Original Notice.

Preproposal statement of inquiry was filed as WSR 99-15-092.

Title of Rule: WAC 173-422-130 Inspection fees, 173-422-160 Fleet and diesel owner vehicle testing requirements, and 173-422-170 Exemptions.

Purpose: The purpose of this rule revision is to allow the current vehicle emission inspection fee of $12 to increase up to $15 after January 1, 2000, and incorporate additional exemptions from emission testing adopted by the legislature. A test fee increase is needed because (1) the 1998 legislature reduced the number of vehicles to be tested by about 20%, (2) test station contractor costs have increased, and (3) the requirement that the emission check program be self-supporting.

Statutory Authority for Adoption: RCW 70.120.120.

Statute Being Implemented: RCW 46.16.015, 70.120.120, 70.120.170.

Summary: This rule revision is to allow the current vehicle emission inspection fee of $12 to increase up to $15 after January 1, 2000, and incorporate additional exemptions from emission testing adopted by the legislature.

Reasons Supporting Proposal: A test fee increase is needed because (1) the 1998 legislature reduced the number of vehicles to be tested by about 20%, (2) test station contractor costs have increased, and (3) the requirement that the emission check program be self-supporting.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Raymond, Olympia, (360) 407-6856.

Name of Proponent: Department of Ecology, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule revision is to allow the current vehicle emission inspection fee of $12 to increase up to $15 after January 1, 2000, and incorporate additional exemptions from emission testing adopted by the legislature. Approximately 20% fewer vehicles will be emission tested, therefore, the test fee will increase to $15.

Proposal Changes the Following Existing Rules: This proposal allows the current vehicle emission inspection fee of $12 to increase up to $15 after January 1, 2000, and incorporates additional exemptions from emission testing adopted by the legislature.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This statement is not required since the proposal follows state law, which requires a uniform test fee within a test area. The Department of Ecology does not have the ability to modify the test fee for any class of vehicle owners.

RCW 34.05.328 does not apply to this rule adoption. This section does not apply to "Rules that set or adjust fees or rates pursuant to legislative standards," RCW 34.05.328 (5)(b)(vi).

Hearing Location: On October 26, 1999, at 7 p.m., Department of Ecology, 3190 160th Avenue S.E., Bellevue; on

October 27, 1999, at 7 p.m., Clark College, Foster Auditorium, 1800 East McLoughlin Boulevard, Vancouver; on October 28, 1999, at 7 p.m., Spokane County Public Health Center, West 1101 College Avenue, Room 140; on November 3, 1999, at 7 p.m., Snohomish County Administration Building, Ginni Stevens Room, 3000 Rockefeller Avenue, Everett; and on November 4, 1999, at 7 p.m., Pierce County Health Department, 37th and Pacific, 3629 South 'D' Street, Tacoma.

Assistance for Persons with Disabilities: Contact Sandi Newton by October 21, 1999, TDD (360) 407-6006, or (360) 407-6826.

Submit Written Comments to: John Raymond, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail jray461@ecy.wa.gov, fax (360) 407-6802, by November 12, 1999.

Date of Intended Adoption: November 22, 1999.

September 15, 1999

Daniel J. Silver

Deputy Director

OTS-3168.2

AMENDATORY SECTION(Amending Order 93-10, filed 2/8/94, effective 3/11/94)

WAC 173-422-130
Inspection fees.

At an inspection facility operated under contract to the state, the fee for the first emission inspection on each vehicle applicable to a vehicle license year shall be ((twelve)) fifteen or less dollars.  If the vehicle fails, one reinspection will be provided free of charge at any inspection station operated under contract to the state, provided that the reinspection is applicable to the same vehicle license year.  Any additional reinspection of a failed vehicle applicable to the same vehicle license year will require the payment of ((twelve)) fifteen or less dollars.

[Statutory Authority: Chapter 70.120 RCW.  94-05-039 (Order 93-10), § 173-422-130, filed 2/8/94, effective 3/11/94.  Statutory Authority: RCW 70.120.170 (4)(a).  93-20-010 (Order 93-15), § 173-422-130, filed 9/22/93, effective 10/23/93.  Statutory Authority: Chapter 70.120 RCW.  93-10-062 (Order 91-46), § 173-422-130, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-130, filed 3/6/90, effective 4/6/90.  Statutory Authority: RCW 70.120.040(7).  87-02-051 (Order DE 86-32), § 173-422-130, filed 1/7/87, effective 4/1/87.  Statutory Authority: RCW 70.120.120.  82-02-027 (Order DE 81-32), § 173-422-130, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-130, filed 2/28/80.]

The department may authorize emission inspections by fleet operators including government agencies and the owners of diesel motor vehicles with a gross vehicle weight rating in excess of 8500 pounds or by an automotive service or testing facility engaged by the vehicle owner for such activity.  Authorizations to conduct emission tests and issue certificates of compliance under this section are limited to authorized fleet vehicles or diesel vehicles with a gross vehicle weight rating in excess of 8500 pounds.

