroad diesel standards. Level 3

control also includes new diesel engines meeting these emissions

standards.

(f) "Load/unload location" means a location where vehicles

load or unload.

(g) "MDOT" means the state transportation department.

(h) "Medium-duty diesel vehicle" means a motor vehicle with a

gross vehicle weight rating of at least 8,500 pounds and less than

14,000 pounds that is powered by a diesel engine.

(i) "Motor vehicle" means any self-propelled vehicle designed

for transporting persons or property on a street or highway.

(j) "Nonconforming" means not in compliance with the emission

control requirements of section 6905.

(k) "Nonroad engine" means an internal combustion engine,

including the fuel system, that is not used in a motor vehicle or a

vehicle used solely for competition and that is not a stationary

source. However, nonroad engine includes an internal combustion

engine used to power a generator, compressor, or similar equipment

used in a construction program or project.

(l) "Nonroad vehicle" means a vehicle or equipment that is

and greater, and that is not a motor vehicle or a vehicle used

solely for competition. Nonroad vehicle may include an excavator,

backhoe, crane, compressor, generator, bulldozer, or similar

equipment. Unless otherwise indicated in this part, nonroad vehicle

does not include a locomotive or marine vessel.

Sec. 6903. As used in this part:

(a) "Opacity" means the percentage of light obstructed from

passage through an exhaust smoke plume.

(b) "Person" means an individual or a partnership,

corporation, association, governmental entity, or other legal

entity.

(d) "PM2.5" means PM that is 2.5 micrometers or smaller in

diameter.

(e) "Public agency" means this state or a city, county,

township, village, or other political subdivision, a school

district, a state institution of higher education, or a department,

agency, board, or commission of any of these, or an authority

established by any of these pursuant to law.

(f) "Public works contract" means a contract with a public

agency for a program or project involving the construction,

demolition, restoration, rehabilitation, repair, renovation, or

abatement of any building, tunnel, excavation, roadway, park,

bridge, or other structure; a contract with a public agency

regarding the preparation for any such program or project; or a

contract with a public agency for any final work involved in the

completion of any such program or project.

(g) "Regulated highway diesel vehicle" means any of the

following heavy-duty diesel vehicles, as further defined in an

inclusive manner in rules promulgated under section 6920:

(i) Commercial and transit buses.

(ii) Garbage trucks.

(iii) School buses.

(iv) Trucks owned by or operated on behalf of public agencies,

including, but not limited to, dump trucks, graders, and snow

plows.

(v) Freight and cargo delivery trucks with central fleet

maintenance or fueling locations within this state.

(vi) On-road cargo handling equipment operated at ports,

airports, and railyards.

(vii) Such other heavy-duty highway diesel vehicles as the

department may designate by rule promulgated under section 6920.

(h) "Retrofit" means to equip a diesel motor vehicle or

nonroad vehicle with new PM-emissions-reducing parts or technology

verified by USEPA or CARB after manufacture of the original engine,

or with a CCV.

(i) "SAE J1667" means society of automotive engineers (SAE)

recommended practice SAE J1667 "Snap-Acceleration Smoke Test

Procedure for Heavy-Duty Diesel Powered Vehicles", as issued

February 1996 ("1996-02").

(j) "Significant expansion" means any modification, or series

of modifications occurring within a consecutive 10-year period, to

a freight facility or operations thereof, including, but not

limited to, physical changes to the facility or an increase in the

hours of operation, that is commenced after the effective date of

the amendatory act that added this section and that would result in

a maximum potential net increase in annual PM2.5 emissions of 10

tons or more from all activities associated with operations of the

facility under usual business conditions. "Significantly expand"

has a corresponding meaning.

(k) "SOS" means the secretary of state.

Sec. 6904. As used in this part:

(a) "Tampered" means missing, modified, or disconnected.

(b) "Truckstop" means a roadside service station especially

for trucks.

a sulfur content of no more than 15 parts per 1,000,000.

(d) "USEPA" means the United States environmental protection

agency.

(e) "USEPA's 2007 heavy-duty highway diesel standards" means

those regulations promulgated by USEPA and published at 66 FR 5002

(January 18, 2001).

(f) "USEPA's tier 4 nonroad diesel standards" means those

regulations promulgated by USEPA and published at 69 FR 38958 (June

29, 2004).

(g) "Verified diesel emission control device" means either of

the following:

(i) An emission control device or strategy that has been

verified to achieve a specified diesel particulate matter reduction

by USEPA or CARB.

(ii) Replacement or repowering with an engine that is certified

to specific PM emissions performance by USEPA or CARB.

(h) "Verified technology" means a diesel emission control

device, an advanced truckstop electrification system, or an

auxiliary power unit, that has been verified by USEPA or CARB.

Sec. 6905. (1) Subject to subsections (2), (3), and (4),

beginning July 1, 2014, a fleet owner or operator shall not operate

a regulated highway diesel vehicle unless at least 1/2 of the

regulated highway diesel vehicles in that fleet have level 3

controls installed, properly maintained, and functioning. Except as

provided in subsections (2), (3), and (4), beginning July 1, 2015,

a fleet owner or operator shall not operate a regulated highway

diesel vehicle unless that vehicle has level 3 control installed,

properly maintained, and functioning.

(2) For the proposed of subsection (1), both of the following

apply:

(a) Until July 1, 2016, a regulated highway diesel vehicle

that has level 1 control installed and functioning before the

effective date of the amendatory act that added this section shall

be considered to have level 3 controls installed, properly

maintained, and functioning.

(b) Until July 1, 2018, a regulated highway diesel vehicle

that has level 2 control installed and functioning before the

effective date of the amendatory act that added this section shall

be considered to have level 3 controls installed, properly

maintained, and functioning.

(3) An owner or operator of a fleet, including any fleet owned

or operated by a related person, consisting in the aggregate of 5

or fewer regulated highway diesel vehicles shall have an additional

2 years to comply with the requirements of subsection (1).

(4) If the department makes a written finding that a verified

diesel emissions control device with level 3 controls does not

exist for a regulated highway diesel vehicle, properly maintained

and functioning level 2 controls that are available and appropriate

for the vehicle as determined by the department may be substituted

for level 3 controls for the purposes of subsection (1).

(5) Beginning July 1, 2014, a person shall not own or operate

a regulated highway diesel vehicle that vents crankcase emissions.

A vehicle with a CCV, or other equally effective means of

preventing crankcase emissions permitted by rules promulgated under

section 6920, complies with this subsection.

