Pennsylvania Act 1992-166 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Dec. 16, 1992, P.L. 1250, No. 166             Cl. 75
                             Session of 1992
                               No. 1992-166

     HB 2751

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, providing for the implementation and administration
        of an enhanced vehicle emission inspection program; further
        providing for administrative duties of the Department of
        Transportation for certain services and the Department of
        Environmental Resources; providing for an alternative fuels
        grant program; establishing the Alternative Fuels Incentive
        Grant Fund; and making an appropriation.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 1306, 4102, 4531, 4702, 4704 and 4706 of
     Title 75 of the Pennsylvania Consolidated Statutes are amended
     to read:
      § 1306.  Grounds for refusing registration.
        The department shall refuse registration or renewal or
     transfer of registration when any of the following circumstances
     exists:
            (1)  The applicant is not entitled to registration under
        the provisions of this chapter.
            (2)  The applicant has at registration or titling
        neglected or refused to furnish the department with the
        information required on the appropriate official form, or any
        reasonable additional information required by the department.
            (3)  The department has reasonable grounds to believe
        that the application contains false or fraudulent
        information, or that the vehicle is stolen, which fact the
        department shall ascertain by reference to the stolen vehicle
        file required to be maintained under section 7114 (relating
        to records of stolen vehicles), or that the granting of
        registration would constitute a fraud against the rightful
        owner or other person having a valid lien upon the vehicle.
            (4)  The fees required by law have not been paid.
            (5)  The vehicle is not constructed or equipped as
        required by this title.
            (6)  The registration of the vehicle stands suspended for
        any reason as provided for in this title.
            (7)  Self-certification of financial responsibility, as
        required under section 1305(d) (relating to application for
        registration), is not filed with the registration
        application.
            (8)  Evidence of a passed emission inspection or evidence
        of the issuance of a waiver has not been presented for a
        vehicle required to have an emission inspection.
            (9)  The owner of a vehicle subject to emission
        inspection has failed to complete or comply with an
        emissions-related recall concerning that vehicle.
      § 4102.  Definitions.
        The following words and phrases when used in this part shall
     have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Centralized inspection."  A system for vehicle emission
     inspection utilizing consolidated facilities owned and operated
     by the Commonwealth or by a contractor or contractors to the
     Commonwealth that provide for vehicle emission testing only.
        "Decentralized inspection."  A system for vehicle emission
     inspection using privately owned and operated department-
     certified facilities to provide for vehicle emission testing or
     allowing for repairs or both.
        "Enhanced emission inspection program."  A vehicle emission
     inspection program as defined by the Federal Environmental
     Protection Agency and including, but not limited to,
     computerized emission analyzers, on-road testing and inspection
     of vehicle emission control devices through a contracted
     centralized or decentralized inspection program.
        "Federal standard."  A minimum standard of vehicle or vehicle
     equipment performance issued under the National Traffic and
     Motor Vehicle Safety Act (80 Stat. 718, 15 U.S.C. § 1381), the
     Motor Vehicle Information and Cost Savings Act (86 Stat. 947, 15
     U.S.C. § 1901) or the Clean Air Act (81 Stat. 485, 42 U.S.C. §
     1857).
        "On-road testing device."  An exhaust gas analyzer capable of
     measuring vehicle exhaust gas content outside of the garage
     environment while the vehicle is in motion on the road or at
     roadside.
        "Qualified Commonwealth employee."  An individual, police
     officer or qualified department employee who has completed
     training in the inspection or weighing of vehicles as required
     by section 4704 (relating to inspection by police or
     Commonwealth personnel), 4981 (relating to weighing and
     measurement of vehicles) or 8302 (relating to powers and duties
     of department).
        "Subject vehicle."  A motor vehicle having a gross vehicle
     weight rating of 9,000 pounds or less which is of a model year
     and uses a type of fuel specified by regulation of the
     department if the secretary certifies by publication in the
     Pennsylvania Bulletin that an emission inspection program for
     such vehicles is required to meet the attainment goals
     established by the Clean Air Act (Public Law 95-95, 42 U.S.C. §
     7401 et seq.), as amended, and regulations promulgated by the
     United States Environmental Protection Agency.
        "Vehicle equipment standard."  A minimum standard for vehicle
     performance or vehicle equipment performance which meets the
     needs of vehicle safety, noise control or air quality control,
     which is practicable and which provides objective criteria.
      § 4531.  Emission control systems.
        (a)  Compliance with established maximum levels.--No vehicle
     manufactured in compliance with the requirements of the Clean
     Air Act (77 Stat. 392, 42 U.S.C. § 1857), or any amendments or
     supplements thereto, shall have emissions exceeding the maximum
     permissible levels prescribed by law.
        (b)  Limitation on alteration of system.--No person shall
     disable, change or alter the emission control system of a
     vehicle [in such a manner that it fails to comply with the
     prescribed emissions criteria]. Original emission control
     components or replacements in kind shall be present and
     functioning on all vehicles. A subject vehicle may be equipped
     with any added components which are designed to improve
     emissions. It is unlawful for [the vehicle] a subject vehicle
     that is not in compliance with the preceding requirements to be
     operated under its own power until a reinspection at an official
     emission inspection station establishes its full compliance[.],
     provided that it shall be lawful for the vehicle to be operated
     under its own power by the vehicle owner while en route to the
     official emission inspection station for a reinspection.
        (c)  Limitation on sale and operation of vehicles with
     altered systems.--No person shall sell or operate a vehicle
     whose emission control system has been disabled, changed or
     altered from its original design specifications, except for in-
     kind replacement of system components and added components which
     are designed to improve emissions.
      § 4702.  Requirement for periodic inspection of vehicles.
        (a)  Annual safety inspection.--Except as provided in
     subsection (b), the department shall establish a system of
     annual safety inspection of vehicles, including emergency
     vehicles and private noncommercial vehicles used to transport
     students.
