Bill Text: OH HB178 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To provide authority for the implementation of a decentralized motor vehicle inspection and maintenance program through June 30, 2017.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2011-03-29 - To Transportation, Public Safety & Homeland Security [HB178 Detail]

Download: Ohio-2011-HB178-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 178

Representative Young 

Cosponsors: Representatives Martin, Huffman, Adams, J., McGregor, Schuring 

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A BILL

To amend section 3704.14 of the Revised Code to

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provide authority for the implementation of a

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decentralized motor vehicle inspection and

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maintenance program through June 30, 2017.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3704.14 of the Revised Code be	5
amended to read as follows:	6

Sec. 3704.14. (A)(1) If the director of environmental	7
protection determines that implementation of a motor vehicle	8
inspection and maintenance program is necessary for the state to	9
effectively comply with the federal Clean Air Act after June 30,	10
20092011, the director may provide for the implementation of the	11
program in those counties in this state in which such a program is	12
federally mandatedthe seven counties in which the program is	13
operating on the effective date of this amendment. Upon making	14
such a determination, the director of environmental protection may	15
request the director of administrative services to extend the	16
terms of the contract that was entered into under the authority of	17
Section 7 of Am. Sub. H.B. 241 of the 127th128th general	18
assembly. Upon receiving the request, the director of	19
administrative services shall extend the contract, beginning on	20
July 1, 20092011, in accordance with this section. The contract	21
shall be extended for a period of up to sixtwelve months with the	22
contractor who conducted the motor vehicle inspection and	23
maintenance program under that contract.	24

(2) Prior to the expiration of the contract extension that is	25
authorized by division (A)(1) of this section, the director of	26
environmental protection may request the director of	27
administrative services to enter into a contract with a vendor to	28
operate a decentralized motor vehicle inspection and maintenance	29
program in each county in this state in which such a program is	30
federally mandated through June 30, 20112015, with an option for	31
the state to renew the contract through June 30, 20122017. The	32
contract shall ensure that the decentralized motor vehicle	33
inspection and maintenance program achieves at least the same	34
substantially similar ozone precursor reductions as achieved by	35
the program operated under the authority of the contract that was	36
extended under division (A)(1) of this section. The director of	37
administrative services shall select a vendor through a	38
competitive selection process in compliance with Chapter 125. of	39
the Revised Code.	40

(3) Notwithstanding any law to the contrary, the director of	41
administrative services shall ensure that a competitive selection	42
process regarding a contract to operate a decentralized motor	43
vehicle inspection and maintenance program in this state	44
incorporates the following elements, which shall be included in	45
the contract:	46

(a) AFor purposes of expanding the number of testing	47
locations for consumer convenience and increased local business	48
participation, a requirement that the vendor selected to operate	49
the program provide notification of the program's requirements to	50
each owner of a motor vehicle that is required to be inspected	51
under the program. The contract shall require the notification to	52
be provided not later than sixty days prior to the date by which	53
the owner of the motor vehicle is required to have the motor	54
vehicle inspected. The director of environmental protection and	55
the vendor shall jointly agree on the content of the notice.	56
However, the notice shall include at a minimum the locations of	57
all inspection facilities within a specified distance of the	58
address that is listed on the owner's motor vehicle registration	59
utilize established local businesses by authorizing existing auto	60
repair facilities to operate as licensed inspection and waiver	61
testing facilities;	62

(b) A requirement that the tailpipe emissions analyzer	63
utilized for emissions testing be BAR-97 certified;	64

(c) A requirement that the contractor supply proven	65
technology for on-board diagnostic testing equipment to all	66
inspection facilities.	67

(4) A decentralized motor vehicle inspection and maintenance	68
program operated under this section shall comply with division (B)	69
of this section. The director of environmental protection shall	70
administer the decentralized motor vehicle inspection and	71
maintenance program operated under this section.	72

(B) The decentralized motor vehicle inspection and	73
maintenance program authorized by this section, at a minimum,	74
shall do all of the following:	75

(1) Comply with the federal Clean Air Act;

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(2) Provide for the issuance of inspection certificates;

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(3) Provide for a new car exemption for motor vehicles four	78
five years old or newer and provide that a new motor vehicle is	79
exempt for fourfive years regardless of whether legal title to	80
the motor vehicle is transferred during that period.	81

(C) A motor vehicle inspection and maintenance program shall	82
not be implemented in any county in which such a program is not	83
authorized under division (A) of this section without the approval	84
of the general assembly through the enactment of legislation.	85
Further, a motor vehicle inspection and maintenance program shall	86
not be implemented in any county beyond June 30, 20122017,	87
without the approval of the general assembly through the enactment	88
of legislation.	89

(D) The director of environmental protection shall adopt	90
rules in accordance with Chapter 119. of the Revised Code that the	91
director determines are necessary to implement this section. The	92
director may continue to implement and enforce rules pertaining to	93
the motor vehicle inspection and maintenance program previously	94
implemented under former section 3704.14 of the Revised Code as	95
that section existed prior to its repeal and reenactment by Am.	96
Sub. H.B. 66 of the 126th general assembly, provided that the	97
rules do not conflict with this section.	98

(E) There is hereby created in the state treasury the auto	99
emissions test fund, which shall consist of money received by the	100
director from any cash transfers, state and local grants, and	101
other contributions that are received for the purpose of funding	102
the program established under this section. The director of	103
environmental protection shall use money in the fund solely for	104
the implementation, supervision, administration, operation, and	105
enforcement of the motor vehicle inspection and maintenance	106
program established under this section. Money in the fund shall	107
not be used for either of the following:	108

(1) To pay for the inspection costs incurred by a motor	109
vehicle dealer so that the dealer may provide inspection	110
certificates to an individual purchasing a motor vehicle from the	111
dealer when that individual resides in a county that is subject to	112
the motor vehicle inspection and maintenance program;	113

(2) To provide payment for more than one free passing	114
emissions inspection or a total of three emissions inspections for	115
a motor vehicle in any three-hundred-sixty-five-day period. The	116
owner or lessee of a motor vehicle is responsible for inspection	117
fees that are related to emissions inspections beyond one free	118
passing emissions inspection or three total emissions inspections	119
in any three-hundred-sixty-five day period. Inspection fees that	120
are charged by a contractor conducting emissions inspections under	121
a motor vehicle inspection and maintenance program shall be	122
approved by the director of environmental protection.	123

(F) The motor vehicle inspection and maintenance program	124
established under this section expires upon the termination of all	125
contracts entered into under this section and shall not be	126
implemented beyond the final date on which termination occurs.	127

Section 2. That existing section 3704.14 of the Revised Code	128
is hereby repealed.	129