GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

H                                                                                                                                                   D

HOUSE DRH50296-LD-117  (3/30)

Short Title:     Low Emission Vehicles/Funds.		(Public)
Sponsors:	Representatives Alexander, Carney, Hackney, and Harrison (Primary Sponsors).
Referred to:

A BILL TO BE ENTITLED

AN ACT to establish the north carolina Low-EMISSION VEHICLES program.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143-215.111 is amended by adding a new subdivision to read:

"(6) To adopt rules to implement a low-emission vehicle program that is the functional equivalent of the low-emission vehicle program established under the laws of the State of California as set forth in final regulations issued by the California Air Resources Board pursuant to Title 13 of the California Code of Regulations and promulgated under the authority of Division 26 of the California Health and Safety Code, as amended from time to time."

SECTION 2.  The Environmental Management Commission shall adopt rules to establish motor vehicle emissions standards and compliance requirements that are functionally equivalent to those applicable under the laws of the State of California pursuant to G.S. 143-215.111(6), as enacted by Section 1 of this act.  The rules shall include motor vehicle emissions inspection, recall, and warranty requirements that are functionally equivalent to those applicable under the laws of the State of California.  These rules shall apply to motor vehicles of the 2008 model year and each model year thereafter, except these rules shall apply to new light-duty cars and light-duty trucks, as defined in G.S. 143-215.107C, of the 2007 model year and each model year thereafter for light-duty cars and trucks that are subject to Section 3 through Section 6 of this act. To minimize the administrative impact of the low-emission vehicle program and to minimize the impact of motor vehicle emissions generated out of this State on the air quality of this State, the Commission:

(1)       May adopt rules to incorporate regulations issued by the California Air Resources Board and other applicable rules, procedures, and certification data by reference.

(2)       May work in cooperation and enter into contracts or agreements with the State of California, other states that have implemented a low-emission vehicle program that is functionally equivalent to the low-emission vehicle program established by this act, and the District of Columbia to administer certification, in-use compliance, inspection, recall, and warranty requirements for the low-emission vehicle program under this act.

(3)       Shall work in conjunction with other states and the District of Columbia to promote and facilitate the regional adoption of low-emission vehicle programs that are functionally equivalent to the low-emission vehicle program established by this act.

SECTION 3.  Article 3 of Chapter 143 of the General Statutes is amended by adding a new section to read:

"§ 143-58.4.  Purchase of low-emission vehicles.

(a) When any State department, institution, or agency purchases a new light-duty car or a new light-duty truck, as defined in G.S. 143-215-107C, of model year 2007 or any model year thereafter, the car or truck shall comply with rules adopted pursuant to G.S. 143-215.111(6). The Secretary of Administration and each State department, institution, and agency shall review and revise its bid procedures and specifications to make them consistent with the requirements of this section.

(b) When any community college, local school administrative unit, or political subdivision of the State purchases a new light-duty car or a new light-duty truck, as defined in G.S. 143-215-107C, of model year 2007 or any model year thereafter, using any State funds, the vehicle shall comply with rules adopted pursuant to G.S. 143-215.111(6)."

SECTION 4.  Article 2 of Chapter 136 of the General Statutes is amended by adding a new section to read:

"§ 136-28.13.  Purchase of low-emission vehicles.

When the Department of Transportation purchases a new light-duty car or a new light-duty truck, as defined in G.S. 143-215-107C, of model year 2007 or any model year thereafter, the car or truck shall comply with rules adopted pursuant to G.S. 143-215.111(6). The Secretary of Transportation shall review and revise its bid procedures and specifications to make them consistent with the requirements of this section."

SECTION 5.  G.S. 143-341(8)i. reads as rewritten:

"i.         To establish and operate a central motor pool and such subsidiary related facilities as the Secretary may deem necessary, and to that end:

…

2.         To acquire passenger motor vehicles by transfer from other State agencies and by purchase. All motor vehicles transferred to or purchased by the Department shall become part of a central motor pool. All new light-duty cars and new light-duty trucks, as defined in G.S. 143-215-107C, of model year 2007 or any model year thereafter, that are transferred to or purchased by the Department shall comply with rules adopted pursuant to G.S. 143-215.111(6).

…."

SECTION 6.  G.S. 143-215.107C reads as rewritten:

"§ 143-215.107C.  State agency goals, plans, duties, and reports.

(a)       As used in this section, alternative-fueled vehicleThe following definitions apply to this section:

(1) 'Alternative-fueled vehicle' means a motor vehicle capable of operating on electricity; natural gas; propane; hydrogen; reformulated gasoline; ethanol; other alcohol fuels, separately or in mixtures of eighty-five percent (85%) or more of alcohol by volume; or fuels, other than alcohol, derived from biological materials. For purposes of this section, a vehicle that has been converted to operate on a fuel other than the fuel for which it was originally designed is not a new or replacement vehicle.

(2) 'Light-duty car' means a passenger vehicle, as defined in G.S. 20-4.01, that is rated at 8,500 pounds or less Gross Vehicle Weight Rating (GVWR).

(3) 'Light-duty truck' means a truck that is rated at 8,500 pounds or less Gross Vehicle Weight Rating (GVWR).

(4) 'New vehicle' means a new motor vehicle as defined in G.S. 20-286(10). New vehicle does not include a vehicle that has converted to operate on a fuel other than the fuel for which it was originally designed.