        (b)  Semiannual safety inspection of certain vehicles.--
     School buses, passenger vans under contract with or owned by a
     school district or private or parochial school, including
     vehicles having chartered, group and party rights under the
     Public Utility Commission and used to transport school students,
     passenger vans used to transport persons for hire or owned by a
     commercial enterprise and used for the transportation of
     employees to or from their place of employment, trailers having
     a registered gross weight in excess of 10,000 pounds,
     construction trucks for which annual permits are issued pursuant
     to section 4970(b) (relating to permit for movement of
     construction equipment), mass transit vehicles and motor carrier
     vehicles shall be subject to semiannual safety inspection.
        (c)  [Inspection] Safety inspection criteria for street
     rods.--The department, after consultation with the National
     Street Rod Association and other interested groups, shall
     prescribe special inspection criteria for vehicles registered as
     street rods.
        (d)  Extension of inspection period.--The department may
     extend the time for any of the inspections required by this
     chapter for not more than 30 days due to weather conditions or
     other causes which render compliance with the provisions of this
     chapter within the prescribed time difficult or impossible.
        (e)  Prohibition on centralized inspection.--The department
     shall not require or direct the use of a centralized safety
     inspection program for purposes of performing vehicle safety
     inspections.
        (f)  Emission inspection.--Subject vehicles operated in this
     Commonwealth must be emission inspected as provided in section
     4706 (relating to prohibition on expenditures for emission
     inspection program).
        (g)  Exceptions.--The following are exceptions to subsection
     (f):
            (1)  Emission inspection criteria for registration of
        subject vehicles with new registration plates.--A subject
        vehicle never before registered in this Commonwealth or any
        other jurisdiction having less than 5,000 miles on its
        odometer and for which an annual or temporary registration
        plate was originally issued within the past 12 months shall
        be exempt from emission inspection for one year from the date
        of original registration. A certificate of exemption shall be
        affixed to the subject vehicle in a manner prescribed by
        department regulations.
            (2)  Emission inspection criteria for new vehicles with
        transferred registration plates.--A subject vehicle never
        before registered in this Commonwealth or any other
        jurisdiction having less than 5,000 miles on its odometer and
        bearing a registration plate which has been transferred from
        another vehicle shall be required to pass an emission
        inspection prior to the next registration renewal, but not
        within nine months of the date of purchase of the subject
        vehicle.
            (3)  Emission inspection criteria for used subject
        vehicles with new or transferred registration plates.--A
        subject vehicle sold having a title issued in this or any
        other jurisdiction or sold with a manufacturer's statement of
        origin and having 5,000 or more miles on its odometer and
        which displays a currently valid certification of emission
        inspection shall be required to be emission inspected prior
        to expiration of the certificate of emission unless the
        renewal of registration becomes due immediately before the
        expiration of the certificate of emission inspection, in
        which case the subject vehicle shall be emission inspected
        prior to expiration of the new or transferred registration
        plate. If there is no evidence of emission inspection, an
        emission inspection must precede the next registration
        renewal.
            (4)  Emission inspection criteria for vehicles operated
        with miscellaneous motor vehicle business registration plates
        or dealer registration plate.--A subject vehicle which
        displays a miscellaneous motor vehicle business registration
        plate or a dealer registration plate shall be exempt from the
        requirements for emission inspection until it has accumulated
        5,000 miles on its odometer. At that time it shall be subject
        to the provisions of subsection (f).
      § 4704.  Inspection by police or Commonwealth personnel.
        (a)  Authority to inspect.--
            (1)  Inspection in conjunction with vehicle weighing.--
        Any police officer or Commonwealth employee engaged in
        weighing vehicles as provided in Subchapter E of Chapter 49
        (relating to measuring and adjusting vehicle size and
        weights) is authorized to inspect any items of a vehicle's
        equipment to determine whether they meet the standards
        established in department regulations.
            (2)  Systematic vehicle inspection programs.--Any
        Pennsylvania State Police officer or qualified Commonwealth
        employee engaged in a systematic vehicle inspection program
        may inspect any vehicle, driver, documents, equipment and
        load to determine whether they meet standards established in
        department regulations.
            (3)  Probable cause.--
                (i)  Any State Police officer or qualified
            Commonwealth employee having probable cause to believe
            that a vehicle, driver, documents, equipment or load are
            unsafe, not equipped as required or otherwise not in
            compliance with the law or regulations may inspect the
            vehicle, driver, documents, equipment or load.
                (ii)  Any police officer having probable cause to
            believe that a vehicle or its equipment is unsafe, not
            equipped as required or otherwise not in compliance with
            the law or regulations may inspect the vehicle or its
            equipment.
            (4)  Testing in conjunction with vehicle emissions.--When
        testing for vehicle emissions, testing may include remote
        sensing devices or systematic roadside checks with tailpipe
        tests, emission control device checks and a check of the
        subject vehicle's emission control system including all of
        the components to determine if any part of the system has
        been disabled, changed or altered. The systematic testing may
        be conducted by police officers or qualified Commonwealth
        employees.
        (b)  Notice of violation.--Any police officer or qualified
     Commonwealth employee, having probable cause to believe that any
     vehicle or mass transit vehicle, regardless of whether it is
     being operated, or its equipment, documents or load, are unsafe,
     not equipped as required, or are otherwise not in compliance
     with the law or department regulations, may at any time submit a
     written notice of the violations to the driver of the vehicle or
     the mass transit vehicle or to the owner, lessee or registrant,
     or if none of them is present, to an adult occupant of the
     vehicle or the mass transit vehicle, or if the vehicle or the
     mass transit vehicle is unoccupied, the notice shall be attached
     to the vehicle or the mass transit vehicle in a conspicuous
     place.
            (1)  The notice shall specify the particulars of the
        violations and require that the violations be corrected.
        Within five days or, in the case of a motor carrier vehicle
        or bus, within 15 days or before commencement of the
        vehicle's next trip, whichever occurs first, or in the case
        of emission testing, within 30 days, evidence must be
        submitted to the police or the Commonwealth, whichever is
        applicable, that the violations have been corrected.
            (2)  If the police officer or qualified Commonwealth
        employee has probable cause to believe that a vehicle or mass
        transit vehicle is unsafe or not in proper repair or fails a
        roadside vehicle emission test, he may require in the written
        notice that the vehicle or mass transit vehicle be inspected.
