Bill Text: HI SB1319 | 2013 | Regular Session | Introduced

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Bill Title: Particulate Matter; Road Pollution; Motor Vehicles

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-28 - Referred to TIA/ENE/PSM, WAM. [SB1319 Detail]

Download: Hawaii-2013-SB1319-Introduced.html

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THE SENATE	S.B. NO.	1319
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the environment.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that particulate pollution is a problem affecting localities, both urban and non-urban, in Hawaii and throughout the United States.

     At elevated concentrations, particulate matter can adversely affect human health, visibility, and materials.

     The legislature also finds that within the body of evidence there is considerable agreement among different studies that the elderly are particularly susceptible to effects from short-term and long-term exposures to particulate matter, especially if they have underlying respiratory or cardiac disease.  Children, especially those with respiratory diseases, may also be susceptible to pulmonary function decrements associated with exposure to particulate matter.

     The legislature further finds that Hawaii's water quality is a major asset to the tourism industry and anything that threatens that quality is of concern to the long-term viability of the Hawaiian economy.  Stormwater runoff from roadways has been observed to contain many pollutants and metals, and stormwater runoff has been documented to be deposited in Hawaii's waterways and marine environment.

     Research conducted by the University of Hawaii has shown very high levels of contamination in the Manoa watershed by pollutants from motor vehicles.  The National Contaminant Biomonitoring Program found fish from Manoa stream to have the highest concentrations of lead in the nation.  Further research showed that copper, zinc and lead in the watershed were anthropogenically generated.  The authors conclude that automotive emissions plus vehicle tire and brake wear were the primary contributors of trace metal concentrations.

     Additional research shows that Hawaii's dense vehicle population is loading waterways with contaminants that ultimately get transported into the marine environment.

     The purpose of this Act is to require motor vehicles to be equipped with a road pollution filter as a condition precedent to the issuance of a certificate of inspection.

     SECTION 2.  Section 196-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  With regard to motor vehicles and transportation fuel, each agency shall:

     (1)  Comply with Title 10, Code of Federal Regulations, Part 490, Subpart C, "Mandatory State Fleet Program", if applicable;

     (2)  Comply with all applicable state laws regarding vehicle purchases;

     (3)  Once federal and state vehicle purchase mandates have been satisfied, purchase the most fuel-efficient vehicles that meet the needs of their programs; provided that life cycle cost-benefit analysis of vehicle purchases shall include projected fuel costs;

     (4)  Purchase alternative fuels and ethanol blended gasoline when available;

     (5)  Evaluate a purchase preference for biodiesel blends, as applicable to agencies with diesel fuel purchases;

     (6)  Promote efficient operation of vehicles;

     (7)  Use the most appropriate minimum octane fuel; provided that vehicles shall use 87-octane fuel unless the owner's manual for the vehicle states otherwise or the engine experiences knocking or pinging;

     (8)  Purchase, install, and maintain motor vehicle equipment designed to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions from all wheels, as approved by the director of transportation;

    [(8)] (9)  Beginning with fiscal year 2005-2006 as the baseline, collect and maintain, for the life of each vehicle acquired, the following data:

         (A)  Vehicle acquisition cost;

         (B)  United States Environmental Protection Agency rated fuel economy;

         (C)  Vehicle fuel configuration, such as gasoline, diesel, flex-fuel gasoline/E85, and dedicated propane;

         (D)  Actual in-use vehicle mileage;

         (E)  Actual in-use vehicle fuel consumption; and

         (F)  Actual in-use annual average vehicle fuel economy; and

    [(9)] (10)  Beginning with fiscal year 2005-2006 as the baseline with respect to each agency that operates a fleet of thirty or more vehicles, collect and maintain, in addition to the data in paragraph (8), the following:

         (A)  Information on the vehicles in the fleet, including vehicle year, make, model, gross vehicle weight rating, and vehicle fuel configuration;

         (B)  Fleet fuel usage, by fuel;

         (C)  Fleet mileage; and

         (D)  Overall annual average fleet fuel economy and average miles per gallon of gasoline and diesel."

     SECTION 3.  Section 286-26, Hawaii Revised Statutes, is amended to read as follows:

     "§286-26  Certificates of inspection.  (a)  The following vehicles shall be certified as provided in subsection (e) once every year:

     (1)  Trucks, truck-tractors, semitrailers, and pole trailers having a gross vehicle weight rating of more than 10,000 pounds;

     (2)  Buses;

     (3)  Rental or U-drive motor vehicles two years of age or older; and

     (4)  Taxicabs.

Ambulances shall be certified as provided in subsection (e) once every six months.

