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        PRIOR PRINTER'S NOS. 1394, 1415               PRINTER'S NO. 1523

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1025 Session of 2005


        INTRODUCED BY MADIGAN, M. WHITE, BRIGHTBILL, STOUT, PICCOLA,
           PUNT, PILEGGI, LAVALLE, EARLL, THOMPSON, ORIE, WOZNIAK,
           SCARNATI, CORMAN, WAUGH, RHOADES, ROBBINS, LEMMOND, WENGER,
           KASUNIC AND ARMSTRONG, NOVEMBER 23, 2005

        AS AMENDED ON THIRD CONSIDERATION, FEBRUARY 14, 2006

                                     AN ACT

     1  Limiting the authority of the Environmental Quality Board over
     2     the Pennsylvania Clean Vehicles Program; ESTABLISHING THE      <--
     3     PENNSYLVANIA CLEAN VEHICLES PROGRAM; IMPOSING DUTIES AND
     4     RESPONSIBILITIES ON THE DEPARTMENT OF TRANSPORTATION AND THE
     5     DEPARTMENT OF ENVIRONMENTAL PROTECTION; and abrogating a
     6     regulation.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9  Section 1.  Short title.
    10     This act shall be known and may be cited as the Pennsylvania
    11  Clean Vehicles Program Act.
    12  Section 2.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "Board."  The Environmental Quality Board.
    17     "CA-LEV II."  THE CALIFORNIA LOW EMISSION VEHICLE PROGRAM,     <--
    18  TITLE 13, DIVISION 3, CHAPTERS 1 AND 2 OF THE CALIFORNIA CODE OF
    19  REGULATIONS.

     1     "Department."  The Department of Environmental Protection of
     2  the Commonwealth.
     3     "LIGHT-DUTY TRUCK."  A MOTOR VEHICLE, RATED AT 8,500 POUNDS    <--
     4  GROSS VEHICLE WEIGHT OR LESS WHICH IS DESIGNED PRIMARILY FOR
     5  PURPOSES OF TRANSPORTATION OF PROPERTY OR IS A DERIVATIVE OF
     6  SUCH A VEHICLE, OR IS AVAILABLE WITH SPECIAL FEATURES ENABLING
     7  OFF-STREET OR OFF-HIGHWAY OPERATION AND USE.
     8     "LIGHT-DUTY VEHICLE."  A PASSENGER CAR OR LIGHT-DUTY TRUCK.
     9     "PASSENGER CAR."  A MOTOR VEHICLE DESIGNED PRIMARILY FOR
    10  TRANSPORTATION OF PERSONS AND HAVING A DESIGN CAPACITY OF 12
    11  PERSONS OR FEWER.
    12  Section 3.  Establishment of vehicle standard.                    <--
    13     The Commonwealth hereby establishes a low emission vehicle
    14  program standard which is wholly consistent with the
    15  SECTION 3.  MANUFACTURERS AND PERSONS AFFECTED.                   <--
    16     THIS ACT SHALL APPLY TO ALL COVERED MOTOR VEHICLE
    17  MANUFACTURERS AS DEFINED IN 40 CFR 86.1702 (RELATING TO
    18  DEFINITIONS) AND TO ANY PERSON WHICH SEEKS TO SELL, LEASE, OFFER
    19  FOR SALE OR LEASE, IMPORT, DELIVER, PURCHASE, RENT, ACQUIRE,
    20  RECEIVE OR REGISTER A LIGHT-DUTY VEHICLE AFTER THE EFFECTIVE
    21  DATE OF THIS ACT.
    22  SECTION 4.  ESTABLISHMENT OF THE PENNSYLVANIA CLEAN VEHICLES
    23                 PROGRAM.
    24     (A)  ESTABLISHMENT OF PRIMARY VEHICLE STANDARD.--THE
    25  COMMONWEALTH HEREBY ESTABLISHES A LOW-EMISSION VEHICLE PROGRAM
    26  STANDARD WHICH IS CONSISTENT WITH THE STANDARDS ESTABLISHED BY
    27  THE CALIFORNIA AIR RESOURCE BOARD, KNOWN PUBLICLY AS CA-LEV II.
    28  IN ADOPTING THIS VEHICLE STANDARD THE ADOPTION OF THE ZERO
    29  EMISSIONS VEHICLE REQUIREMENT OR THE EMISSIONS CONTROL SYSTEM
    30  WARRANTY STATEMENT CONTAINED IN TITLE 13, CHAPTER 1, SECTION
    20050S1025B1523                  - 2 -     