        The owner or driver shall, within five days of the date of
        notification or, in the case of a motor carrier vehicle or
        bus, within 15 days of the date of notification or before
        commencement of the vehicle's next trip, whichever occurs
        first, or in the case of emission testing, within 30 days,
        submit to the police or the Commonwealth, whichever is
        applicable, certification from an official inspection station
        that the vehicle or the mass transit vehicle has been
        restored to [safe] legal operating condition in relation to
        the particulars specified on the notice. Any person who fails
        a roadside vehicle emission inspection shall have 30 days in
        which to pass an enhanced vehicle emission inspection or to
        produce evidence that the subject vehicle has a valid
        emissions test waiver.
            (3)  After the expiration of the five-day [or 15-day],
        15-day or 30-day period specified in paragraphs (1) and (2),
        whichever is appropriate, the vehicle shall not be operated
        upon the highways of this Commonwealth and a mass transit
        vehicle shall not be operated until the owner or driver has
        submitted to the police or the Commonwealth, whichever is
        applicable, evidence of compliance with the requirements of
        paragraph (1) or (2), whichever is applicable.
        (c)  Operation prohibited if hazardous.--In the event a
     vehicle or a mass transit vehicle, or its equipment, load or
     driver, in the reasonable judgment of the officer or qualified
     Commonwealth employee, is in such condition that further
     operation would be hazardous, the officer or qualified
     Commonwealth employee may require that the vehicle or the mass
     transit vehicle not be operated under its own power or that the
     driver discontinue driving, or both, and may so stipulate in the
     notice given under subsection (b). In the case of motor carrier
     vehicles or their drivers, all such determinations shall be
     based on out-of-service criteria established in department
     regulations.
        (d)  Authority of police and qualified Commonwealth
     employees.--Any police officer or qualified Commonwealth
     employee shall be authorized to detain and inspect any sealed or
     unsealed vehicle, container or shipment which they have probable
     cause to believe may be in violation of the law or Commonwealth
     regulations while in transit or in maintenance facilities,
     terminals or other public or private property to ascertain if
     commodities or materials are being unloaded, stored or
     transported in an illegal manner; to inspect contents; to
     inspect and copy documents and otherwise to ensure compliance
     with the law and Commonwealth regulations, except that only
     State Police and qualified Commonwealth employees shall have the
     authority to enforce any law or regulation pertaining to
     drivers, including, but not limited to, minimum driver
     qualifications, maximum hours of service and driver records, or
     pertaining specifically to hazardous materials. If a seal is
     opened for inspection, the inspecting officer or Commonwealth
     employee shall reseal any vehicle, container or shipment prior
     to further transportation.
        (e)  Limitation of authority of qualified Commonwealth
     employees.--The authority granted to qualified Commonwealth
     employees under this section shall be exercised only when the
     employee is in uniform and shall apply only to vehicles subject
     to emission inspection, motor carrier vehicles, buses and all
     vehicles and combinations carrying hazardous materials in an
     amount and type which require the vehicle to be placarded under
     Chapter 83 (relating to hazardous materials transportation) and
     to the drivers of all such vehicles. Qualified Commonwealth
     employees who are not police officers shall be regarded as
     police officers under this part for the purpose of instituting
     criminal proceedings by citation under Chapter 50 of the
     Pennsylvania Rules of Criminal Procedure.
        (f)  Training of Commonwealth employees.--The department
     shall establish a program or programs to train and qualify
     Commonwealth employees, including Pennsylvania State Police
     officers, to inspect vehicles, equipment, documents, loads and
     drivers as authorized under this section and may provide such a
     program to train and qualify any police officer. After one year
     following the effective date of this section, inspections under
     subsection (a)(2) may be conducted only by personnel qualified
     under this program. Until that time, such inspections may be
     conducted by personnel designated by the department. A document
     executed by a department official, or a photostatic copy
     thereof, indicating that a person, including any police officer,
     has been so qualified or designated shall be competent and prima
     facie evidence of the qualification or designation.
        (g)  Limitations.--Farm trucks not required to be registered,
     implements of husbandry and special mobile equipment shall not
     be subject to the systematic vehicle inspections authorized
     under subsection (a).
      § 4706.  Prohibition on expenditures for emission inspection
                program.
        (a)  General rule.--Except as provided in subsection (b),
     neither the department nor any other department or agency of the
     executive branch of State government shall expend any public
     funds for the establishment and administration of any system for
     the periodic inspection of emissions or emission systems of
     motor vehicles.
        (b)  Exception.--The provisions of subsection (a) shall not
     apply when the secretary shall certify that [such] a system is
     required to comply with Federal law and is necessary for the
     Commonwealth to receive or avoid the loss of Federal funds in
     which case the department may establish and administer such a
     system for motor vehicles registered in areas where periodic
     inspection of emissions or emission systems of motor vehicles is
     required by the Environmental Protection Agency of the United
     States or decrees of the courts of the United States.
        (b.1)  Further exception.--
            (1)  The provisions of subsection (a) shall not apply if
        the secretary shall certify that a system is required to
        comply with the Clean Air Act (Public Law 95-95, 42 U.S.C. §
        7401 et seq.) and subsequent amendments or a final decree of
        a Federal court and is necessary for the Commonwealth to
        receive or avoid the loss of Federal funds, in which case the
        department shall establish and administer an enhanced
        emission inspection program. This program shall be
        established in all areas of this Commonwealth where the
        secretary certifies by publication in the Pennsylvania
        Bulletin that a system is required in order to comply with
        Federal law. Any area, counties, county or portion thereof
        certified to be in the program by the secretary must be
        mandated to be in the program by Federal law. If a petition
        is required to be sent to the Federal Government in order for
        any counties, county or portions of any county to be exempted
        from the emission inspection program, the secretary shall
        petition the Federal Government on behalf of any counties,
        county or portion of any county that may qualify for an
        exemption. In cases where more than one county within a
        metropolitan statistical area may be exempted from the
        emissions inspection program, the county with the lowest
        population per square mile shall be exempted first. In cases
        where only portions of one county may be exempted from the
        emissions inspection program, the areas with the lowest
        population per area of postal zip code coverage region shall
        be exempted first. If the secretary establishes a centralized
        inspection program, the following limitations shall be
        applicable:
                (i)  Vehicle emission inspection shall be on a
            biennial basis.
