11Mar2004… 0452h

04/08/04 1106s

25May2004… 1631CofC

25May2004… 1691eba

2004 SESSION

03-2227

03/10

HOUSE BILL 1293

COMMITTEE: Science, Technology and Energy

AMENDED ANALYSIS

This bill modifies the exemptions from the emission control equipment requirements for motor vehicles. This bill also limits certain insurance practices relating to automobile rentals.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2004… 0452h

04/08/04 1106s

25May2004… 1631CofC

25May2004… 1691eba

03-2227

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

Be it Enacted by the Senate and House of Representatives in General Court convened:

245:1 Emission Control Equipment. Amend RSA 266:59-b, I to read as follows:

I.(a) Every motor vehicle driven on the ways of this state which is subject to inspection [after December 31, 1998] under this chapter shall be equipped with all of the emission control equipment which was part of that motor vehicle as originally equipped, and such equipment shall be properly connected to prevent excessive emissions. Motor vehicle inspections conducted in accordance with this chapter shall [visually] include a visual check for the presence and proper connection of the following equipment on vehicles so equipped:

(1) Catalytic converter.

(2) Gas cap.

(3) [Properly fitting fuel inlet restrictor] Evaporative purge canister.

(4) Positive crankcase ventilation (PCV) valve and properly configured hoses.

(5) Properly connected air injection pump/pulse air systems.

(b) The commissioner of the department of safety, in accordance with applicable federal laws and regulations, and in consultation with the commissioner of environmental services, may adopt rules under RSA 541-A to exempt vehicles from those requirements of this section which would require replacement of parts for which replacements cannot be reasonably obtained.

(c) The commissioner of the department of safety, subject to conditions approved in advance by the federal Environmental Protection Agency (EPA), and after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology, and energy committee and the senate environment committee, and with the approval of the air pollution advisory committee, may modify the vehicle emission control inspection program [in any of the following manners] by substituting the exhaust gas recirculation system for one or more of the items in subparagraphs I(a)(4) and I(a)(5), provided that the total effect of [all] such [changes] change is determined to produce a net environmental improvement[:

(1) Substituting one or more of the following items for one or more of the items in subparagraphs I(a) (3), (4), or (5).

(A) Exhaust gas recirculation system.

(B) Evaporative purge canister.

(2) Exempting additional model years in addition to those exempted by paragraph IV].

245:2 Emission Control Equipment. Amend RSA 266:59-b, III to read as follows:

III. For all model year 1996 and newer gasoline-powered and model year 1997 and newer diesel-powered motor vehicles equipped with on-board diagnostic [sensors] systems meeting the federal [Environmental Protection Agency (EPA)] EPA OBD II standards, [after the EPA has implemented OBD II emission test requirements,] the commissioner, after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology, and energy committee and the senate environment committee, and with the approval of the air pollution advisory committee, shall adopt rules under RSA 541-A, which require every motor vehicle driven on the ways of this state which is subject to [state safety] inspection under this chapter, after a date specified by the commissioner, to be tested for OBD II indications of failures as a component of the inspection. To the extent allowed by EPA OBD II policy, OBD II data may be substituted for visual and functional tests required by [paragraphs I and II] paragraph I.

245:3 Emission Control Equipment. Amend RSA 266:59-b, IV to read as follows:

IV. This section shall not apply to vehicles [manufactured prior to the 1975 model year.] 20 or more model years old which shall be determined by subtracting the model year of the vehicle from the calendar year in which the inspection occurs.

V. If a vehicle fails the EPA OBD II test and it passes all other inspection requirements under this chapter, then it shall be issued a temporary waiver that permits its operation for 60 days from the date of issuance, in order to make required repairs. A vehicle shall be eligible for only one such waiver during its inspection cycle.

245:4 Repeal. RSA 266:59-b, II, relative to oxygen sensor testing, is repealed.

245:5 New Paragraph; Unfair Insurance Trade Practices; Coercion in Requiring Certain Automobile Rental. Amend RSA 417:4 by inserting after paragraph XXI the following new paragraph:

XXII. Coercion In Requiring Certain Automobile Rental.

(a) No insurance company, agent, or adjuster shall engage in any act or practice of intimidation, coercion, or threat, for or against any insured person or entity, to use a particular company or location to provide rental automobile services or products.

(b) Nothing shall prohibit any insurance company, agent, or adjuster from providing to such insured person or entity the name of an automobile rental company with which arrangements may have been made with respect to automobile rental services.

245:6 Repeal. RSA 417:4, XXII, relative to automobile rental coercion, is repealed.

245:7 Effective Date.

I. Sections 3 and 5 of this act shall take effect 60 days after its passage.

II. Section 6 of this act shall take effect July 1, 2006.

(Approved: June 15, 2004)

(Effective Date: I. Sections 3 and 5 shall take effect August 14, 2004