     (b)  All other vehicles, including motorcycles, trailers, semitrailers, and pole trailers having a gross vehicle weight rating of 10,000 pounds or less, and antique motor vehicles as defined in section 249-1, except those in subsections (c) and (d), shall be certified as provided in subsection (e) every twelve months; provided that any vehicle to which this subsection applies shall not require inspection within two years of the date on which the vehicle was first sold.

     (c)  Any vehicle that has been involved in an accident shall be certified as provided in subsection (e) before it is operated again if:

     (1)  It is determined by a police officer or an insurer that the vehicle's equipment has been damaged so as to render the vehicle unsafe; or

     (2)  It is rebuilt or restored.

     (d)  Every vehicle shall be certified prior to the issuance of a temporary or permanent registration by the director of finance and prior to the transfer of any registration; provided that this requirement shall not apply to a subsequent transfer of registration in a vehicle that carries a current certificate of inspection.

     (e)  Upon application for a certificate of inspection to be issued for a vehicle, an inspection as prescribed by the director under subsection (g) shall be conducted on the vehicle, and if the vehicle is found to be in a safe operating condition, a certificate of inspection shall be issued upon payment of a fee to be determined by the director.  The certificate shall state the effective date, the termination date, the name of the issuing insurance carrier, and the policy number of the motor vehicle insurance identification card for the inspected motor vehicle as specified by section 431:10C-107 or state the information contained in the proof of insurance card as specified by section 431:10G-106.  A sticker, authorized by the director, shall be affixed to the vehicle at the time a certificate of inspection is issued.  An inspection sticker which has been lost, stolen, or destroyed shall be replaced without reinspection by the inspection station that issued the original inspection sticker upon presentation of the vehicle's current certificate of inspection; provided that the current certificate of inspection and inspection sticker shall not have expired at the time the replacement is requested.  The director shall adopt rules to determine the fee for replacement of lost, stolen, or destroyed inspection stickers.

     (f)  The operator of an official inspection station shall pay, from the fee in subsection (e), an amount to be determined by rules adopted pursuant to chapter 91 to the director of transportation.  This amount shall be expended only for administration and enforcement of the periodic motor vehicle inspection program.  The funds collected pursuant to this subsection shall be deposited into the highway special fund.

     (g)  The director of transportation shall adopt necessary rules for the administration of inspections and the issuance of certificates of inspection[.]; provided that beginning January 1, 2014, no certificate of inspection shall be issued as required under this part, for any vehicle not equipped in each wheel well with motor vehicle equipment designed to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions from all wheels in each motor vehicle, as approved by the director.  If a vehicle is not equipped with motor vehicle equipment designed to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions, an excessive pollution emissions charge of $125 shall be assessed.

     (h)  This section shall not apply to:

     (1)  Any motor vehicle which is covered by part XI, governing safety of motor carrier vehicle operation and equipment; provided that the rules adopted pursuant to part IA impose standards of inspection at least as strict as those imposed under subsection (g) and that certification is required at least as often as provided in subsections (a), (b), (c), and (d); and

     (2)  Aircraft servicing vehicles that are being used exclusively on lands set aside to the department of transportation for airport purposes.

     (i)  As part of the inspection required by this section, the owner of the vehicle to be inspected shall produce and display the motor vehicle insurance identification card for the inspected motor vehicle required by section 431:10C-107 or the proof of insurance card required by section 431:10G-106.  If no card is displayed, then the sticker authorized by the director shall not be affixed to the vehicle and the certificate of inspection shall not be issued.

     (j)  Vehicle owners that install and maintain in each wheel well aftermarket motor vehicle equipment shall install and maintain aftermarket motor vehicle equipment designed to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions from all wheels in each motor vehicle, as approved by the director.  In the event a vehicle is not equipped with motor vehicle equipment designed to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions, an excessive pollution emissions charge of $125 shall be assessed."

     SECTION 4.  Section 286-53.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding any other law to the contrary, the registered owner or lessee of a fleet of twenty-five or more vehicles consisting of commercial motor vehicles, commercial trailers, or passenger automobiles may apply to the director of finance of the county in which the vehicles are to be operated, for permanent license plates, decals, and registration cards; provided that the vehicle shall not be registered in any other state[.]; provided further that the fleet operator periodically certifies, installs, and maintains motor vehicle equipment designed to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions from all wheels in each motor vehicle, as approved by the director pursuant to section 286-26(g).  If a vehicle is not equipped with motor vehicle equipment designed to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions, an excessive pollution emissions charge of $125 shall be assessed."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Particulate Matter; Road Pollution; Motor Vehicles

 

Description:

Requires all motor vehicles to be equipped with a road pollution filter as a condition precedent to the issuance of a certificate of inspection.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.