House Bill 0819e2

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                                CS/HBs 819 & 473, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to motor vehicle emissions;

  3         amending s. 316.008, F.S.; to provide

  4         enforcement vehicle emissions violations;

  5         amending s. 325.202, F.S.; revising

  6         definitions; amending s. 320.055, F.S.;

  7         revising a cross reference to conform; amending

  8         s. 325.203, F.S.; exempting certain new motor

  9         vehicles from inspection requirements;

10         providing for termination of program under

11         certain circumstances; creating s. 325.205,

12         F.S.; conforming the state implementation plan;

13         amending s. 325.207, F.S.; providing for a new

14         contract term with annual renewals; eliminating

15         liquidated damages; revising provisions

16         relating to the termination of motor vehicle

17         emissions contracts; providing for contracts in

18         each program area; amending s. 325.2135, F.S.;

19         revising procedures to be included in motor

20         vehicle emissions contracts; reducing maximum

21         fee for inspection; expanding inspection

22         testing; creating s. 325.2175, F.S.; providing

23         for testing the accuracy of inspection

24         equipment; providing an effective date.

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26  Be It Enacted by the Legislature of the State of Florida:

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28         Section 1.  Subsection (7) of section 316.008, Florida

29  Statutes, is added to read:

30         316.008  Powers of local authorities.--

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                                CS/HBs 819 & 473, Second Engrossed



  1         (7)  A county or municipality may enact an ordinance

  2  providing for the violation of vehicle emissions standards as

  3  determined by a mobile or hand-held unit, as defined in s.

  4  325.202.  The ordinance shall provide for a warning to repair

  5  the vehicle in accordance with emissions standards, and to

  6  retest the vehicle within 90 days or be subject to the

  7  nonrenewal of the vehicle registration.

  8         Section 2.  Section 325.202, Florida Statutes, is

  9  amended to read:

10         325.202  Definitions.--As used in this act, the term:

11         (1)  "Air pollution control equipment" means any

12  equipment or feature installed by the manufacturer or replaced

13  with a device or system equivalent in design and function to

14  the part that was originally installed on the motor vehicle

15  which constitutes an operational element of the air pollution

16  control system or mechanism of a motor vehicle.

17         (2)  "Contractor" means any person, corporation, or

18  partnership with whom the department may enter into a contract

19  for the purchase, lease, design, construction, equipment,

20  maintenance, personnel, management, and operation of an

21  inspection station.

22         (3)  "Dealer certificate" means an inspection

23  certificate issued to a motor vehicle dealer, motor vehicle

24  broker as defined in s. 320.27, mobile home dealer as defined

25  in s. 320.77, or recreational vehicle dealer as defined in s.

26  320.771, indicating that a motor vehicle has passed an

27  emissions inspection, which grants the dealer or broker 12

28  months in which to sell at retail the identified motor vehicle

29  owned by the dealer or broker.

30         (4)  "Department" means the Department of Highway

31  Safety and Motor Vehicles.


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                                CS/HBs 819 & 473, Second Engrossed



  1         (5)  "Federal act" means the federal Clean Air Act, as

  2  amended, and regulations issued by the United States

  3  Environmental Protection Agency under that act.

  4         (6)  "Inspection" means the determination of the level

  5  of exhaust emissions of a motor vehicle and of the existence

  6  of tampering.

  7         (7)  "Inspection certificate" means a serially numbered

  8  form issued by an inspection station, reinspection facility,

  9  or self-inspector indicating that the identified motor vehicle

10  has been inspected and passed inspection.

11         (8)  "Inspection station" means a facility, other than

12  a self-inspection facility, situated in a permanent structure

13  or a mobile unit, for the purpose of conducting emissions

14  inspections of motor vehicles as required by this act. Mobile

15  or hand-held units may substitute permanent structures, for

16  the purpose of conducting emissions inspections of motor

17  vehicles as required by this act and violations of emissions

18  standards as determined by mobile or hand-held units are

19  enforceable under s. 316.008.

20         (9)  "Motor vehicle" means any self-propelled vehicle

21  required to be registered under s. 320.02.