                (ii)  No vehicle repairs or vehicle safety
            inspections shall be performed at any centralized
            emission inspection facility.
                (iii)  No contractor providing centralized inspection
            shall own or have any business interest in any vehicle
            repair facility in this Commonwealth.
                (iv)  For the purposes of this chapter, the
            department may issue a contract for a period of seven
            years or more to the successful bidder for the
            establishment and operation of a centralized program for
            emissions testing.
                (v)  The department shall promulgate regulations for
            the conduct, supervision and qualification of a
            contractor, its principals, employees or agents providing
            centralized emission testing which shall include a
            schedule of offenses punishable by fine of up to $20,000
            and shall make provision for the discipline, termination,
            suspension and/or debarment of a contractor, its
            principals, employees or agents for the violation of a
            regulation pertaining to the emission testing program.
            (2)  At least 60 days prior to the implementation of any
        enhanced emission inspection program developed under this
        subsection, the Secretary of Transportation shall certify by
        notice in the Pennsylvania Bulletin that an enhanced emission
        inspection program will commence.
        (b.2)  Restrictions on exceptions.--Notwithstanding any other
     provision or requirement contained in this title, no provision
     or requirement of this section shall be more stringent or
     restrictive than those required by the Clean Air Act. No
     allowable vehicle emission standard shall be more restrictive
     than that originally certified for the subject vehicle at the
     time of manufacture.
        (c)  [Certificate] Evidence of emission inspection.--
            (1)  The department shall issue [a certificate] evidence
        of emission inspection through an official emission
        inspection station or an authorized agent of the department,
        valid until the next scheduled emission inspection, for a
        subject motor vehicle which meets the following criteria:
                (i)  [the motor] The subject vehicle has passed an
            inspection or a reinspection performed by the emission
            inspection station[; or], including an antitampering
            check, and all required emission control devices are
            installed, except as noted in subparagraph (ii).
                (ii)  [all required emission control devices are
            installed and the motor vehicle has qualified for and has
            received a low-emission tune-up as provided in paragraphs
            (2), (3) and (5) after failing an inspection performed by
            the inspection station within the past 90 days.] For two
            years from the commencement of the enhanced emission
            inspection program, a subject vehicle that passes the
            tailpipe emissions portion of the test but fails the
            antitampering check portion shall be issued a tampering
            warning in lieu of a test failure. At the expiration of
            this time period, the subject vehicle shall meet the
            requirements of subparagraph (i) or shall be considered
            to have failed the entire test.
                (iii)  The subject vehicle is exempt pursuant to the
            provisions of section 4702(g) (relating to requirement
            for periodic inspection of vehicles).
            (2)  [When the cost of necessary repairs, as documented
        by a written estimate, would exceed] When a subject vehicle
        has failed the emission inspection test and continues to fail
        after the owner has expended an amount at least equal to the
        total cost limitation[,] as provided in paragraph [(5)] (3),
        the owner may[, instead of performing or obtaining necessary
        repairs, obtain a low-emission tune-up] apply for a waiver.
        For the purpose of determining qualification for a [low-
        emission tune-up] waiver, the cost of necessary repairs shall
        not include the costs covered by any warranty, insurance
        policy or prepaid maintenance agreement or the costs as
        referred to in [paragraphs (6) and (7)] paragraph (4).
            [(3)  A low-emission tune-up shall consist of four engine
        checks and necessary adjustments and shall be performed in
        the following manner:
                (i)  If the motor vehicle is equipped with a breaker
            point ignition system, the mechanic shall check and, if
            necessary, adjust the distributor point dwell to the
            manufacturer's specifications.
                (ii)  If the motor vehicle is equipped with a
            distributor which provides for timing adjustment, the
            mechanic shall check and, if necessary, adjust the
            ignition timing according to the manufacturer's
            specifications.
                (iii)  If the motor vehicle is equipped with a
            carburetor which provides for idle and air/fuel mixture
            adjustments, the mechanic shall then adjust the idle and
            air/fuel mixture according to the recommended procedures
            of the motor vehicle manufacturer.
                (iv)  If the motor vehicle is equipped with a
            carburetor which provides for idle speed adjustment, the
            mechanic shall check and, if necessary, adjust the idle
            RPM to the specifications of the motor vehicle
            manufacturer. If a substantial idle speed adjustment is
            necessary, the mechanic shall recheck the initial timing.
                (v)  If none of the checks or adjustments set forth
            in this paragraph can be performed on a motor vehicle or
            are found to be ineffective, a low-emission tune-up shall
            also include checking and, if necessary, repairing or
            replacing the vacuum lines and electrical wires related
            to the emission control system and checking and, if
            necessary, replacing or repairing the air filter,
            positive crankcase ventilation valve or any sparkplugs if
            found defective.
            (4)  The department by regulation shall establish
        standard time allowances needed to perform the low-emission
        tune-up.
            (5)  The total cost limitation is $50 for 1974 and newer
        model year vehicles and $25 for pre-1974 model year
        vehicles.]
            (3)  The waiver limit shall be the minimum required by
        Federal law. The costs mandated by this subsection do not
        include any costs recoverable under warranty, insurance
        policy or prepaid maintenance agreement.
            [(6)] (4)  Any expenses incurred in the repair of
        emission control devices found to be tampered with or
        rendered inoperative [through intervention by the vehicle
        owner or someone acting on his behalf] or which are not
        installed shall not be included in the total cost limitation
        of [this] paragraph (3).
            [(7)  The costs mandated by this subsection do not
        include any costs recoverable under an emission warranty.]
            (5)  It is unlawful to operate a subject vehicle without
        evidence of emission inspection or certification by an
        authorized agent, provided that it shall be lawful for a
        motor vehicle to be operated by the vehicle owner while en
        route to an emissions inspection station or to a vehicle
        repair facility where an appointment for emissions-related
        repairs has been scheduled and, provided further, that such
        operation occurs no later than ten days after the expiration
        of valid evidence of emission inspection issued under this
        title.