(6) Subsections (1) and (5) do not apply to any regulated

highway diesel vehicle whose propulsion engine was operated in this

state for fewer than 1,000 miles and less than 100 hours during the

preceding calendar year, as confirmed by engine operation data from

a properly functioning odometer and nonresettable hour meter.

(7) A person shall not sell, deliver, or distribute diesel

fuel for diesel motor vehicles other than ultra-low sulfur diesel

fuel. A person shall not operate a diesel motor vehicle using

diesel fuel other than ultra-low sulfur diesel fuel.

(8) Beginning July 1, 2015, the owner of any heavy-duty diesel

vehicle that does not have best available control technology

installed, that is registered to operate in this state, and that is

engine with a certified engine configuration meeting BACT and

obtain written certification of compliance with this requirement

from the department.

(9) A person who violates this section may be ordered to pay a

civil fine of not more than $5,000.00 per violation. Each day of

noncompliance for each vehicle constitutes a separate violation. In

addition, the court may order the SOS to suspend the registration

of a vehicle that violates this section and not to issue any new or

renewal registration for that vehicle until the department notifies

the SOS that the violation has been corrected. If requested by the

owner or operator, the department shall inspect the vehicle and

determine if the violation has been corrected. The department shall

notify the SOS if the violation has been corrected. Before

determining that a violation of this section has not been

corrected, the department shall provide the owner or operator of a

vehicle with an opportunity for an evidentiary hearing under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328. Civil fines collected under this subsection shall be

deposited in the fund.

Sec. 6906. (1) Beginning July 1, 2013, a person shall not do

any of the following:

(a) Sell, deliver, or distribute nonroad diesel fuel other

than ultra-low sulfur diesel fuel.

(b) Operate a nonroad diesel engine, a diesel locomotive, or a

diesel marine engine classified by USEPA as a category 1 or

category 2 marine engine using diesel fuel other than ultra-low

sulfur diesel fuel.

(2) While traveling in waters of this state to or from any

port in this state, the operator of any oceangoing vessel powered

by a marine diesel engine classified by USEPA as a category 3

engine shall use marine fuel with a sulfur content no greater than

0.5% (5,000 parts per million) from July 1, 2014 to December 31,

2014, or 0.1% (1,000 parts per million) beginning January 1, 2015.

(3) The department shall consider adopting by rule, as

expeditiously as possible, any CARB regulation that reduces PM

emissions from nonroad diesel engines. The department shall not

adopt the CARB regulation if the department finds, after notice and

hearing, that adoption of the regulation would not be consistent

with 42 USC 7543 or would yield only de minimis diesel PM

reductions or health benefits within this state.

(4) Except as provided in subsection (5), on and after January

1, 2017, any public agency that owns, operates, or leases any

diesel nonroad vehicle shall install and operate level 3 controls

on the nonroad vehicle. The public agency shall operate, maintain,

and service the emissions control technology as recommended by the

manufacturer. Failure by a public agency to meet this condition

shall subject the agency to a reduction of state funding or a

denial of increased state funding in accordance with rules to be

promulgated by the department of treasury, in consultation with the

department of environmental quality, pursuant to the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(5) Subsection (4) does not apply to a diesel nonroad vehicle

if the department makes a written finding that a verified diesel

emissions control device with level 3 controls does not exist for

the vehicle and the agency installs level 2 controls that are

available and appropriate for the vehicle as determined by the

department. However, if the department makes a written finding that

a verified diesel emissions control device with level 2 controls

does not exist for the vehicle, the vehicle shall be retrofitted

with level 1 controls that are available and appropriate for the

vehicle as determined by the department. All findings made pursuant

to this subsection and information relating thereto shall be made

available to the public, and the department shall post the

findings.

(6) A person who violates subsection (1) or (2) or a rule

promulgated under subsection (3) may be ordered to pay a civil fine

of not more than $5,000.00 per violation. Each day of noncompliance

of each misfueled vehicle constitutes a separate violation. Civil

fines paid under this subsection shall be deposited in the fund.

Sec. 6907. (1) Beginning September 1, 2015, any solicitation

for a public works contract, and any public works contract, shall

include the following provisions and all contractors shall comply

with the provisions in the performance of the contract:

(a) Ultra-low sulfur diesel fuel or an ultra-low sulfur diesel

blend with a sulfur content of 15 ppm or less shall be used in all

diesel nonroad vehicles and heavy-duty diesel vehicles.

(b) Contractors shall not vent crankcase emissions from diesel

nonroad vehicles and heavy-duty diesel vehicles. A vehicle with a

CCV, or other equally effective means of preventing crankcase

emissions permitted by rules promulgated under section 6920,

complies with this subsection.

nonroad and heavy-duty diesel vehicles, and shall not exceed the

idle limits for motor vehicles set forth in section 6909(2).

(d) All diesel nonroad vehicles (not including diesel

generators) on site for more than 3 days during the project shall

have installed and operate the following, as applicable:

(i) A minimum of level 1 controls by January 1, 2016.

(ii) For engines with a rating of 25 or more but less than 75

horsepower, level 2 controls by July 1, 2019.

(iii) For engines with a rating of 75 horsepower or more, level

3 controls by July 1, 2019.

(e) All heavy-duty diesel vehicles and diesel generators on

site for more than 3 days during the project shall have installed

and operate the following, as applicable:

(i) A minimum of level 1 controls by January 1, 2016.

(ii) Level 3 controls by July 1, 2016.

(f) Each diesel nonroad vehicle, heavy-duty diesel vehicle,

and diesel generator on site shall display a compliance sticker

clearly and conspicuously indicating its installed level of

emissions control.

(g) All emissions control technology shall be operated,

maintained, and serviced as recommended by the manufacturer.

(2) A public works contract shall provide full or partial

reimbursement from the public works project funds for incremental

costs incurred by contractors that are necessary to bring diesel

nonroad vehicles and heavy-duty diesel vehicles used on that

specific project into compliance with the requirements of

subsection (1)(d)(ii) and (iii) and (e)(ii) for that specific project.

However, reimbursement shall not be provided for costs incurred

after 6 months following the applicable compliance date. Each

relevant agency shall establish annually the reimbursement

percentage to be applied to all of its public works contracts for

each calendar year from 2015 through 2019. Eligible contractors

applying for such reimbursement shall provide such information as

required by the public agency. Only 1 reimbursement shall be

provided for each diesel nonroad vehicle or heavy-duty diesel

vehicle. Expenditures are not eligible for reimbursement under this

subsection to the extent that they were incurred to bring a vehicle

into compliance with a different provision of this act or any other

federal or state law or regulation, or if such expenditures have

been previously reimbursed using funds from any other public works

contract or any other public agency. Each application for

reimbursement shall include appropriate contractor certifications

concerning these eligibility prohibitions.