(1) All persons engaged in testing of gasoline fleet or diesel vehicles must comply with all applicable provisions of this chapter except as approved by the department.

(2) All persons conducting tests for the purpose of issuing certificates for fleet or diesel vehicles shall be ecology authorized emission specialists.

(3) Legibly completed forms will constitute certificates of compliance for licensing purposes.  Any person conducting testing under this section shall forward to the department within ten working days after the end of each month, a copy of each certificate of compliance issued during that month.  Copies of each certificate of compliance shall be retained by the person issuing the certificate for at least two years from date of issuance.  Alternative arrangements for providing and or storing this information using automated data storage devices may be approved or required by the department.

Forms must be purchased from the department in advance of issuance through payment of ((twelve)) fifteen or less dollars to the department for each certificate requested.  Refunds or credit may be given for unused certificates returned to the department.

Payment for fleet forms is waived for state and local government fleets.

Test forms provided under this section are official documents.  Persons receiving the forms from the department are accountable for each form provided.

Voided forms must be handled the same as certificates of compliance.  One copy shall be sent to the department within ten days after the end of the month in which the form was voided and one copy shall be retained by the person accountable for the forms for at least two years after date of voiding.  Refunds will not be made for voided forms.

(4) All persons authorized to conduct fleet or government vehicle inspections under this section shall be subject to performance audits and compliance inspections by the department, during normal business hours.

(5) Fleet vehicles may be inspected any time between their scheduled license renewals.

(6) Certificates of acceptance may not be issued under this section.

[Statutory Authority: Chapter 70.120 RCW.  95-06-068 (Order 93-35), § 173-422-160, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-160, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-160, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-160, filed 3/6/90, effective 4/6/90.  Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1).  83-23-115 (Order DE 83-31), § 173-422-160, filed 11/23/83, effective 1/2/84.  Statutory Authority: RCW 70.120.120.  82-02-027 (Order DE 81-32), § 173-422-160, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-160, filed 2/28/80.]

The following motor vehicles are exempt from the inspection requirement:

(1) Vehicles proportionally registered pursuant to chapter 46.85 RCW.

(2) ((Vehicles whose model year is 1967 or earlier.

(3))) New motor vehicles whose equitable or legal title has never been transferred to a person who in good faith purchases the vehicle for purposes other than resale; this does not exempt motor vehicles that are or have been leased.

(((4))) (3) Motor vehicles that use propulsion units powered exclusively by electricity.

(((5))) (4) Motor-driven cycles as defined in chapter 46.04 RCW as amended.

(((6))) (5) Farm vehicles as defined in chapter 46.04 RCW as amended.

(((7))) (6) Vehicles not required to be licensed.

(((8))) (7) Mopeds as defined in chapter 46.04 RCW as amended.

(((9))) (8) Vehicles garaged and operated out of the emission contributing area.

(((10))) (9) Vehicles registered with the state but not for highway use.

(((11))) (10) Used vehicles at the time of sale by a Washington licensed motor vehicle dealer.

(((12))) (11) Motor vehicles fueled by propane, compressed natural gas, or liquid petroleum gas and so registered by the department of licensing.

(((13))) (12) Motor vehicles whose manufacturer or engine manufacturer provides information that the vehicle cannot meet emission standards because of its design.  In lieu of exempting these vehicles, alternative standards and or inspection procedures may be established.

(((14))) (13) Motor vehicles whose registered ownership is being transferred between parents, siblings, grandparents, grandchildren, spouse or present co-owners and all transfers to the legal owner or a public agency.

(((15))) (14) To ensure a biennial inspection of vehicles registered in the emission contributing areas, motor vehicles with model year matching (even to even, odd to odd) the expiration year of the license being purchased.  This (([exemption])) exemption does not apply to vehicles being inspected because the registered owner is being changed.  (([However, (a) an emission inspection used to change the registered owner may also be used to renew the current license; (b) an emission inspection used to obtain the current license may also be used to change the registered owner.])) However, (a) an emission inspection used to change the registered owner may also be used to renew the current license; (b) an emission inspection used to obtain the current license may also be used to change the registered owner.

(((16) When the model year of the vehicle is the same as [or greater than] the year in which the vehicle's license expires.

(17))) (15) When the difference between the model year of the vehicle and the expiration year of the license being purchased is four or less.  ((This exemption applies only to vehicles registered in the Clark County United States Postal Service Zip Codes 98604, 98606, 98629, and 98642.))

(16) When the difference between the model year of the vehicle and the expiration year of the license being purchased is twenty-six or greater.

[Statutory Authority: Chapter 70.120 RCW.  96-23-030 (Order 96-11), § 173-422-170, filed 11/15/96, effective 12/16/96; 96-21-029 (Order 95-11), § 173-422-170, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), § 173-422-170, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-170, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-170, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-170, filed 3/6/90, effective 4/6/90.  Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1).  83-23-115 (Order DE 83-31), § 173-422-170, filed 11/23/83, effective 1/2/84.  Statutory Authority: RCW 70.120.120.  82-02-027 (Order DE 81-32), § 173-422-170, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-170, filed 2/28/80.]

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