            (6)  Subject vehicles presented for emission inspection
        after the assigned emission inspection deadline shall be
        charged $10 for each month or portion thereof past the due
        date in addition to the emission inspection fee, except as
        provided in regulations promulgated by the department.
        [(d)  Charge for inspection.--Whenever a system for the
     periodic inspection of emissions or emission systems is
     established as authorized in subsection (b), the maximum charge
     for such inspection shall be $8. No additional charge shall be
     made by the inspecting station for one necessary reinspection
     within 30 days of the original inspection.
        (e)] (d)  Coordination with [safety inspections] vehicle
     registration.--Whenever a system for the periodic inspection of
     emissions or emission systems is established as authorized in
     [subsection (b)] subsections (b) and (b.1), such inspection of
     emissions or emission systems shall be coordinated with the
     vehicle [safety inspections required by section 4702 (relating
     to requirement for periodic inspection of vehicles) and shall be
     obtained during the period in which a vehicle is required to
     obtain the safety inspection] registration period.
        [(f)  Credit.--
            (1)  Once each calendar year, every qualified person or
        persons who owns a vehicle which undergoes an emission
        inspection required pursuant to this section shall be
        eligible to claim a credit in the amount of $19 against the
        annual registration fee for the vehicle as provided in
        Chapter 19 (relating to fees) or the processing fee in
        section 1901(c)(16) and (17) (relating to exemption of
        entities and vehicles from fees). The credit shall be
        available only for one vehicle for each qualified person.
            (2)  In order to claim a credit, a qualified person shall
        subtract the amount of the credit from the annual fee for
        registration of the vehicle as provided in Chapter 19 or the
        processing fee as provided in section 1901(c)(16) and (17)
        except that the credit shall not reduce the amount of annual
        registration fee or processing fee due to less than $5. The
        person may only claim the credit one time in any calendar
        year and shall claim it within 12 months of the date of the
        inspection.
            (3)  Any qualified person who shall claim a credit under
        this subsection is deemed to have granted his or her consent
        for the department to have access, pursuant to procedures
        established by the Department of Revenue and the Department
        of Transportation, to relevant personal income tax returns.
        Notwithstanding any other provision of law to the contrary,
        the Department of Revenue shall provide such information
        relating to the returns of qualified persons claiming the
        credit as the Secretary of Transportation shall require to
        confirm eligibility for the credit.
            (4)  Any person who fraudulently claims or attempts to
        claim the credit as authorized herein commits a misdemeanor
        of the second degree and shall in addition to any fines and
        imprisonment be ordered to make restitution to the
        Commonwealth.
            (5)  The provisions of this subsection shall expire two
        years from the date that the Secretary of Transportation
        certifies that the motor vehicle emission inspection program
        has been implemented.
        (g)] (e)  Regulations.--[The] Upon certification by the
     secretary of the need to comply with Federal law, the department
     shall promulgate such regulations as may be necessary to
     implement [this section] the emission inspection program but it
     shall not promulgate a regulation that would require safety
     inspection stations to also perform emission control
     inspections. Regulations promulgated by the department relating
     to the enhanced emission inspection program shall not be subject
     to the proposed rulemaking provisions of the act of July 31,
     1968 (P.L.769, No.240), referred to as the Commonwealth
     Documents Law, or the act of June 25, 1982 (P.L.633, No.181),
     known as the Regulatory Review Act.
        [(h)  Definitions.--As used in this section the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Dependent."  A natural person who derives more than one-half
     of his total support during the entire taxable year from another
     individual. Any individual who shall be a dependent shall not be
     eligible to claim the credit authorized by subsection (f).
        "Qualified person or persons."  A natural person or persons
     who is an unmarried individual or surviving spouse who is not a
     dependent of another individual with income as defined in
     section 301 of the act of March 4, 1971 (P.L.6, No.2), known as
     the Tax Reform Code of 1971, for the prior calendar year not
     exceeding $14,999; or who are a husband and wife filing the
     personal income tax return separately or jointly with a combined
     income as defined in section 301 of the Tax Reform Code of 1971,
     for the prior calendar year not exceeding $14,999.]
        Section 2.  Title 75 is amended by adding sections to read:
      § 4709.  Low-Emissions Vehicle Commission.
        (a)  Establishment.--There is hereby established a Low-
     Emissions Vehicle Commission which shall consist of 13 members.
     The Secretary of Commerce, the Secretary of Environmental
     Resources and the Secretary of Transportation shall be members.
     Six members shall be appointed by the Governor as follows:
            (1)  One member shall be a representative of an
        environmental advocacy group, and one each shall be appointed
        from a list of at least three nominees provided by each of
        the following:
                (i)  The Associated Petroleum Industries of
            Pennsylvania.
                (ii)  The Pennsylvania Gas Association.
                (iii)  The Pennsylvania Electric Association.
                (iv)  The Pennsylvania Automotive Association.
                (v)  The Pennsylvania AAA Federation.
            (2)  There shall be four legislative members: two members
        of the Senate, one appointed by the Majority Leader of the
        Senate and one appointed by the Minority Leader of the
        Senate; and two members of the House of Representatives, one
        appointed by the Majority Leader of the House of
        Representatives and one appointed by the Minority Leader of
        the House of Representatives.
            (3)  The Low-Emissions Vehicle Commission shall elect a
        chairman.
            (4)  The Secretary of Transportation and the Secretary of
        Commerce shall jointly provide administrative staff.
        (b)  Study content.--The Low-Emissions Vehicle Commission
     shall complete a study which addresses:
            (1)  whether adoption of the low-emissions vehicle
        program will result in significant net air quality
        improvements, using appropriate air quality modeling analysis
        and considering both volatile organic compound and nitrogen
        oxide emissions and their impact on ambient ozone levels; and
            (2)  whether adoption of the low-emissions vehicle
        program will result in a more cost-effective reduction in
        ozone precursors than other alternative control strategies
        for mobile and stationary sources to achieve and maintain the
        NAAQS standards established by the Clean Air Act (Public Law
        95-95, 42 U.S.C. § 7401 et seq.), including the low-emissions
        vehicle program's impact on economic development, future
        economic expansion, benefits to public health, welfare and
        environment and the fiscal impact on the consumer.