22         (10)  "Nonattainment area" means an area which has been

23  designated by the administrator of the United States

24  Environmental Protection Agency (EPA), pursuant to the federal

25  act, as exceeding national primary or secondary ambient air

26  quality standards for the pollutants carbon monoxide or ozone.

27         (10)(11)  "Program area" means Hillsborough and

28  Pinellas Counties, so long as the Department of Highway Safety

29  and Motor Vehicles has a vendor under state contract to

30  operate a motor vehicle inspection program in these counties.

31  Additionally, "program area" includes counties that


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                                CS/HBs 819 & 473, Second Engrossed



  1  voluntarily request inclusion under the provision of s.

  2  325.204 designated by the Department of Environmental

  3  Protection as air-quality nonattainment areas in accordance

  4  with this act, counties which voluntarily request inclusion

  5  pursuant to the provisions of s. 325.204, and counties

  6  previously designated as nonattainment areas that are

  7  operating under a United States

  8  Environmental-Protection-Agency-approved maintenance plan.

  9         (11)(12)  "Reinspection facility" means any motor

10  vehicle repair shop as defined in s. 559.903(7) which has been

11  licensed by the department pursuant to the provisions of s.

12  325.212.

13         (12)(13)  "Self-inspector" means any person or

14  governmental entity that owns or leases at least 25 motor

15  vehicles, including vehicles held for resale by a motor

16  vehicle dealer licensed under chapter 320, and is licensed by

17  the department to inspect such vehicles.

18         (13)(14)  "Tamper" means to dismantle, remove, or

19  render ineffective any air pollution control equipment which

20  has been installed on a motor vehicle by the vehicle

21  manufacturer except to replace such device or system with a

22  device or system equivalent in design and function to the part

23  that was originally installed on the motor vehicle.

24         (14)(15)  "Short-term rental vehicle" means a motor

25  vehicle leased without a driver and under a written agreement

26  to one or more persons from time to time for a period of less

27  than 3 months.

28         Section 3.  Subsection (4) of section 320.055, Florida

29  Statutes, is amended to read:

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                                CS/HBs 819 & 473, Second Engrossed



  1         320.055  Registration periods; renewal periods.--The

  2  following registration periods and renewal periods are

  3  established:

  4         (4)  For a vehicle subject to registration under s.

  5  320.08(13), for vehicles subject to registration under s.

  6  320.08(6)(a) that are short-term rental vehicles, as defined

  7  in s. 325.202(14)(15), and for any vehicle for which a

  8  registration period is not otherwise specified, the

  9  registration period begins June 1 and ends May 31. For a

10  vehicle subject to this registration period, the renewal

11  period is the 30-day period beginning June 1.

12         Section 4.  Paragraphs (k) and (l) of subsection (4) of

13  section 325.203, Florida Statutes, are amended and subsection

14  (9) is added to said section to read:

15         325.203  Motor vehicles subject to annual inspection;

16  exemptions.--

17         (4)  The following motor vehicles are not subject to

18  inspection:

19         (k)  New motor vehicles, as defined in s. 319.001(4).

20  Such vehicles are exempt from the inspection requirements of

21  this act. at the time of the first registration by the

22  original owner and, thereafter, are subject to the inspection

23  requirements of this act. Beginning May 1, 2000, such vehicles

24  are exempt from those inspection requirements for a period of

25  2 years from the date of purchase.

26         (l)  New motor vehicles as defined in s. 319.001(4)

27  which are utilized as short-term rental vehicles and licensed

28  under s. 320.08(6)(a). Such vehicles are exempt from the

29  inspection requirements. of this act at the time of the first

30  registration. Said vehicles are also exempt from the

31  inspection requirements of this act at the time of the first


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                                CS/HBs 819 & 473, Second Engrossed



  1  registration renewal by the original owner, provided this

  2  renewal occurs prior to the expiration of 12 months from the

  3  date of first registration of the motor vehicle. Beginning May

  4  1, 2000, such vehicles are exempt from those inspection

  5  requirements for a period of 2 years from the date of

  6  purchase.