(3) The costs that are reimbursed by the public agency under

subsection (2) shall not be included in the project bid or

considered by the public agency in evaluating bids.

(4) A public agency entering into a public works contract may

provide reimbursement for retrofits of project diesel nonroad

vehicles and heavy-duty diesel vehicles authorized under subsection

(2) in the form of rebates if the department promulgates rules

under section 6920 governing such rebates. Any such rules shall

establish the amounts of rebates for particular types of vehicles

and rebate policies, procedures, and safeguards that are

substantially similar to the provisions of section 6914.

(5) Any public works contract shall provide for enforcement of

the contract provisions required by subsection (1) and penalties

for noncompliance with such provisions.

(6) Subsection (1)(d)(iii) and (e)(ii) does not apply to a diesel

nonroad vehicle or heavy-duty diesel vehicle if the public agency

makes a written finding that a verified diesel emissions control

device with level 3 controls does not exist for such vehicle and

the finding is approved, in writing, by the department. In that

case, the vehicle may operate on the project site only if it has

been retrofitted with level 2 controls that are available and

appropriate for such vehicle as determined by the department.

However, if the public agency makes a written finding that a

verified diesel emissions control device with level 2 controls does

not exist for the vehicle and the finding is approved, in writing,

by the department, the vehicle may operate on site once it has been

retrofitted with such level 1 controls that are available and

appropriate for the vehicle as determined by the department. All

findings made pursuant to this subsection and information relating

thereto shall be made available to the public, and the department

shall post the findings and information on its website.

Sec. 6908. (1) A freight facility shall not commence or

operate a significant expansion without a permit issued by the

department under this section. An application for a permit shall be

submitted on a form provided by the department and shall include or

be accompanied by all of the following:

(a) A baseline inventory of annual PM emissions from all

sources associated with operations of the freight facility,

including, as appropriate, emissions from oceangoing vessels,

harborcraft, locomotives, cargo handling equipment, and commercial

medium-duty and heavy-duty trucks serving the facility. The

baseline inventory shall be based on data collected by the freight

facility for the full calendar year immediately preceding the

commencement of the significant expansion.

(b) An inventory of annual potential PM emissions from all

sources associated with operations of the freight facility for each

of the first 5 years following the projected completion of the

proposed expansion.

operations of the freight facility to prevent an increase over the

baseline inventory of more than 10 tons per year of PM emissions

from all sources associated with operations of the freight facility

during any of the years following the proposed expansion.

(d) Documentation that the facility has provided opportunity

for public comment, including public hearings as appropriate, on

the inventory data and the plan to reduce PM emissions at the

freight facility. The documentation shall include a summary of

significant comments received.

(2) The department shall issue or deny a permit by not more

than 180 days after submission of an administratively complete

application under subsection (1). The department shall issue the

permit if the plan under subsection (1)(c) is adequate to limit PM

emissions to the level specified in subsection (1)(c).

(3) Any freight facility that commences or operates a

significant expansion without a permit issued by the department

under subsection (2) may be ordered to pay a civil fine of not more

than $25,000.00 for each day of noncompliance.

(4) A freight facility issued a permit under subsection (2)

shall submit to the department by March 1 of each year a report

that describes the freight facility's programs and efforts to

comply with its emission reduction plan under subsection (1)(c).

The report shall include an annual inventory of PM emissions from

all sources associated with operations of the freight facility

during the preceding calendar year. Not more than 90 days after

submission of a report under this subsection, the department shall

approve, approve with conditions, or disapprove the report. The

freight facility shall correct any remaining errors, deficiencies,

or omissions in the report within 60 days of the department's

action and resubmit the report for further action by the department

under this subsection.

(5) A freight facility that does not have a fully approved

report under subsection (4) by September 1 of any year with respect

to PM emissions for the prior year may be ordered to pay a civil

fine of not more than $5,000.00 per day of noncompliance.

(6) Beginning 2 years following issuance by the department of

a facility expansion permit under subsection (2), if annual

aggregate PM emissions from the freight facility, as shown in the

most recent annual report under subsection (4) as approved by the

department, exceed the baseline inventory established pursuant to

this section by more than 10 tons per year, the freight facility

shall be ordered to pay a civil fine in an amount equal to 125% of

the cost of reducing aggregate facility PM emissions to not more

than 10 tons per year over the baseline inventory as estimated by

the department.

(7) Civil fines collected under this section shall be

deposited in the fund.

(8) This section does not limit any other authority of the

department with respect to any emissions source at a freight

facility.

Sec. 6909. (1) The owner of a load/unload location shall not

cause a medium-duty or heavy-duty diesel motor vehicle to idle for

a period greater than 30 minutes while waiting to load or unload at

the location.

(2) The owner or operator of a medium-duty or heavy-duty

diesel motor vehicle shall not cause or permit the vehicle to idle

for more than 5 minutes in any 60-minute period except as provided

in subsection (1), (3), or (4).

(3) Subsection (2) does not apply under any of the following

circumstances:

(a) A medium-duty or heavy-duty diesel motor vehicle idles

while forced to remain motionless because of on-highway traffic or

an official traffic control device or signal or at the direction of

a law enforcement official.

(b) A medium-duty or heavy-duty diesel motor vehicle idles

solely to prevent a safety or health emergency.

(i) An ambulance or a police, fire, public safety, military, or

other emergency or law enforcement vehicle idles while used in an

emergency or training capacity and not for cabin comfort.

(ii) Any other vehicle idles while being used in an emergency

capacity and not for cabin comfort.

(d) A vehicle's primary propulsion engine idles for

maintenance, servicing, repairing, or diagnostic purposes, but only

to the extent that idling is required for such activity.

(e) A vehicle idles as part of a state or federal inspection

to verify that all equipment is in good working order, but only to

the extent that idling is required as part of the inspection.

(f) Idling of the primary propulsion engine is necessary to

power work-related mechanical or electrical operations other than

propulsion, such as operating an extension, loading or unloading,

mixing or processing cargo, or straight truck refrigeration. This

subdivision does not apply to idling for cabin comfort or the

operation of nonessential on-board equipment.

(g) An armored vehicle idles when a person remains inside the

vehicle to guard the contents or while the vehicle is being loaded

or unloaded.

