Bill Text: OR HB2412 | 2013 | Regular Session | Introduced

Oregon House Bill 2412 (Prior Session Legislation)

Bill Title: Relating to motor vehicle pollution control system inspection program; declaring an emergency.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2412 Detail]

Download: Oregon-2013-HB2412-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 880

                         House Bill 2412

Sponsored by Representative CAMERON; Representatives BERGER,
  FREEMAN, GILLIAM, Senator WINTERS (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires Environmental Quality Commission to contract with unit
of local government or private individual, partnership or
corporation to implement motor vehicle pollution control system
inspection program.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to motor vehicle pollution control system inspection
  program; creating new provisions; amending ORS 468A.365 and
  468A.370; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 468A.370 is amended to read:
  468A.370. The Environmental Quality Commission shall determine
the most cost-effective method of conducting a motor vehicle
pollution control system inspection program as required by ORS
468A.365.   { - Upon finding that savings to the public and
increased efficiency would result and the quality of the program
would be adequately maintained, - }  The commission   { - may - }
 { + shall + } contract with a unit of local government or with a
private individual, partnership or corporation authorized to do
business in the State of Oregon, for the performance of tests
 { - or - }   { + and + } other services associated with
conducting a motor vehicle pollution control system inspection
program.
  SECTION 2. ORS 468A.365 is amended to read:
  468A.365. The Environmental Quality Commission shall:
  (1) Determine and adopt by rule criteria for certification of
motor vehicle pollution control systems. In determining the
criteria the commission shall consider the following:
  (a) The experience of any other state or the federal
government;
  (b) The cost of the system and of its installation;
  (c) The durability of the system;
  (d) The ease of determining whether the system, when installed
on a motor vehicle, is functioning properly; and
  (e) Any other factors which, in the opinion of the commission,
render such a system suitable for the control of motor vehicle
air pollution or for the protection of the health, safety and
welfare of the public.

  (2) Prescribe by rule the manner in which a motor vehicle
pollution control system shall be tested for certification. The
rules may prescribe a more rigorous inspection procedure in the
areas designated under ORS 815.300 (2)(a), including any
expansion of such boundary under ORS 815.300 (2)(b), in order to
reduce air pollution emissions in those areas of the state. No
such rule shall require testing for certification more often than
once during the period for which registration or renewal of
registration for a motor vehicle is issued. No rule shall require
testing for certification of a motor vehicle that is exempted
from the requirement for certification under ORS 815.300.
  (3) Issue certificates of approval for classes of motor vehicle
pollution control systems which, after being tested by the
commission or by a method acceptable to the commission, the
commission finds meet the criteria adopted under subsection (1)
of this section.
  (4) Designate by rule classifications of motor vehicles for
which certified systems are available.
  (5) Revoke, suspend or restrict a certificate of approval
previously issued upon a determination that the system no longer
meets the criteria adopted under subsection (1) of this section
pursuant to procedures for a contested case under ORS chapter
183.
  (6) Designate suitable methods and standards for testing
systems and inspecting motor vehicles to determine and insure
compliance with the standards and criteria established by the
commission.
  (7)   { - Except as provided in ORS 468A.370, - }  Contract for
the use of or the performance of tests   { - or - }   { + and + }
other services within or without the state.
  SECTION 3.  { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 468A.365 and 468A.370 by
sections 1 and 2 of this 2013 Act become operative on January 1,
2014.
  (2) The Environmental Quality Commission may adopt rules or
take any other action before the operative date specified in
subsection (1) of this section that is necessary to implement, on
or after the operative date specified in subsection (1) of this
section, the amendments to ORS 468A.365 and 468A.370 by sections
1 and 2 of this 2013 Act. + }
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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