H. B. 3033
(By Delegates Fleischauer, Barker, Talbott,
Canterbury, Longstreth, Fragale,
Wells, Lawrence and Perdue)
[Introduced March 10, 2009; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend and reenact §22-5-15 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
article, designated §22-5A-1, §22-5A-2 and §22-5A-3, all
relating to the strengthening of vehicle emission standards.
Be it enacted by the Legislature of West Virginia:
That §22-5-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new article, designated §22-5A-1, §22-5A-2 and §22-5A-3,
all to read as follows:
ARTICLE 5. AIR POLLUTION CONTROL.
§22-5-15. Motor vehicle pollution, inspection and maintenance.
(a) As the state of knowledge and technology relating to the
control of emissions from motor vehicles may permit or make
appropriate and in furtherance of the purposes of this article, the
director may provide by legislative rule for the control of
emissions from motor vehicles. The legislative rule may prescribe requirements for the installation and use of equipment designed to
reduce or eliminate emissions and for the proper maintenance of
such equipment and of vehicles. Any legislative rule pursuant to
this section shall be consistent with provisions of federal law, if
any, relating to control of emissions from the vehicles concerned.
The director shall not require, as a condition precedent to the
initial sale of a vehicle or vehicular equipment, the inspection,
certification or other approval of any feature or equipment
designed for the control of emissions from motor vehicles, if such
feature or equipment has been certified, approved or otherwise
authorized pursuant to federal law.
(b) Except as permitted or authorized by law or legislative
rule, no person shall fail to maintain in good working order or
remove, dismantle or otherwise cause to be inoperative any
equipment or feature constituting an operational element of the air
pollution control system or mechanism of a motor vehicle required
by rules of the director to be maintained in or on the vehicle.
Any such failure to maintain in good working order or removal,
dismantling or causing of inoperability subjects the owner or
operator to suspension or cancellation of the registration for the
vehicle by the Department of Transportation, Division of Motor
Vehicles. The vehicle is not thereafter eligible for registration
until all parts and equipment constituting operational elements of
the motor vehicle have been restored, replaced or repaired and are in good working order.
(c) The Department of Transportation, Division of Motor
Vehicles, Department of Administration, information and
communication services division and the State Police shall make
available technical information and records to the director to
implement the legislative rule regarding motor vehicle pollution,
inspection and maintenance. The director may promulgate a
legislative rule establishing motor vehicle pollution, inspection
and maintenance standards and imposing an inspection fee at a rate
sufficient to implement the motor vehicle inspection program and
shall do so when required pursuant to federal law regarding
attainment of ambient air quality standards.
(d) The director may promulgate a legislative rule requiring
maintenance of features of equipment in or on motor vehicles for
the purpose of controlling emissions therefrom and shall do so when
required pursuant to federal law regarding attainment of ambient
air quality standards, and no motor vehicle may be issued a
Division of Motor Vehicles registration certificate, or the
existing registration certificate shall be revoked, unless the
motor vehicle has been found to be in compliance with the
director's legislative rule.
(e) The remedies and penalties provided in this section and
section one, article three, chapter seventeen-a of this code, apply
to violations hereof and the provisions of sections six or seven of this article do not apply thereto.
(f) As used in this section "motor vehicle" has the same
meaning as in chapter seventeen-c of this code.
ARTICLE 5A. GLOBAL WARMING.
§22-5A-1. Short title.
This article shall be known as the "Low Emission Vehicle Act."
§22-5A-2. Findings and purpose.
(a) The Legislature finds:
(1) Air pollution from cars and trucks is dangerous to the
health of West Virginia residents;
(2) Motor vehicles are a major source of pollution in West
Virginia and contribute to greenhouse gasses that cause worldwide
climate change; and
(3) Technology can significantly reduce dangerous emissions
from motor vehicles.
(b) This law is enacted to protect the health and safety for
West Virginia residents.
§22-5A-3. Low emission vehicles.
(a) The Department of Environmental Protection shall implement
Phase II of the California Low Emission Vehicle Program in this
state beginning in the 2012 automobile model year. "Phase II of
the California Low Emission Vehicle Program" means the second phase
of the low emission vehicle program implemented in California,
pursuant to the requirements of the Federal Clean Air Act, 42 U.S.C. 7401 through 7432.
(b) The Department of Environmental Protection is to
promulgate such regulations as are necessary to implement this
NOTE: The purpose of this bill is to give the Director of the
Department of Environmental Protection the authority to promulgate
new vehicle emission standards.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would