Motor Vehicle Emissions Inspection Facilities

The state contracts to conduct emissions testing. The act repeals the limits on how long the contracts may run and authorizes the division of administration in the department of public health and environment (division) to determine the length of each contract. Colorado law also authorizes a vehicle emissions inspection facility to charge a fee that is set by the air quality control commission (commission). The act authorizes the commission to adopt rules adjusting the fees, but the commission is limited to adjusting:

• The $15 maximum fee to $30 when a licensed inspection and readjustment station inspects vehicles model year 1981 and older; and
• The $25 maximum fee to $50 for a clean screen inspection performed on vehicles registered in the basic emissions program.

The commission may adopt rules requiring the emissions compliance of vehicles that have failed an emissions test and that are registered outside of the enhanced emissions program area but that operate within the program area.

The act requires the commission to adopt rules requiring inspections of motor vehicles that are registered in the nonattainment area and identified as having excess emissions under the clean screen program and are either within the 2-year vehicle inspection cycle or exempt from periodic inspection.

If a motor vehicle's emissions control system has been disconnected, deactivated, or rendered inoperable, the division may notify the executive director of the department of revenue.

Under Colorado law, fines and penalties assessed for violations of air quality laws are deposited in the community impact cash fund. The act creates a motor vehicle emissions assistance fund (fund) and diverts the first $1 million from the community impact cash fund to the new fund, but at the end of each state fiscal year, any unspent money in the fund exceeding $250,000 is returned to the community impact cash fund.

The division may expend money from the fund to provide grants for:

• Paying emissions inspection fees for motor vehicles registered to individuals participating in an established and recognized public assistance program; or
• Adjustments or emissions-related repairs that are necessary and sufficient to receive a certification of emissions compliance.

Qualification standards are set for the grants. The division may accept and expend gifts, grants, and donations. The money in the fund is continuously appropriated. To implement the act, $5,674 is transferred from the AIR account of the highway users tax fund to the Colorado DRIVES vehicle services account of the highway users tax fund.

The fine money is declared to be damages and exempt from the expenditure caps of the Taxpayer's Bill of Rights.

(Note: This summary applies to this bill as enacted.)