     1  2039 OF THE CALIFORNIA CODE OF REGULATIONS OR TO ANY SPECIFIC
     2  REQUIREMENTS AS THEY PERTAIN TO FUEL REQUIREMENTS MANDATED IN
     3  THE STATE OF CALIFORNIA SHALL BE PROHIBITED.
     4     (B)  ESTABLISHMENT OF COMPLIANCE ALTERNATIVE.--MOTOR VEHICLE
     5  MANUFACTURERS MAY COMPLY WITH THE NEW VEHICLE EMISSION STANDARDS
     6  ESTABLISHED BY THE Environmental Protection Agency standard       <--
     7  entitled Control of Air Pollution From New Motor Vehicles: Tier
     8  2 Motor Vehicle Emissions Standards and Gasoline Sulfur Control
     9  Requirements and set forth at 40 CFR Pts. 80 (relating to
    10  regulation of fuels and fuel additives), 85 (relating to control
    11  of air pollution from mobile sources) and 86 (relating to
    12  control of emissions from new and in-use highway vehicles and     <--
    13  engines). NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES) AS AN      <--
    14  ALTERNATIVE TO COMPLYING WITH THE STANDARDS ESTABLISHED IN
    15  SUBSECTION (A).
    16     (C)  EXPIRATION.--UNLESS FURTHER AFFIRMATIVE ACTION IS TAKEN
    17  BY THE GENERAL ASSEMBLY, THIS SECTION SHALL EXPIRE DECEMBER 31,
    18  2014.
    19  SECTION 5.  EXEMPTIONS.
    20     (A)  GENERAL RULE.--THE FOLLOWING NEW MOTOR VEHICLES ARE
    21  EXEMPT FROM THE PENNSYLVANIA CLEAN VEHICLES PROGRAM REQUIREMENTS
    22  OF THIS ACT:
    23         (1)  AN EMERGENCY VEHICLE.
    24         (2)  A LIGHT-DUTY VEHICLE TRANSFERRED BY A DEALER TO
    25     ANOTHER DEALER FOR ULTIMATE SALE OUTSIDE OF THIS
    26     COMMONWEALTH.
    27         (3)  A LIGHT-DUTY VEHICLE TRANSFERRED FOR USE EXCLUSIVELY
    28     OFF HIGHWAY.
    29         (4)  A LIGHT-DUTY VEHICLE TRANSFERRED FOR REGISTRATION
    30     OUT OF STATE.
    20050S1025B1523                  - 3 -     