(4) Subsections (1) and (2) do not prohibit operating an

auxiliary power unit as an alternative to idling the vehicle's

primary propulsion engine if all of the following apply:

(a) The vehicle is equipped with a model year 2006 or older

engine.

(b) The verified PM emissions of the auxiliary power unit are

less than those of the primary propulsion engine.

(5) Before 1 year after the effective date of the amendatory

act that added this section, a person who violates subsection (1)

or (2) shall be given a written warning. Beginning 1 year after the

effective date of the amendatory act that added this section:

(a) The owner of a load/unload location who violates

subsection (1) is responsible for a state civil infraction and may

be ordered to pay a civil fine of not more than $750.00.

(b) The registered owner of a medium-duty or heavy-duty diesel

motor vehicle who violates subsection (2) is responsible for a

state civil infraction and may be ordered to pay a civil fine of

not more than $750.00.

vehicle who violates subsection (2) is responsible for a state

civil infraction and may be ordered to pay a civil fine of not more

than $250.00.

(6) Half of the proceeds of fines collected under subsection

(5) shall be deposited in the fund. The remaining 1/2 of the

proceeds of such fines shall be forwarded as follows:

(a) If the law enforcement officer issuing the civil

infraction citation is employed by this state, to the state

treasurer for deposit in the general fund.

(b) If the law enforcement officer is employed by a political

subdivision, to the treasurer of that political subdivision for

deposit in its general fund.

(7) By 3 years after the effective date of the amendatory act

that added this section, each truckstop having a capacity of 25 or

more trucks shall install truckstop electrification facilities

covering at least 80% of its parking spaces that allow diesel

trucks to connect to the electrical grid to obtain power for on-

board components or stationary components for heating, cooling, and

other needs that otherwise would be met by idling the propulsion

engines of the diesel trucks.

(8) A person who violates subsection (7) may be ordered to pay

a civil fine of not more than $750.00 per violation, with each day

of noncompliance constituting a separate violation. Civil fines

paid under this subsection shall be deposited in the fund.

(9) Within 1 year after the effective date of the amendatory

act that added this section, the department shall conduct an

analysis of idling practices of locomotive and commercial marine

diesel vehicle operators and the effects of such practices. The

owner or operator of such a diesel vehicle shall provide

information that the department may request for the purpose of

completing the analysis. Within 1 year and 26 weeks after the

effective date of the amendatory act that added this section, based

on such analysis, the department shall promulgate rules under

section 6920 requiring locomotive and commercial marine diesel

vehicles operating within this state to eliminate nonessential

idling to the extent such regulation is not preempted by federal

law.

(10) A person who violates subsection (9) or a rule required

under subsection (9) is responsible for a state civil infraction

and may be ordered to pay a civil fine of not more than $750.00.

(11) Half of the proceeds of fines collected under subsection

(10) shall be deposited in the fund. The remaining 1/2 of the

proceeds of such fines shall be forwarded as follows:

(a) If the law enforcement officer issuing the civil

infraction citation is employed by this state, to the state

treasurer for deposit in the general fund.

(b) If the law enforcement officer is employed by a political

subdivision, to the treasurer of that political subdivision for

deposit in its general fund.

(12) The department, after consultation with MDOT, shall

create and implement a plan to do both of the following:

(a) Provide information to diesel vehicle operators and owners

on the idle reduction requirements of this section, the economic

and environmental benefits of idle reduction, and the techniques

and technologies available to reduce unnecessary idling.

(b) Provide information and training to local and state law

enforcement officers on the requirements of this section and how to

effectively monitor compliance with and enforce those requirements.

Sec. 6910. (1) The diesel emissions reduction fund is created

within the state treasury.

(2) The fund consists of the funds, contributions, fees, and

surcharges under subsections (4), (5), and (6) and section 6911 and

fines and fees deposited in the fund pursuant to sections 6905,

6906, 6908, 6909, 6913(7), 6914(11), and 6916. The state treasurer

may receive money or other assets from any other source for deposit

into the fund. The state treasurer shall direct the investment of

the fund. The state treasurer shall credit to the fund interest and

earnings from fund investments. Money in the fund at the close of

the fiscal year shall remain in the fund and shall not lapse to the

general fund. The department of natural resources and environment

shall be the administrator of the fund for auditing purposes.

(3) The department shall expend money from the fund, upon

appropriation, only for the funding program. However, not more than

10% of the inspection fee revenue collected under section 6916 may

be expended by the department, upon appropriation, for costs

incurred in carrying out the inspection program. In addition, not

more than 2% of the remaining money deposited in the fund may be

expended, upon appropriation, for administrative costs incurred by

the department and the state treasurer in exercising their powers

and discharging their duties under this part. Money allocated to an

eligible diesel emission reduction measure may be designated as a

work project pursuant to section 451a of the management and budget

act, 1984 PA 431, MCL 18.451a, and if not expended in any fiscal

year may be carried over to succeeding fiscal years.

(4) A surcharge is imposed on the lease or rental of diesel

nonroad vehicles in an amount equal to 1% of the lease or rental

amount. The state treasurer shall adopt any procedures needed for

the collection, administration, and enforcement of the surcharge

authorized by this subsection and shall deposit all surcharges to

the credit of the fund.

(5) A surcharge is imposed on the lease or rental of heavy-

duty diesel vehicles that are of a model year of 2006 or earlier

and that are not equipped with level 3 controls. The amount of the

surcharge is 2.5% of the total lease or rental amount. The state

treasurer shall adopt any procedures needed for the collection,

administration, and enforcement of the surcharge authorized by this

subsection and shall deposit all surcharges to the credit of the

fund.

(6) Beginning with the 2012-2013 fiscal year, not less than

50% of funds expended on an annual basis from accounts related to

the CMAQ program shall be made available for the purpose of funding

eligible diesel emission reduction measures under the funding

program. Non-CMAQ-program money in the fund may be used for

compliance with the 20% match required by the CMAQ program.

Sec. 6911. (1) For the purpose of funding revolving loans to

finance truckstop electrification facilities as required by section

6909(7) and other diesel emission reduction measures eligible for

funding under the funding program, the department may issue revenue

bonds payable from principal and interest payments on the loans.

The department shall provide notice to the appropriations

committees of the senate and the house of representatives at least

30 days before bonds are offered for sale. A reasonable allowance

for legal and consultant services, cost of printing and issuing of

the bonds, interest on the bonds becoming due before collection of

the first available loan payments and for a period of 1 year

thereafter, and other incidental expenses may be included in the

cost for which bonds are to be issued. The bonds shall be

authorized by the director and may be issued in 1 or more series as

shall be determined by the director.