  7         (9)  Should the Department of Environmental Protection

  8  determine that levels of nitrogen oxide emitted from

  9  stationary sources be of a level to offset the gains achieved

10  or anticipated to be achieved by the motor vehicle inspection

11  program such program shall be subject to termination pursuant

12  to the contract and this act.  This provision shall not be

13  used to mandate or permit additional regulatory authority for

14  the department concerning stationary sources.

15         Section 5.  Section 325.205, Florida Statutes, is

16  created to read:

17         325.205  State implementation plan.--

18           The Department of Environmental Protection shall seek

19  the necessary approval by January 1, 2001, to amend the state

20  implementation plan to reflect the current motor vehicle

21  inspection plan and any air quality improvements which offset

22  the motor vehicle inspection program reductions in accordance

23  with the Clean Air Act.  Once approval is received from the

24  United States Environmental Protection Agency then the

25  department shall seek an expedited amendatory process to amend

26  the plan.

27         Section 6.  Subsections (8) and (11) of section

28  325.207, Florida Statutes, are amended to read:

29         325.207  Inspection stations; department contracts;

30  inspection requirements; recordkeeping.--

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                                CS/HBs 819 & 473, Second Engrossed



  1         (8)  Any contract authorized under this section shall

  2  contain:

  3         (a)  A contract term of 1 year not less than 5 years of

  4  actual test operations with annual renewals thereafter subject

  5  to the concurrence of the Department of Highway Safety and

  6  Motor Vehicles and the Department of Environmental Protection.

  7         (b)  A clause stating that nothing in the contract

  8  requires the state to purchase any asset or assume any

  9  liability if such contract is not renewed.

10         (c)  Minimum requirements for adequate staff,

11  equipment, management, and operating hours which may include

12  evening or weekend hours or both.

13         (d)  Provisions for surveillance by the department of

14  the contractor to ensure compliance with emissions test

15  standards and applicable procedures, rules, regulations, and

16  laws.

17         (e)  Provision for the state, upon default of the

18  contractor, to terminate the contract with the contractor and

19  assume operation of the motor vehicle emissions inspection

20  station.

21         (f)  Provision for the state, upon termination of the

22  term of the contract or upon assumption of the operation of

23  the program pursuant to paragraph (e), to have transferred or

24  assigned to it, for reasonable compensation, any interest in

25  land, buildings, improvements, services, and equipment used by

26  the contractor in the operation of an inspection station.

27         (g)  Provision for the state, upon termination of the

28  term of the contract or upon assumption of the operation of

29  the program, to have transferred and assigned to it, for

30  reasonable compensation, any contract rights and related

31  obligations for land, buildings, improvements, and equipment


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                                CS/HBs 819 & 473, Second Engrossed



  1  used by the contractor in the operation of the inspection

  2  station.

  3         (h)  A requirement that the contractor, in any

  4  agreement executed by him or her for land, buildings,

  5  improvements, and equipment used in the operation of the

  6  inspection stations, reserve the right to assign to the state

  7  any of his or her rights and obligations under such contract.

  8         (i)  No damages of any type, including liquidated

  9  damages, shall be A procedure for determining the damages

10  payable by the state to the contractor if the Legislature

11  abolishes the inspection program at any time prior to the

12  conclusion of the contract term.  This procedure must specify

13  that the contractor and the department have 120 days from the

14  effective date of the termination of the program to negotiate

15  an amount to be paid to the contractor as reasonable

16  compensation for its loss resulting from the termination of

17  the contract due to the termination of the program.  If the

18  contractor and the department are not able to agree to an

19  amount by the end of the 120-day period, the department shall

20  determine the amount of reasonable compensation and notify the

21  contractor in writing of its determination within 14 days of

22  the end of the negotiation period and shall offer the

23  contractor a point of entry to a proceeding under ss. 120.569

24  and 120.57 pursuant to the department's rules of procedure.

