Bill Text - HB539 (2011)

Repealing the state enforcement of OBD II requirements for motor vehicles.


Revision: Feb. 1, 2011, midnight

HB 539-FN – AS INTRODUCED

2011 SESSION

11-0735

03/05

HOUSE BILL 539-FN

AN ACT repealing the state enforcement of OBD II requirements for motor vehicles.

SPONSORS: Rep. Gionet, Graf 3; Rep. Ladd, Graf 5; Rep. Bates, Rock 4; Rep. Bradley, Graf 4; Sen. Gallus, Dist 1

COMMITTEE: Transportation

ANALYSIS

This bill repeals the state enforcement of OBD II requirements for motor vehicles.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0735

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT repealing the state enforcement of OBD II requirements for motor vehicles.

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

1 Inspection Fees. Amend RSA 266:1, VII to read as follows:

VII. Each inspection station shall conspicuously post on the outside of the building a sign showing the inspection fee charged [and the additional fee charged for OBD II testing under RSA 266:59-b. No inspection station shall include of the cost of OBD II testing or reporting in the inspection fee charged for a vehicle not subject to the OBD II requirements under RSA 266:59-b].

2 Electronic Inspection Data. Amend RSA 266:1, VII-a(a)(3) to read as follows:

(3) Fleet motor vehicle inspection stations [for non-OBD II vehicles].

3 Repeal. The following are repealed:

I. RSA 21-P:4, XII-XIII, relative to duties of commissioner.

II. RSA 266:1, V-a, relative to motorcycle only inspection stations.

III. RSA 266:59-b, III, relative to emission control equipment.

IV. RSA 266:59-b, V-VII, relative to OBD II testing.

4 Effective Date. This act shall take effect 60 days after its passage.

LBAO

11-0735

Revised 01/27/11

HB 539 FISCAL NOTE

AN ACT repealing the state enforcement of OBD II requirements for motor vehicles.

FISCAL IMPACT:

      The Department of Safety states this bill will reduce state highway fund revenue and local revenue, and may increase state highway fund expenditures by an indeterminable amount in FY 2012 and each year thereafter. This bill will have no impact on county revenues or county and local expenditures.

METHODOLOGY:

      The Department of Safety states this bill repeals the state enforcement of OBD II requirements for motor vehicles. The Department states if the OBD II testing is no longer required, federal highway funding to the state may be reduced by an indeterminable amount if the state no longer met the State Implementation Plan (SIP) currently in place with the U.S. Environmental Protection Agency. Additionally, the Department currently receives fines to the highway fund annually from inspection stations and mechanics which do not meet the requirements of the program and fees from motorcycle only inspection stations to authorize them to conduct inspections, both of which the Department estimates to be under $10,000 annually but would be discontinued with the passage of this bill. The local Highway Aid of 12% to towns will also be reduced by the reduction in Highway Fund revenue derived from fines. The Department is unable to estimate the fiscal impact at this time.

    The current OBD II testing contractor furnishes electronic testing results for all inspection data, and its system may not be continue to be available to the state and the inspection stations with the elimination of OBD II testing requirements. The Department assumes it would still want to receive automated reports and track inspection data from the inspection stations, so state highway fund expenditures will increase by an indeterminable amount if the Department has to purchase or develop another reporting system.