        (c)  Submission of study.--The commission shall submit its
     completed study to the Governor and the General Assembly within
     240 days of enactment of this legislation.
        (d)  Prohibitions.--
            (1)  Except as provided in paragraph (2), no department,
        board or commission may adopt regulations establishing any
        low-emission vehicle program until the study under subsection
        (c) has been submitted to the General Assembly. Nothing in
        this section shall preclude the department from proposing
        regulations related to the California motor vehicle emission
        standards under this act, subject to review under the act of
        June 25, 1982 (P.L.633, No.181), known as the Regulatory
        Review Act.
            (2)  If the Low-Emissions Vehicle Commission does not
        submit its study during the time period under subsection (c),
        a department, board or commission may go forward with
        adopting regulations establishing a low-emission vehicle
        program.
        (e)  Reformulated motor fuels.--No department, board or
     commission shall adopt regulations mandating the sale or use of
     reformulated motor fuels which comply with any specifications
     for reformulated motor fuels prescribed by the State of
     California under 42 U.S.C. § 7545(c)(4)(B).
      § 4710.  Vehicle Emission System Inspection Program Advisory
                Committee.
        (a)  Appointment, composition, etc.--A Vehicle Emission
     System Inspection Program Advisory Committee shall be appointed
     by the Governor no later than 15 days after the effective date
     of this section and shall have its first meeting no later than
     30 days after the effective date of this section.
        (b)  Members.--The committee shall consist of 16 members.
     Members shall serve without compensation other than
     reimbursement for reasonable and necessary expenses in
     accordance with the rules of the Executive Board and shall serve
     for terms fixed by the secretary. The members shall include:
            (1)  Three representatives of public interest or
        environmental groups.
            (2)  Six from the following groups, one each from a list
        of three nominees provided by each of the following: The
        Pennsylvania AAA Federation, Service Station Dealers and
        Automotive Repair Association of Pennsylvania and Delaware,
        Pennsylvania Automotive Association, the Automotive Service
        Association of Pennsylvania, Associated Petroleum Industries
        of Pennsylvania and Coalition for Safer, Cleaner Vehicles.
            (3)  The chairmen and minority chairmen of the Senate and
        House of Representatives Transportation Committees or their
        designees.
            (4)  The Secretary of Commerce, the Secretary of
        Environmental Resources and the Secretary of Transportation
        or their designees shall serve as ex officio, nonvoting
        members of the committee.
        (c)  Advice to department.--The advisory committee shall
     provide guidance, advice and recommendations to the department
     on the establishment and implementation of the enhanced vehicle
     emission inspection program. Any request for proposal for
     contracted services issued by the department regarding the
     enhanced vehicle emission inspection program shall not be
     subject to review by the committee.
        (d)  Review of regulations.--The department simultaneously
     shall submit for review prior to adoption final enhanced
     emission inspection program regulations to the advisory
     committee and to the Attorney General. The advisory committee
     and the Attorney General shall have 30 days to review and
     comment on regulations submitted for review, and the advisory
     committee shall forward its comments to the secretary, to the
     designated standing committees and to the Independent Regulatory
     Review Commission. Attorney General review of enhanced emission
     inspection regulations shall occur concurrently with the review
     of the advisory committee. Review by the Attorney General shall
     be limited to form and legality. If the Attorney General
     determines that a rule or regulation is improper in form or
     legality, its determination shall be transmitted to the
     department and not otherwise subject to the provisions of
     section 204(b) of the act of October 15, 1980 (P.L.950, No.164),
     known as the Commonwealth Attorneys Act. An enhanced emission
     inspection rule or regulation which has been further amended as
     a consequence of a comment by the advisory committee or a
     determination of illegality by the Attorney General shall be
     resubmitted simultaneously to the advisory committee and to the
     Attorney General. The advisory committee and the Attorney
     General shall have ten days to review and comment. If the
     Attorney General continues its objections and the department
     disagrees, the department may promulgate the rule or regulations
     with or without revision and shall publish with it a copy of the
     Attorney General's objections. Upon completion of review of
     enhanced emission inspection regulations by the advisory
     committee and the Attorney General, the regulations shall be
     submitted to the designated standing committees and the
     Independent Regulatory Review Commission for review consistent
     with the act of June 30, 1989 (P.L.73, No.19), entitled "An act
     reenacting and amending the act of June 25, 1982 (P.L.633,
     No.181), entitled, as reenacted and amended, 'An act providing
     for independent oversight and review of regulations, creating an
     Independent Regulatory Review Commission, providing for its
     powers and duties and making repeals,' further providing for the
     membership of the Independent Regulatory Review Commission and
     for the procedure for regulatory review; changing the
     termination date for the commission; and making repeals."
        (e)  Meetings.--The advisory committee shall meet at the call
     of the chairman, but not less than semiannually, to carry out
     its duties. The committee shall select a chairman and such other
     officers as it deems appropriate.
        (f)  Additional members.--The secretary may appoint
     additional members of the advisory committee on a temporary or
     permanent basis to advise the department on particular issues.
        (g)  Sunset date.--The advisory committee established under
     this section shall sunset on December 31, 1996.
      § 6116.  Payment by credit or debit card.
        Notwithstanding any other provision of this title, the
     department is authorized to accept payment of a fee by a credit
     or debit card, even though such payment may not be accompanied
     by the required documents if the department determines that
     payment by credit or debit card will improve service to the
     public without adversely affecting the security and accuracy of
     departmental records. If a payment is made by a credit or debit
     card, the department may, in addition to the fee prescribed,
     assess an additional service fee.
        Section 3.  Section 6311 of Title 75 is amended to read:
      § 6311.  Enforcement authority.