(5) 'Replacement vehicle' does not include a vehicle that has converted to operate on a fuel other than the fuel for which it was originally designed.

(b)       It Subject to subsection (b1) of this section, it shall be the goal of the State that on and after 1 January 2004 at least seventy-five percent (75%) of the new or replacement light-duty cars and trucks purchased by the State will be alternative-fueled vehicles or low-emission vehicles. The Department of Administration, the Department of Transportation, and the Department of Environment and Natural Resources shall jointly develop a plan to achieve this goal and to fuel and maintain these vehicles. For purposes of this section, a light-duty car or truck is one that is rated at 8,500 pounds or less Gross Vehicle Weight Rating (GVWR).

(b1) All new light-duty cars and new light-duty trucks of model year 2007 and each model year thereafter that are purchased wholly or in part with State funds shall be low-emission cars or trucks and shall comply with rules adopted pursuant to G.S. 143-215.111(6).

(c)       The Department of Environment and Natural Resources shall report on progress in increasing the use of alternative-fueled and low-emission light-duty cars and trucks in privately owned fleets to the Environmental Review Commission on or before 1 October of each year beginning 1 October 2001.

(d)       The Department of Administration, the Office of State Personnel, the Department of Transportation, and the Department of Environment and Natural Resources shall jointly develop and periodically update a plan to reduce vehicle miles traveled by State employees and vehicle emissions resulting from job-related travel, including commuting to and from work. The plan shall consider the use of carpooling, vanpooling, public transportation, incentives, and other appropriate strategies. The Office of State Personnel shall report on the development and implementation of the plan to the Joint Legislative Transportation Oversight Committee and the Environmental Review Commission on or before 1 October of each year beginning 1 October, 2000.

(e)       The Department of Transportation, the Department of Commerce, and the Department of Environment and Natural Resources shall jointly develop and periodically update a plan to reduce vehicle miles traveled by private sector employees and vehicle emissions resulting from job-related travel, including commuting to and from work. The plan shall consider the use of incentives for both private sector employees and employers, carpooling, vanpooling, public transportation, and other appropriate strategies. The Department of Transportation shall report on the development and implementation of the plan to the Joint Legislative Transportation Oversight Committee and the Environmental Review Commission on or before 1 October of each year beginning 1 October 2000.

(f)        The Office of State Personnel shall implement a policy that promotes telework/telecommuting for State employees as recommended by the report of the State Auditor entitled "Establishing a Formal Telework/Telecommuting Program for State Employees" and dated October 1997. It shall be the goal of the State to reduce State employee vehicle miles traveled in commuting by twenty percent (20%) without reducing total work hours or productivity. The Office of State Personnel shall report on progress in implementing this section to the Environmental Review Commission on or before 1 October of each year beginning 1 October 2000."

SECTION 7.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20-54.2.  Title and registration of low-emission vehicles; exemptions; penalties.

(a) The Division shall refuse issuance of a certificate of title or registration or any transfer of registration of a motor vehicle that is subject to but does not comply with rules adopted pursuant to G.S. 143-215.111(6).

(b) The Governor may, in consultation with the Secretary of Transportation and the Secretary of Environment and Natural Resources, exempt certain motor vehicles from rules adopted pursuant to G.S. 143-215.111(6).

(1) Exemptions established under this subsection shall be limited to motor vehicles that would be exempted from the low-emission vehicle program established under the laws of the State of California.

(2) Any motor vehicle exempted under this subsection shall be permanently exempt from rules adopted pursuant to G.S. 143-215.111(6). The Division shall note the exemption on the title of the motor vehicle.

(c) The Department, in consultation with the Department of Environment and Natural Resources, shall adopt rules to prohibit the transfer of motor vehicles or motor vehicle engines that are not in compliance with rules adopted pursuant to G.S. 143-215.111(6) if the rules are necessary to achieve equivalence with the low-emission vehicle program established under the laws of the State of California.(d) A person shall not transfer or attempt to transfer a motor vehicle or motor vehicle engine that is subject to but does not comply with rules adopted pursuant to G.S. 143-215.111(6).

(e) A person may not procure or attempt to procure through fraud or misrepresentation the title or registration of a motor vehicle that is subject to but does not comply with rules adopted pursuant to G.S. 143-215.111(6).

(f) The enforcement and penalty provisions of this Article shall apply to a violation of this section and the rules adopted pursuant to this section.

(g) Each transfer and each attempted transfer of a motor vehicle or motor vehicle engine that does not comply with rules adopted pursuant to G.S. 143-215.111(6) shall constitute a separate violation.

(h) As used in this section, 'transfer' means to acquire, purchase, sell, or lease."

SECTION 8.  There is appropriated from the General Fund to the Department of Environment and Natural Resources the sum of ten thousand dollars ($10,000) for the 2005-2006 fiscal year to implement the provisions of Section 2 of this act.

SECTION 9.  There is appropriated from the General Fund to the Department of Transportation the sum of ten thousand dollars ($10,000) for the 2005-2006 fiscal year to implement the provisions of Section 3 of this act.

SECTION 10.  Section 7 of this act becomes effective January 1, 2007, and Section 7 of this act applies to offenses committed on or after that date. The remaining sections of this act become effective July 1, 2005.