(2) The department may do 1 or more of the following with

respect to bonds under subsection (1):

(a) Sell and deliver and receive payment for bonds.

(b) Approve interest rates, purchase prices, discounts,

premiums, maturities, principal amounts, interest payment dates,

redemption rights at the option of the department or the holder,

and the place and time of delivery and payment for the bonds.

bonds and partly for other authorized purposes.

(d) Select which outstanding bonds will be refunded, if any,

by the new issue of bonds.

(e) Any other matters and procedures necessary to complete the

issuance and delivery of the bonds.

(3) An order of the director authorizing the issuance of bonds

shall contain all of the following:

(a) A description in reasonable detail of the truckstop

electrification program and other diesel emission reduction

measures, for which the bonds are to be issued.

(b) The form of the bonds and all of the following:

(i) The maturity date or dates for the bonds, which shall not

be later than 30 years after the issuance of the bonds.

(ii) The principal amount of and principal payment dates for

the bonds.

(iii) The interest rate or rates for the bonds or a provision

that bonds will not bear any interest.

(iv) The redemption provisions, with or without premium, for

the bonds, if any.

(v) The authorized denominations for the bonds.

(vi) Whether the bonds may be sold at a discount or for a

premium.

(vii) The manner in which the bonds will be executed.

(viii) Any other provision concerning the bonds or the security

for the bonds the director considers appropriate.

electrification or other diesel emission reduction measures shall

be pledged for the payment of the bonds.

(d) A covenant that the terms of new loans shall be revised

from time to time within the limits permitted by law when necessary

to ensure that the revenues to be derived from the fees shall be

sufficient to pay the principal of and interest on bonds issued

pursuant to this section and other obligations of the department in

connection with the issuance of bonds.

(e) A provision requiring the fiscal agent to set aside money

from the diesel revenue bond receiving fund established under

subsection (9) into a fund to be designated as the diesel debt

service fund in a sum proportionately sufficient to provide for the

payment of the principal of and interest upon all bonds payable

from the debt service fund as and when the principal and interest

become due and payable in the manner prescribed by the director. In

addition, the order shall authorize the director to provide that a

reasonable excess amount may be set aside by the fiscal agent from

time to time as determined by the director in the diesel debt

service fund to produce and provide a reserve to meet a possible

future deficiency in the diesel debt service fund. The order shall

further provide that out of the revenues remaining each quarter,

after having first met the requirements of the debt service fund,

including the reserve for the fund, the director may by direction

to the fiscal agent set aside additional money in the debt service

fund for the purpose of calling bonds for redemption, subject to

approval by the state administrative board. The resolution shall

also contain a provision for the investment of funds held by the

fiscal agent.

(f) A provision that money on deposit in the diesel revenue

bond receiving fund after setting aside the amounts for the diesel

debt service fund is surplus money and shall be deposited quarterly

by the fiscal agent upon the order of the director in the state

treasury in the diesel emissions reduction fund.

(g) The terms and conditions under which additional bonds,

payable from payments on loans for truckstop electrification and

other diesel emission reduction measures and of equal standing with

a prior issue of bonds, may be issued.

(h) A provision for deposit and expenditure of the proceeds of

sale of the bonds and for investment of the proceeds of sale of the

bonds and of other funds of the department relating to bonds

authorized by this part.

(i) A provision that in the event of a default in the payment

of principal of or interest on the bonds, or in the performance of

an agreement or covenant contained in the resolution, the holders

of a specified percentage of the outstanding bonds may institute 1

or more of the following for the equal benefit of the holders of

all of the bonds:

(i) An action of mandamus or any other suit, action, or

proceeding to enforce the rights of the holders of the bonds.

(ii) An action upon the defaulted bonds or coupons.

(iii) Any other action as may be provided by law.

(4) Any bond issued under this section shall state that it is

not a general obligation of this state, but is a revenue bond

payable only from repayment of loans for truckstop electrification

and other diesel emission reduction measures. Nothing in this part

authorizes this state to incur debt contrary to the state

constitution of 1963 or laws of this state. The holders of the

bonds shall not have any lien, mortgage, or other encumbrances upon

any property of this state, real, personal, or mixed. Bonds shall

be fully negotiable within the meaning of the negotiable

instruments law of this state.

(5) The director may issue bonds for the purpose of refunding

any obligations issued under this part or may authorize a single

issue of bonds in part for the purpose of refunding such

obligations. Bonds issued under this subsection may be sold in the

manner otherwise provided for the sale of bonds in this section. If

sold, that portion of the proceeds representing the refunding

portion may be either applied to the payment of the obligations

refunded or deposited in escrow for their retirement.

(6) The maximum rate of interest on bonds issued under this

section shall be that set forth for bonds in the revised municipal

finance act, 2001 PA 34, MCL 141.2101 to 141.2821. The sale and

award of bonds shall be conducted and made by the director at a

public or private sale. If a public sale is held, the bonds shall

be advertised for sale once not less than 7 days before sale in a

publication with statewide circulation that carries as a part of

its regular service notices of the sales of municipal bonds and

that has been designated in the resolution as a publication

complying with these qualifications. The notice of sale shall be in

the form designated by the director.

(7) Except as provided in subsection (6), bonds issued under

this section are not subject to the revised municipal finance act,

2001 PA 34, MCL 141.2101 to 141.2821.

(8) The issuance of bonds under this section is subject to the

agency financing reporting act, 2002 PA 470, MCL 129.171 to

129.177.

(9) All payments on loans for truckstop electrification or

other diesel emission reduction measures shall be deposited with

the state treasurer, who shall act as the fiscal agent for the

department. The state treasurer shall establish a special

depositary account to be designated "diesel revenue bond receiving

fund". The necessary expenses of the fiscal agent incurred by

reason of his or her duties under this part shall be paid from the

diesel revenue bond receiving fund. The director may designate

banks or trust companies to act as paying agents for bonds issued

pursuant to this section. The paying agent shall be paid from the

diesel debt service fund.

Sec. 6912. (1) Not more than 1 year of the effective date of

the amendatory act that added this section, the department, in

consultation with the state treasurer, shall establish by rule a

diesel emissions reduction funding program.