        If a driver fails or refuses to comply with the requirements
     of a police officer or qualified Commonwealth employee given
     pursuant to this title, the police officer or Commonwealth
     employee shall have authority to take the vehicle into temporary
     custody for the purpose of inspecting, testing or weighing the
     vehicle, its equipment, documents or load. In addition to any
     fine or penalty attributable to the weight, inspection, test or
     other offense, any driver who fails or refuses to comply commits
     a summary offense and shall, upon conviction, be sentenced to
     pay a fine of $500. Any costs incurred in weighing, testing or
     inspecting shall be paid by the driver to the person or agency
     incurring the costs or to the issuing authority for payment to
     the person or agency incurring the costs.
        Section 4.  Title 75 is amended by adding a chapter to read:
                                CHAPTER 72
                            ALTERNATIVE FUELS
     Sec.
     7201.  Definitions.
     7202.  Alternative Fuels Incentive Grant Fund.
     7203.  Reports.
     7204.  Appropriation.
      § 7201.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Alcohols."  Fuels composed of 85% ethanol or methanol and
     15% gasoline.
        "Alternative fuels."  Motor vehicle fuels and fuel systems
     which when compared to conventional gasoline or reformulated
     gasoline, will result in lower emissions of oxides of nitrogen,
     volatile organic compounds, carbon monoxide or particulates or
     any combination thereof. These shall include compressed natural
     gas (CNG), liquified natural gas (LNG), liquid propane gas
     (LPG), alcohols (ethanol - e85 and methanol - m85), hydrogen,
     hythane (a combination of CNG and hydrogen) and electricity.
        "Bi-fuel" or "dual-fuel."  Vehicles that operate on an
     alternative fuel and gasoline or an alternative fuel and diesel
     fuel.
        "Dedicated vehicle."  A vehicle which runs exclusively on an
     alternative fuel. This term includes original equipment
     manufacturer vehicles.
        "Diesel fuel."  Diesel engine fuel and all other liquids
     suitable for the generation of power for the propulsion of motor
     vehicles except gasoline.
        "Fund."  The Alternative Fuels Incentive Grant Fund.
        "Gallon."  The quantity of fluid or liquid at a temperature
     of 60 degrees Fahrenheit necessary to completely fill a United
     States standard gallon liquid measure.
        "Gasoline."  The same as a motor fuel and also means every
     liquid petroleum product, or combination thereof, other than
     solvents having an Atmospheric Pressure Index gravity of 46
     degrees or above at a temperature of 60 degrees Fahrenheit and
     at atmospheric pressure and includes drip, casinghead or natural
     gasoline. The term includes liquid of less than 46 degrees
     Atmospheric Pressure Index gravity at a temperature of 60
     degrees Fahrenheit compounded, blended, manufactured or
     otherwise produced by mixing or blending gasoline or solvents
     with blending materials when the blended product can be used for
     generating power in internal combustion engines.
        "Incremental cost."  The difference between the purchase
     price of a dedicated vehicle and the purchase price of a
     gasoline-only fueled vehicle.
        "OEM."  The original equipment manufacturer.
        "OEM vehicle."  A vehicle originally manufactured to run
     exclusively on an alternative fuel.
        "PEO."  The Pennsylvania Energy Office.
        "Retrofit."  Installing an alternative fuel system into an
     existing gasoline fueled vehicle.
      § 7202.  Alternative Fuels Incentive Grant Fund.
        (a)  Establishment.--There is hereby established a separate
     account in the State Treasury to be known as the Alternative
     Fuels Incentive Grant Fund. This fund shall be administered by
     the PEO. The fund shall consist of that portion of revenues
     collected under the utilities gross receipts tax as set forth in
     section 7204 (relating to appropriation).
        (b)  Expenditures.--
            (1)  Moneys from the fund shall be expended by the PEO as
        grants to school districts, municipal authorities, political
        subdivisions, nonprofit entities and corporations or
        partnerships incorporated or registered in this Commonwealth
        and to residents of this Commonwealth to meet 60% of the
        expenses relative to retrofitting vehicles to operate on
        alternative fuels as either a bi-fuel, dual-fuel or dedicated
        vehicle, including the incremental cost of purchase of
        dedicated vehicles and to meet 60% of the cost to install the
        necessary fueling equipment. Two years after the effective
        date of this chapter and for every two-year period
        thereafter, the grant funding amount offered by the PEO shall
        be reduced 10% until it reaches 20% of the retrofit cost
        where it will remain until economic or other conditions
        warrant it be changed.
            (2)  No more than 5% of the fund may be used to
        administer the provisions of this chapter.
            (3)  No more than 10% of the fund may go to any one
        school district, municipal authority, political subdivision,
        nonprofit entity, corporation or partnership in any one year,
        provided that the total amount of grants made to grant
        recipients within a political subdivision in a year shall not
        exceed 15% of the fund.
        (c)  Regulatory powers.--The PEO shall promulgate regulations
     necessary to carry out the provisions of this chapter which
     shall include a method by which grant applications will be
     prioritized according but not limited to the following goals
     and/or criteria:
            (1)  The improvement of this Commonwealth's air quality.
            (2)  The fulfillment of the State's requirements under
        the Clean Air Act (Public Law 95-95, 42 U.S.C. § 7401 et
        seq.).
            (3)  The protection of this Commonwealth's natural
        environment, including land, water and wildlife.
            (4)  The advancement of economic development in this
        Commonwealth and the promotion of this Commonwealth's
        indigenous resources.
            (5)  The reduction of this Commonwealth's dependence on
        imported crude oil and other petroleum products.
            (6)  The most cost-effective use of private and public
        funding.
            (7)  The transfer and commercialization of innovative
        energy technologies.
      § 7203.  Reports.
        (a)  Annual report.--The PEO shall annually make a report to
     the General Assembly on the activities undertaken pursuant to
     this chapter, including the number of grants awarded and other
     expenditures from the fund.
        (b)  Special report.--The Department of Revenue, in
     consultation with the PEO and the Department of Transportation,
     shall submit a report to the General Assembly within two years
     after the effective date of this chapter which analyzes the
     impact of alternatively fueled vehicles on revenue from State
     taxes on motor fuels at the time and projected five years into
     the future and make recommendations on mechanisms to replace any
     revenue losses.
      § 7204.  Appropriation.