25  This provision must specify that payment of such compensation

26  to the contractor is subject to appropriation of funds for

27  this purpose by the Legislature and that the department agrees

28  in good faith to request the Legislature to appropriate the

29  funds to pay such reasonable compensation.  The damages

30  recoverable by the contractor if the Legislature abolishes the

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                                CS/HBs 819 & 473, Second Engrossed



  1  program shall be limited to the funds appropriated by the

  2  Legislature pursuant to this section.

  3         (j)  Any other provision, including periodic audits of

  4  inspection fees collected, deemed necessary by the department

  5  for the administration or enforcement of the emissions

  6  inspection contract.

  7         (k)  A provision requiring compliance with minority

  8  business enterprise procurement goals set forth in s. 287.0945

  9  in contracts for the construction of inspection stations and

10  for document printing costs and costs associated with the

11  maintenance, repair, reconstruction, renovation, and expansion

12  of inspection stations. Each contractor shall submit to the

13  department no later than March 1 of each year an affidavit

14  certifying compliance with the provisions of this paragraph.

15         (l)  A provision requiring a performance bond of $1

16  million, which the department may, after the second year of

17  inspection operations under the contract, elect to waive

18  entirely, reduce in amount, or waive in exchange for another

19  appropriate means of security in a like or reduced amount.

20         (m)  A provision requiring that the contractor

21  determine, for each county in the program area, the

22  availability of county facilities formerly used for the

23  inspection of motor vehicles and that the contractor explore

24  with appropriate county officials the feasibility of the

25  contractor's acquisition or lease of such facilities, if any,

26  for use as inspection stations.

27         (n)  A provision authorizing the department to amend

28  the contract if the Legislature enacts legislation that

29  changes the number of motor vehicle model years that are

30  subject to inspection requirements.

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                                CS/HBs 819 & 473, Second Engrossed



  1         (o)  A provision authorizing the contract to be amended

  2  or canceled by the department upon statewide implementation of

  3  clean fuel requirements promulgated by the United States

  4  Environmental Protection Agency.

  5         (11)  Before accepting proposals, the department shall

  6  divide the state into three or more contract zones. The

  7  department shall contract with a private contractor for the

  8  exclusive right to conduct vehicle inspections in each program

  9  area zone. However, any contractor may bid on more than one

10  zone, and the department may contract with a contractor to

11  conduct vehicle inspections in more than one contract zone.

12         Section 7.  Section 325.2135, Florida Statutes, is

13  amended to read:

14         325.2135  Motor vehicle emissions inspection program;

15  contracts; fees.--The department may extend the current

16  emissions inspection program contracts for a period of time

17  sufficient to implement new contracts resulting from

18  competitive proposals, and shall enter into and implement one

19  contract or more contracts by June 30, 2000, for a biennial

20  inspection program for vehicles, except the current model year

21  and the six two prior model years, using an expanded

22  inspection test the basic test for hydrocarbon emissions and

23  carbon monoxide emissions and oxides of nitrogen.  The

24  requirements for the program included in the contract

25  proposals must be based on the requirements under this chapter

26  unless those requirements conflict with this section. No

27  contract entered into under this subsection may be for longer

28  than 1 year, with annual renewals thereafter, in acordance

29  with the provisions of s. 325.207(8)(a) 7 years. Any contract

30  authorized under this section must contain a provision that,

31  after 4 years, the department reserves the right to cancel the


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                                CS/HBs 819 & 473, Second Engrossed



  1  contract upon 6 months' notice to the contractor.

  2  Notwithstanding the provisions of s. 325.214, the fee for

  3  motor vehicle inspection proposed by the Department of Highway

  4  Safety and Motor Vehicles may not exceed $8 $19 per

  5  inspection.

  6         Section 8.  Section 325.2175, Florida Statutes, is

  7  created to read:

  8         325.2175  Inspection equipment--

  9         Any air monitoring device utilized by the Department of

10  Environmental Protection in determining ambient air quality in

11  program areas and that registers levels indicating

12  nonattainment with federal air quality standards shall be

13  tested to determine the accuracy of such data and recalibrated

14  as necessary.

15         Section 9.  This act shall take effect July 1, 2000.

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