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PUBLIC LAWS OF MAINE
First Regular Session of the 119th

CHAPTER 356

S.P. 381 - L.D. 1082

An Act to Reauthorize and Amend the Diesel-powered Motor Vehicle Emission Opacity Testing Program

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, it is important that this Act takes effect before the diesel-powered motor vehicle emission opacity testing program is repealed on June 30, 1999, which may be before the expiration of the 90-day period; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 29-A MRSA §2114, as enacted by PL 1997, c. 786, §7, is amended to read:

§2114. Diesel-powered Motor Vehicle Emission Opacity Testing Program

     1. Program established. The Diesel-powered Motor Vehicle Emission Opacity Testing Program, referred to in this section as the "program," is established within the Department of Environmental Protection. The Department of Environmental Protection shall administer the program in cooperation with the Department of Public Safety.

     2. Diesel-powered motor vehicle. As used in this section, "diesel-powered motor vehicle" refers only to diesel-powered motor vehicles that have a gross vehicle weight rating of 26,001 18,000 or more pounds and that are used in commerce. "Diesel-powered motor vehicle" does not include a truck registered as a farm truck.

     3. Testing and repair requirement; penalties. A person who causes operation of a diesel-powered motor vehicle shall comply with the requirements of the program, including emission opacity standards and testing and repair requirements. Owners or operators of diesel-powered motor vehicles that have failed opacity standards for the first time have 30 days from the date that the operator was notified of the failure of the test to certify to the department that repairs were made to bring the vehicle into compliance with the opacity standards established pursuant to this section. If certification is not made within 30 days, then owners or operators are assessed a $250 fine for the first violation; 2nd or subsequent violations are assessed a $500 fine. A person may not be found in violation of this section until after January 1, 2000.

Only diesel-powered motor vehicles identified by certified inspectors as potential violators of the program's emission opacity standards are subject to testing under this section. Inspectors must be certified pursuant to the procedures for certification specified in 40 Code of Federal Regulations, Part 60, Appendix A, Method 9.

     4. Standards and procedures. The Commissioner Board of Environmental Protection shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A, that establish standards and procedures to implement continue the program. The standards and procedures These rules must include the following:

     5. Educational program. A person who causes operation of a diesel-powered motor vehicle that does not comply with the program's emission opacity standards must be given educational materials by the Department of Environmental Protection regarding the environmental and other benefits of a vehicle that is in compliance with the standards set forth in subsection 4.

     6. Implementation. The Department of Environmental Protection shall implement the program no later than 7 days following the effective date of this section. An operator of a diesel-powered motor vehicle that does not comply with the program's emission opacity standards is not subject to penalties.

     7. Definition. As used in this section, "opacity" means the degree of light-obscuring capability of emissions of visible air contaminants expressed as a percentage. Complete obscuration must be expressed as 100% opacity.

     As used in this section, "opacity" means the degree of light-obscuring capability of emissions of visible air contaminants expressed as a percentage. Complete obscuration must be expressed as 100% opacity.

     This section is repealed June 30, 1999.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective May 28, 1999.

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