        There is hereby allocated from the General Fund, on an annual
     basis, an amount equal to 0.25 mills of the utilities' gross
     receipts tax collected during each fiscal year under Article XI
     of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
     Reform Code of 1971. All moneys in this fund are hereby
     appropriated to the Pennsylvania Energy Office on a continuing
     basis to carry out this chapter.
        Section 5.  Until implementation of an enhanced emission
     inspection program under 75 Pa.C.S. § 4706(b.1), the Department
     of Transportation may continue to utilize any emission
     inspection program developed under 75 Pa.C.S. § 4706(b).
        Section 6.  For the first year of enhanced emission testing
     in those areas previously designated by the Department of
     Transportation as requiring emission inspection, the department
     shall require one-half of all subject vehicles to undergo an
     antitampering emission inspection at a reduced fee. Warnings in
     accordance with the provisions of 75 Pa.C.S. § 4706(c)(1)(ii)
     shall be issued as warranted. Those vehicles selected for
     antitampering inspection shall be required to undergo a complete
     enhanced emission inspection the following year as provided
     under this act. The remaining subject vehicles shall undergo a
     complete enhanced emission inspection in accordance with the
     provisions of this act. In those areas not previously designated
     by the department as requiring emission inspection, the
     department shall require one-half of all subject vehicles to
     undergo a complete enhanced emission inspection as provided
     under this act. The remaining subject vehicles shall undergo a
     complete enhanced emission inspection the following year in
     accordance with the provisions of this act.
        Section 7.  The Department of Environmental Resources may by
     regulation establish a program known as "Cash for Clunkers."
     Under this program, the owner or operator of a stationary source
     of air pollution would purchase and permanently remove from
     registered use any pre-1981 model-year passenger motor vehicle.
     Proof of permanent removal from use would be by a certificate of
     salvage issued under 75 Pa.C.S. § 1117. Upon presentation of
     these certificates or certified copies to the department, the
     department shall award the appropriate emission credit to the
     owner or operator of the stationary air pollution source.
        Section 8.  (a)  The Department of Transportation shall:
            (1)  Within 18 months of enactment of this act,
        investigate the methods by which other states provide
        decentralized vehicle and driver license transaction
        services.
            (2)  Within 18 months of enactment of this act,
        investigate opportunities available to provide decentralized
        motor vehicle and driver license transaction services through
        private entities.
            (3)  Within 18 months of enactment of this act,
        investigate available technological means by which citizens
        may routinely obtain motor vehicle and driver license
        transaction services through self-service terminals, direct
        or indirect telephone linkage to departmental computers or
        similar systems.
            (4)  Within six months of enactment of this act, install
        at least three pilot programs of private sector,
        decentralized services for motor vehicle and driver license
        transactions, including, but not limited to, at least three
        vehicle dealerships, decentralized agents or other private
        business entities who, notwithstanding any other provision of
        75 Pa.C.S. or departmental regulations, shall be temporarily
        authorized to obtain real time or on-line access to the
        department's data bases to read motor vehicle records and
        information and driver license records after first obtaining
        the written consent of the person who is the subject of the
        record as provided under 75 Pa.C.S. § 6114. Computerized and
        electronically recorded data may be submitted to the
        department for the purpose of updating records. The
        department shall permit temporarily authorized dealerships,
        decentralized agents or business entities to issue
        accountable documents which, as determined by the department,
        may include registration plates, cards and stickers and
        driver licenses. The temporarily authorized dealerships,
        decentralized agents or private business entities shall not
        have been previously sanctioned by the department for
        violations of 75 Pa.C.S. or departmental regulations within
        the past three years. Temporarily authorized dealerships,
        decentralized agents or private business entities shall be
        permitted to charge a reasonable fee to customers for
        providing these services.
            (5)  Within 18 months of enactment of this act, provide a
        written report of the aforementioned activities to the
        Transportation Committee of the Senate and the Transportation
        Committee of the House of Representatives.
        (b)  In pursuing the directives of subsection (a), the
     department is authorized to do the following:
            (1)  Contract with private entities for the purpose of
        development, administration and operation of a system which
        will permit electronic transactions and payment by credit or
        debit card or electronic funds transfer. A third party
        operating a secured-host computer system interfacing with the
        department's computer system shall be bonded in an amount
        specified by the department and will maintain transaction
        audit trails for a period of time specified by the
        department. In lieu of the cost of administration and
        collection which the department would otherwise incur, the
        department is authorized to pay a reasonable fee to any
        dealership, decentralized agent or other private business
        entity for data entry, collection of fees and electronic
        transfer of such fees to the department.
            (2)  Conduct transactions by electronic means through
        real time access if the department determines that electronic
        transactions will improve service to the public without
        adversely affecting the security and accuracy of departmental
        records.
            (3)  Implement procedures to certify the accuracy of
        electronic transactions.
        (c)  Notwithstanding any other provision of law, a written or
     printed report of an electronic transaction permitted under this
     section if certified as true and correct by the department, may
     serve as evidence of any signature, acknowledgment or
     information which was provided to the department by electronic
     means, and such certification shall be admissible in any legal
     proceeding as evidence of the facts stated within the
     certification.
        (d)  After submitting the written report to the
     Transportation Committee of the Senate and the Transportation
     Committee of the House of Representatives as required under
     subsection (a)(5), the department shall be authorized to and may
     take the necessary steps to expand the pilot program required
     under subsection (a)(4) on a permanent Statewide basis unless
     otherwise directed to terminate the program through a concurrent
     resolution enacted by the General Assembly.
        (e)  If subsection (c) or its application to any person or
     circumstance is held invalid, the remaining provisions or
     applications of this section are void.
        Section 9.  This act shall take effect as follows:
            (1)  The amendment or addition of 75 Pa.C.S. §§ 4706(b.1)
        and (e), 4710 and 6116 and section 8 of this act shall take
        effect immediately.
            (2)  The addition of 75 Pa.C.S. Ch. 72 shall take effect
        July 1, 1993.
            (3)  The remainder of this act shall take effect 60 days
        after the Department of Transportation certifies by notice in
        the Pennsylvania Bulletin that an enhanced emission
        inspection program will commence.

     APPROVED--The 16th day of December, A. D. 1992.

     ROBERT P. CASEY