     1         (5)  A LIGHT-DUTY VEHICLE GRANTED A NATIONAL SECURITY OR
     2     TESTING EXEMPTION UNDER SECTION 203(B)(1) OF THE CLEAN AIR
     3     ACT (69 STAT. 322, 42 U.S.C. § 7522(B)(1)).
     4         (6)  A LIGHT-DUTY VEHICLE HELD FOR DAILY LEASE OR RENTAL
     5     TO THE GENERAL PUBLIC WHICH IS REGISTERED AND PRINCIPALLY
     6     OPERATED OUTSIDE THIS COMMONWEALTH.
     7         (7)  A LIGHT-DUTY VEHICLE ENGAGED IN INTERSTATE COMMERCE
     8     WHICH IS REGISTERED AND PRINCIPALLY OPERATED OUTSIDE THIS
     9     COMMONWEALTH.
    10         (8)  A LIGHT-DUTY VEHICLE ACQUIRED BY A RESIDENT OF THIS
    11     COMMONWEALTH FOR THE PURPOSE OF REPLACING A VEHICLE
    12     REGISTERED TO THE RESIDENT WHICH WAS DAMAGED, OR BECAME
    13     INOPERATIVE, BEYOND REASONABLE REPAIR OR WAS STOLEN WHILE OUT
    14     OF THIS COMMONWEALTH, IF THE REPLACEMENT VEHICLE IS ACQUIRED
    15     OUT OF THIS COMMONWEALTH AT THE TIME THE PREVIOUSLY OWNED
    16     VEHICLE WAS EITHER DAMAGED OR BECAME INOPERATIVE OR WAS
    17     STOLEN.
    18         (9)  A LIGHT-DUTY VEHICLE TRANSFERRED BY INHERITANCE OR
    19     COURT DECREE.
    20         (10)  A LIGHT-DUTY VEHICLE DEFINED AS A MILITARY TACTICAL
    21     VEHICLE OR ENGINES USED IN MILITARY TACTICAL VEHICLES
    22     INCLUDING A VEHICLE OR ENGINE EXCLUDED FROM REGULATION UNDER
    23     40 CFR 85.1703 (RELATING TO APPLICATION OF SECTION 216(2)).
    24         (11)  A LIGHT-DUTY VEHICLE IF THE VEHICLE WAS REGISTERED
    25     IN THIS COMMONWEALTH BEFORE THE EFFECTIVE DATE OF THIS ACT.
    26         (12)  A LIGHT-DUTY VEHICLE HAVING A CERTIFICATE OF
    27     CONFORMITY ISSUED UNDER THE CLEAN AIR ACT AND ORIGINALLY
    28     REGISTERED IN ANOTHER STATE BY A RESIDENT OF THAT STATE WHO
    29     SUBSEQUENTLY ESTABLISHES RESIDENCE IN THIS COMMONWEALTH AND
    30     UPON REGISTRATION OF THE VEHICLE PROVIDES SATISFACTORY
    20050S1025B1523                  - 4 -     

     1     EVIDENCE TO THE DEPARTMENT OF TRANSPORTATION OF THE PREVIOUS
     2     RESIDENCE AND REGISTRATION.
     3         (13)  A VEHICLE TRANSFERRED FOR THE PURPOSE OF SALVAGE.
     4         (14)  A LIGHT-DUTY VEHICLE PURCHASED OR LEASED FROM AN
     5     OUT-OF-STATE DEALER BY A RESIDENT OF THIS COMMONWEALTH FOR
     6     THE PERSONAL USE OF THE RESIDENT AND NOT FOR IMMEDIATE
     7     RESALE.
     8     (B)  REGISTRATION.--TO REGISTER AN EXEMPTED VEHICLE, THE
     9  PERSON SEEKING REGISTRATION SHALL PROVIDE SATISFACTORY EVIDENCE,
    10  AS DETERMINED BY THE DEPARTMENT OF TRANSPORTATION, DEMONSTRATING
    11  THAT THE EXEMPTION IS APPLICABLE.
    12  Section 4 6.  Prohibition.                                        <--
    13     The EXCEPT AS PROVIDED IN SECTION 4, THE department and the    <--
    14  board shall not adopt the low emission vehicle standard
    15  established by the State of California.
    16  SECTION 7.  DEPARTMENT RESPONSIBILITIES.                          <--
    17     (A)  REPORT.--NO LATER THAN JUNE 30, 2010, THE DEPARTMENT
    18  SHALL REPORT TO THE GENERAL ASSEMBLY ON THE OZONE ATTAINMENT
    19  STATUS OF PENNSYLVANIA'S COUNTIES AND REGIONS AS REQUIRED UNDER
    20  THE CLEAN AIR ACT (69 STAT. 322, 42 U.S.C. § 7401 ET SEQ.). THE
    21  REPORT SHALL CONTAIN THE DEPARTMENT'S RECOMMENDATIONS TO ATTAIN
    22  AND MAINTAIN COMPLIANCE WITH CLEAN AIR ACT AIR QUALITY OZONE
    23  STANDARDS.
    24     (B)  STAKEHOLDER PROCESS.--TO ASSIST IN THE DEPARTMENT'S
    25  RECOMMENDATIONS, THE DEPARTMENT SHALL CONVENE A STAKEHOLDER
    26  PROCESS FOR EACH GEOGRAPHIC AREA OR REGION LISTED AS
    27  NONATTAINMENT BY THE ENVIRONMENTAL PROTECTION AGENCY, AND NOT
    28  ANTICIPATED TO MEET ATTAINMENT BY JUNE 30, 2010. EACH
    29  STAKEHOLDER GROUP SHALL BE ORGANIZED AND CONVENED NO LATER THAN
    30  JUNE 30, 2008. THE DEPARTMENT SHALL USE AN OUTSIDE NEUTRAL
    20050S1025B1523                  - 5 -     