(2) The funding program shall consist of either a grant

program or a rebate program, or both, as determined by the

department in its sole discretion. Under a grant program, the

department shall provide grants and low-cost revolving loans from

the fund, on a competitive basis, for eligible measures to achieve

significant reductions of diesel PM emissions in accordance with

section 6913. Under a rebate program, the department shall provide

rebates from the fund in accordance with section 6914.

(3) In administering the funding program, the department shall

do all of the following:

(a) Manage funding program funds and oversee the funding

program.

(b) Produce guidelines, protocols, and criteria for eligible

emission reduction measures.

measure benefits and cost-effectiveness.

(d) Develop procedures for monitoring whether the emissions

reductions projected for grants awarded for emission reduction

measures under this chapter are actually achieved.

(e) Prepare reports regarding the progress and effectiveness

of the funding program.

(f) Take all appropriate and necessary actions so that

emissions reductions achieved through the funding program may be

credited by USEPA to the appropriate emissions reduction objectives

in the state implementation plan.

Sec. 6913. (1) A grant program established under section 6912

shall be implemented as provided in this section.

(2) Subject to legislative appropriations, the department

shall annually allocate at its discretion some or all of the money

available in the fund to the grant program. Subject to legislative

appropriations, grant program funds not expended in a given year

may be transferred to the grant program or any rebate program

established under section 6912 for the following year at the

department's discretion.

(3) Subject to section 6910(3), the department shall

distribute funds available for each fiscal year for eligible

emission reduction measures under the grant program in accordance

with the following priority:

(a) First, to diesel fleets owned and operated by a public

agency.

(b) If funds are remaining after all eligible emission

reduction measures have been funded under subdivision (a), then to

privately owned diesel fleets operated for the benefit of the

public pursuant to a contract with a public agency.

reduction measures have been funded under subdivision (b), then to

privately owned diesel fleets operating on private business.

(4) To receive a grant or loan under the grant program, the

applicant shall submit to the department an application at a time

required by the department and on a form provided by the

department. An application under this subsection shall include all

of the following:

(a) A description of the air quality of the area in which the

emission reduction measure fleets will operate.

(b) A description of the emission reduction measure proposed

by the applicant, including any certified engine configuration or

verified technology proposed to be used or funded in the emission

reduction measure and the means by which the emission reduction

measure will achieve a significant reduction in diesel emissions.

of the quantifiable and unquantifiable benefits of the emissions

reductions of the proposed emission reduction measure.

(d) An estimate of the cost of the proposed emission reduction

measure.

(e) A description of the age and expected effective lifetime

of the equipment to be used or funded in the proposed emission

reduction measure.

(f) A description of the diesel fuel available in the areas to

be served by the proposed emission reduction measure, including the

sulfur content of the fuel.

(g) Provisions for the monitoring and verification of the

emission reduction measure.

(h) Such other information as may be required by the

department.

(5) The department shall determine which emission reduction

measures are eligible for grants, from the following list:

(a) Installation of a retrofit technology, including any

incremental costs of a repowered or new diesel engine, that

significantly reduces PM emissions through development and

implementation of a certified engine configuration or a verified

diesel emission control device for a medium-duty or heavy-duty

diesel motor vehicle, a diesel nonroad vehicle, a commercial marine

engine, or a locomotive.

(b) Installation of a CCV on a vehicle or equipment described

in subdivision (a).

duration idling using verified technology involving a vehicle

described in subdivision (a). Truckstop electrification facilities

are eligible for low-cost revolving loans but not eligible for

grants.

(6) In providing a grant or loan under the grant program, and

subject to subsection (3), the department shall give priority to

otherwise eligible emission reduction measures within each of the 3

priority categories described in subsection (3) that, as determined

by the department, meet all of the following requirements:

(a) Maximize public health benefits.

(b) Are cost-effective.

requirements:

(i) Have the highest population density.

(ii) Are poor air quality areas, including areas identified by

the department as in nonattainment or maintenance of national

ambient air quality standards for a criteria pollutant, federal

class I areas, or areas with toxic air pollutant concerns.

(iii) Receive a disproportionate quantity of air pollution from

diesel fleets, including truckstops, ports, rail yards, terminals,

and distribution centers.

(iv) Use a community-based collaborative process involving

multiple interested parties to reduce toxic emissions.

(d) Include a certified engine configuration or verified

technology that has a long expected useful life.

(e) Will maximize the useful life of any certified engine

configuration or verified technology used or funded by the project.

(f) Conserve diesel fuel.

(g) Use ultra-low sulfur diesel fuel.

(7) Except for a measure involving a marine vessel or engine,

not less than 75% of vehicle miles traveled or hours of operation

projected for the 5 years immediately following the award of a

grant must be projected to take place in this state. For a proposed

emission reduction measure involving a marine vessel or engine, the

vessel or engine must be operated in the waters of this state for a

sufficient amount of time over the lifetime of the measure, as

determined by the department, to meet the cost-effectiveness

requirements of subsections (8) to (10). The owner of any vehicle

receiving funding for an emission reduction measure that fails

after the award of the grant to meet the geographical requirements

of this subsection shall pay a civil fine to the department equal

to a portion of the grant funds required by the department pursuant

to rules promulgated under section 6920 in effect at the time of

the failure. The proceeds of all such fines shall be deposited in

the fund.

(8) For a proposed emission reduction measure based on the use

of a certified engine configuration or verified technology, a grant

applicant shall document, in a manner acceptable to the department,

a reduction in PM emissions of at least 50%, compared with the

baseline emissions adopted by the department for the relevant

engine year and application to the extent not provided pursuant to

the relevant CARB or USEPA verification process. After study of

available emissions reduction technologies and public notice and

comment, the department may revise the minimum percentage reduction

in PM emissions required by this subparagraph to improve the

ability of the funding program to achieve its goals.

(9) The department shall establish reasonable methodologies

for evaluating emission reduction measure cost-effectiveness. In

calculating cost-effectiveness, 1-time grants of money at the

beginning of a project shall be annualized using a time value of

public funds or discount rate determined for each project by the

department, taking into account the interest rate on bonds,

interest earned by state funds, and other factors the department

considers appropriate.

(10) Except as provided by subsection (12), and except for

installation of CCVs under subsection (5)(b), the department shall

not award a grant for a proposed emission reduction measure under

the grant program the cost-effectiveness of which, calculated in

accordance with subsection (9) and methodologies established

thereunder, exceeds $135,000.00 per ton of PM10 emissions. This

subsection does not restrict any authority of the department under

other law to require emissions reductions with a cost-effectiveness

that exceeds $135,000.00 per ton.

(11) The department shall not award a grant that, net of

taxes, provides an amount that exceeds the incremental cost of the

proposed emission reduction measure. The department shall consider

the incremental cost of a proposed new purchase, retrofit, repower,

or add-on equipment emission reduction measure to be reduced by the

value of any existing financial incentive that directly reduces the

cost of the proposed measure, including tax credits or deductions,

other grants, loans, rebates, or any other public financial

assistance.

(12) Based upon a study of available emissions reduction

technologies and costs and after public notice and comment, the

department may change the values of the maximum grant award

criteria established in subsection (10) to account for inflation or

to improve the ability of the grant program to achieve its goals.

Sec. 6914. (1) A rebate program established by the department

under section 6912 shall be implemented as provided in this

section.

(2) Subject to legislative appropriations, the department

shall annually allocate some or all of the money available in the

fund to the rebate program. Subject to legislative appropriations,

rebate program funds not expended in a given year may be

transferred by the department to the rebate program or any grant

program established under section 6912 for the following year.

(3) A retrofit vendor or owner of an eligible vehicle who

meets the requirements of this section is eligible to receive a

rebate under the rebate program. For purposes of this subsection,

"eligible vehicle" means a vehicle that meets the requirements of

this section, that is described in section 6913(5)(a), and to which

1 of the following applies:

(a) The vehicle is described in section 6913(3)(a).

(b) Beginning 2 years after the effective date of the

amendatory act that added this section, the vehicle is described in

section 6913(3)(b).

amendatory act that added this section, the vehicle is described in

section 6913(3)(c).

(4) Money from the fund shall be provided in the rebate amount

to defray the cost of purchase and installation to retrofit an

eligible vehicle with a level 3 control in combination with a CCV.

(5) The department shall establish the initial rebate amount

for retrofits of various types of eligible vehicles. The department

shall thereafter review the appropriateness of the amount at least

annually and may change the rebate amount to improve the ability of

the rebate program to achieve its goals.

(6) In order to receive a rebate, an eligible vehicle owner or

retrofit vendor shall do all of the following:

(a) Submit to the department a completed rebate reservation at

a time required by the department and on a form provided by the

department.

(b) Within 120 days of submission of a rebate reservation

form, the owner or vendor shall complete the retrofit pertaining to

the rebate reservation form, and shall submit to the department on

a form provided by the department a completed reimbursement

request, including certification of retrofit completion and

compliance with all requirements of this subsection and containing

such other information and such other conditions as the department

may require.

(7) Rebates shall be provided on a first-come, first-served

basis, with priority established based upon the date of the

department receipt of a completed reservation form pursuant to

subsection (6)(a). However, if the retrofits are not completed and

the reimbursement request form is not submitted to the department

within the 120-day period as required by subsection (6)(b), the

department may reduce the amount of the rebate or take such other

action as provided for by rule.

(8) To the extent of available funds allocated to the rebate

program, the department shall pay the owner or vendor the rebate

within 60 days of receipt of a timely, complete, and accurate

reimbursement form.

(9) Owners of eligible vehicles for which rebates are paid

shall do all of the following:

(a) Meet the requirements of section 6913(7).

(b) Fuel the vehicle with ultra-low sulfur diesel fuel.

manufacturer specifications.

(10) The retrofit vendor to eligible vehicles for which

rebates are provided shall honor all warranty provisions according

to their verification.

(11) A person who receives a rebate and fails to meet all the

requirements of this section shall be ordered to pay a civil fine

to the department in the full amount of the rebate, plus interest

at the rate determined under section 23 of 1941 PA 122, MCL 205.23.

The fine and interest shall be deposited in the fund.

Sec. 6915. (1) An emission reduction measure funded under the

funding program may not be used for credit under any state or

federal emissions reduction credit averaging, banking, or trading

program. An emissions reduction generated by an emission reduction

measure funded under the funding program shall not be used as a

marketable emissions reduction credit or to offset any emissions

reduction obligation but may be used to demonstrate conformity with

the state implementation plan. An emission reduction measure

involving a new measure that would otherwise generate marketable

credits under state or federal emissions reduction credit

averaging, banking, or trading programs is not eligible for funding

under the funding program established under this section unless

both of the following apply:

(a) The measure includes the transfer of the reductions that

would otherwise be marketable credits to the state implementation

plan.

(b) The reductions are permanently retired.

(2) As part of the biennial report required under section

6918, the department shall include a report on the funding program.

The report shall include all of the following:

(a) A review of each emission reduction measure funded under

any grant program, the amount granted for the emission reduction

measure, the emissions reductions attributable to the measure, and

the cost-effectiveness of the measure.

(b) A review of any rebate program, including the total

rebates paid, the total retrofits installed, and the aggregate

emission reductions attributable to those retrofits.

implementation activities.

(d) An accounting for money received, money disbursed as

grants, money reserved for grants based on project approvals, money

disbursed as rebates, and any recommended transfer of money between

allocations.

(e) An estimate future demand for grant and rebate funds under

the funding program.

(f) A description of the overall effectiveness of the funding

program in achieving PM emissions reductions and other emission

reductions as co-benefits.

(g) An evaluation of the effectiveness of the funding program

in soliciting and evaluating project applications, providing awards

in a timely manner, and monitoring project implementation.

(h) A description of changes made to project selection

criteria and recommendations for any further needed changes to the

grant program, including changes in grant award criteria,

administrative procedures, or statutory provisions that would

enhance the funding program's effectiveness and efficiency.

(i) A description of any adjustments made to the maximum cost-

effectiveness amount and award amount.

(j) An evaluation of the benefits of addressing additional

pollutants as part of the funding program.

(k) An inclusion of legislative recommendations necessary to

improve the effectiveness of the funding program.

Sec. 6916. (1) A medium-duty or heavy-duty diesel vehicle

shall not exceed the following percentage smoke opacity when tested

in accordance with this section unless its engine is exempted under

subsection (2):

(a) Before 1990, 40%.

(b) From 1990 to 1996, 30%.

(2) The department shall exempt from the requirements of

subsection (1)(a), (b), or (c), as applicable, any engine family

that is shown by the engine manufacturer and found by the

department to exhibit smoke opacity greater than the limits in

subsection (1)(a), (b), or (c), as applicable, when in good

operating condition and adjusted to the manufacturer's

specifications. Such an engine family shall comply with any

technologically appropriate, less stringent opacity standard

identified by the department based on a review of the data obtained

from engines in good operating conditions and adjusted to the

manufacturer's specifications. A manufacturer seeking an exemption

under this subsection shall provide the department with the engine

emissions data needed to exempt the engine family and determine

technologically appropriate, less stringent opacity standards.