     1  FACILITATOR TO CONDUCT EACH STAKEHOLDER GROUP'S DELIBERATIONS.
     2     (C)  COMPOSITION.--EACH STAKEHOLDER GROUP SHALL BE COMPRISED
     3  OF FAIR REPRESENTATION CONSISTING OF MOTORIST, PUBLIC HEALTH AND
     4  ENVIRONMENTAL ORGANIZATIONS, PUBLIC UTILITY, AUTOMOTIVE
     5  MANUFACTURERS, BUSINESS AND INDUSTRY ORGANIZATIONS AS WELL AS
     6  FEDERAL, STATE AND LOCAL OFFICIALS.
     7     (D)  WAIVER PETITIONS.--THE DEPARTMENT SHALL SUBMIT, IF
     8  NECESSARY, ANY PETITIONS FOR WAIVERS TO THE ENVIRONMENTAL
     9  PROTECTION AGENCY TO EFFECTUATE ANY PROVISION OF THIS ACT.
    10  SECTION 8.  DEPARTMENT OF TRANSPORTATION RESPONSIBILITIES.
    11     PRIOR TO DECEMBER 31, 2006, AND EACH YEAR THEREAFTER, THE
    12  DEPARTMENT OF TRANSPORTATION SHALL PROVIDE TO THE CHAIRMEN AND
    13  MINORITY CHAIRMEN OF THE TRANSPORTATION COMMITTEE AND THE
    14  ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE OF THE SENATE AND
    15  THE CHAIRMEN AND MINORITY CHAIRMEN OF THE TRANSPORTATION
    16  COMMITTEE AND THE ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE
    17  OF THE HOUSE OF REPRESENTATIVES A REPORT LISTING THE FOLLOWING:
    18         (1)  THE APPROXIMATE NUMBER OF VEHICLES REGISTERED IN
    19     PENNSYLVANIA WHICH ARE CERTIFIED BY THE CALIFORNIA AIR
    20     RESOURCE BOARD AS CA-LEV II COMPLIANT, LISTED BY COUNTY.
    21         (2)  THE APPROXIMATE NUMBER OF VEHICLES OF EACH MODEL
    22     YEAR SUBSEQUENT TO 1970 CURRENTLY REGISTERED IN EACH COUNTY
    23     OF THIS COMMONWEALTH.
    24  Section 5 9.  Abrogation of regulation.                           <--
    25     The provisions of 25 Pa. Code Ch. 126 Subch. D (relating to
    26  new motor vehicle emissions control program) are abrogated to
    27  the extent they are inconsistent with this act.
    28  Section 6 10.  Federal approval.                                  <--
    29     The board, the department and all appropriate executive
    30  authorities shall, as expeditiously as possible, seek and obtain
    20050S1025B1523                  - 6 -     

     1  necessary approvals by the Environmental Protection Agency for a
     2  State implementation plan revision. Upon receipt of all of the
     3  necessary approvals, the Secretary of the Commonwealth shall
     4  transmit notice of the receipt to the Legislative Reference
     5  Bureau for publication in the Pennsylvania Bulletin.
     6  Section 10 20.  Effective date.                                   <--
     7     This act shall take effect as follows:
     8         (1)  The following sections shall take effect
     9     immediately:
    10             (i)  Section 5 9.                                      <--
    11             (ii)  This section.
    12         (2)  The remainder of this act shall take effect upon
    13     publication of the notice under section 6 10.                  <--












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