(3) Within 1 year and 120 days after the effective date of the

amendatory act that added this section, the department, in

consultation with MDOT and the department of state police, shall

promulgate rules under section 6920 requiring owners or operators

of medium-duty and heavy-duty diesel vehicles to submit to regular

inspections of their vehicles for smoke opacity levels and shall

create and implement a program of random road opacity inspections

of medium-duty and heavy-duty diesel vehicles operating on highways

of this state. The rules shall specify at least all of the

following:

(a) Inspection procedures for both periodic and random

roadside inspections. Smoke opacity shall be determined in

accordance with SAE J1667 or another equally effective and reliable

method adopted by the department.

(b) Periodic inspection frequency, which shall be at least

annual.

any exceedances of the opacity standards in subsection (1).

(4) A medium-duty or heavy-duty diesel vehicle shall not be

operated with tampered, nonconforming, or defective emission

control components. Within 1 year of the effective date of the

amendatory act that added this section, the department, in

consultation with MDOT, shall promulgate rules under section 6920

to create and implement a program of inspection of medium-duty and

heavy-duty diesel vehicles to determine whether emission control

components are tampered, nonconforming, or defective. The rules

shall specify at least all of the following:

(a) Inspection procedure.

(b) Periodic inspection frequency, which shall be at least

annual.

any defective, nonconforming, or tampered emission control

components.

(5) The following sanctions apply to violations of this

section or rules promulgated to implement this section:

(a) The owner of a medium-duty or heavy-duty diesel vehicle

that is cited for the first time for failing an opacity test or for

tampered, nonconforming, or defective emission control components

is responsible for a state civil infraction and shall be ordered to

pay a civil fine of $750.00. However, if the owner corrects the

violation and pays the fine within 45 days of receipt of the

citation, the fine shall be reduced to $250.00.

(b) The owner of a medium-duty or heavy-duty diesel vehicle

that is cited for a second or subsequent time following expiration

of the 45-day compliance period set forth in subdivision (a) and

within a 12-month period of the original citation for failing an

opacity test or for tampered, nonconforming, or defective emission

control components for the same vehicle is responsible for a state

civil infraction and shall be ordered to pay a civil fine of

$1,500.00 and shall correct the failure within 45 days of the

receipt of the citation.

that fails to have a required opacity or emissions control

inspection is responsible for a state civil infraction and shall be

ordered to pay a civil fine of $750.00 for a first violation and

$1,750.00 for a second or subsequent violation.

(6) Proceeds of fines paid pursuant to this section shall be

deposited in the fund. However, 1/2 of the proceeds of fines

collected as a result of a random opacity inspection under rules

described in subsection (3) shall be forwarded as follows:

(a) If the law enforcement officer issuing the civil

infraction citation is employed by this state, to the state

treasurer for deposit in the general fund.

(b) If the law enforcement officer is employed by a political

subdivision, to the treasurer of that political subdivision for

deposit in its general fund.

(7) The owner of a medium-duty or heavy-duty diesel vehicle

inspected under rules described in subsection (3) or (4) shall pay

the department a $40.00 fee for the inspection. The department

shall deposit inspection fees in the fund.

Sec. 6917. (1) The department shall conduct a study of

inventories of diesel motor vehicles and diesel nonroad vehicles in

this state, in consultation with MDOT, SOS, USEPA, and other state

and federal agencies as the department considers appropriate. The

study shall include, but not be limited to, surveys of diesel motor

vehicle and diesel nonroad vehicle owners. The department shall

complete the study and report the results, along with any

recommendations resulting from that inventory, as part of the

December 1, 2015 report required by section 6918. The department

shall provide updated information regarding the diesel inventory in

subsequent biennial reports required by section 6918.

(2) The secretary of state shall, in consultation with the

department, review the information obtained through the

registration of diesel motor vehicles. After such review, and no

later than 1 year after the effective date of the amendatory act

that added this section, SOS shall require such additional

information upon the registration of a diesel motor vehicle that is

appropriate to support a reliable and complete inventory of diesel

motor vehicles in this state. The information shall include, but

not be limited to, the type of fuel for which the vehicle is

designed, the gross vehicle weight rating, the engine class,

including whether the engine is electronically controlled, the use

for which the vehicle is designed, and any installed emission

controls. SOS shall, in consultation with the department, provide

such information to the department in a form that will support a

reliable and complete inventory of diesel motor vehicles in this

state.

(3) Within 1 year after the effective date of the amendatory

act that added this section, SOS, in consultation with MDOT and the

department, shall promulgate rules pursuant to the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to

develop a program for registration of diesel nonroad vehicles,

locomotives, and diesel marine vessels and shall implement the

program beginning 180 days after the rule promulgation deadline.

The program shall be designed, among other things, to support a

reliable and complete inventory of diesel nonroad vehicles in this

state.

Sec. 6918. (1) Not later than December 1, 2015, and every odd-

numbered year thereafter, the department shall submit to the

legislature, make available to the public, and post on the

department website a report of the implementation of the provisions

of this act, including, but not limited to, all of the following:

(a) A description of activities of the department and other

state agencies to implement this part.

(b) An estimate of resulting diesel emission reductions and

other appropriate measures of progress.

opportunities for additional reductions in diesel emissions, and

recommendations for any statutory changes.

(d) The review of the funding program as required in section

6915(2) and information regarding the diesel inventory as required

in section 6917(1).

(2) Before preparing a final biennial report, the department

shall prepare a draft biennial report and provide written notice

and opportunity for a public hearing and comment on the draft

biennial report. In producing a final biennial report, the

department shall consider and respond to all significant comments

received. The department shall make the final biennial report

available to the public and shall post the report on its website.

Sec. 6919. (1) Persons subject to this part, including owners

and operators of diesel motor vehicles, diesel nonroad vehicles,

locomotives, and diesel marine vessels, shall provide such

information, reporting, and monitoring as the department may

require by rule for the purpose of implementing this part.

(2) In addition to other remedies provided in this part, the

department may seek injunctive relief in any court of competent

jurisdiction to enforce any provision of this part.

Sec. 6920. Within 1 year after the effective date of the

amendatory act that added this section, the department shall

promulgate rules to implement this part pursuant to the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

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Bill Text: MI HB4899 | 2011-2012 | 96th Legislature | Introduced

Michigan House Bill 4899 (Prior Session Legislation)

HOUSE BILL No. 4899

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