This bill updates Colorado’s vehicle emissions inspection program by extending contract flexibility, increasing fee caps, expanding enforcement authority, and establishing financial assistance for low-income drivers.
KEY PROVISIONS
Emissions Testing Contract Length
Current law sets limits on how long the state can contract for emissions testing.
Change: The bill removes time limits and gives the Department of Public Health and Environment (CDPHE) discretion to set contract lengths.
Fee Increases Authorized
Current fees:
$25 max for 1982+ vehicles
$15 max for 1981 and older
New caps via rulemaking:
Up to $50 for “clean screen” tests on newer vehicles
Up to $30 for older vehicle tests at licensed stations
Expanded Testing Requirements
CDPHE may require emissions compliance for:
Vehicles registered outside the program area but used frequently within it
Vehicles in nonattainment areas flagged by clean screen tech as having high emissions, even if exempt from periodic inspection
Reporting Tampered Emissions Systems
If a vehicle's emissions system is found to be disconnected or tampered, CDPHE can notify the Department of Revenue.
Creation of the Motor Vehicle Emissions Assistance Fund
Redirects $1 million annually from the Community Impact Cash Fund
Funds can be used for:
Paying inspection fees for low-income individuals in public assistance programs
Emissions-related repairs or adjustments needed for compliance
Any amount over $250,000 unspent returns to the original fund annually
CDPHE may accept private gifts, grants, or donations to support the program
Administrative Transfer
Moves $5,674 from the AIR account (highway users tax fund) to the DRIVES vehicle services account for implementation.
SIGNIFICANCE
Modernizes and strengthens emissions enforcement.
Helps low-income residents comply with air quality laws.
Expands reach into high-pollution areas even outside formally regulated zones.
Enables faster contract and rule updates as technology evolves.
Summary
Under current law, the state contracts to conduct emissions testing.
Current law also sets limits on how long the contracts may run. The bill repeals these limits and authorizes the division of administration in the department of public health and environment (division) to determine the length of each contract. Current law also authorizes a vehicle emissions inspection facility to charge a fee that is set by the air quality control commission (commission), but the fee is capped at $25 for model year 1982 and newer vehicles and $15 for model year 1981 and older vehicles. The bill authorizes the commission to adopt rules adjusting this fee limit, but the commission is limited to adjusting:
•
The $15 maximum fee to $30 when a licensed inspection and readjustment station inspects vehicles model year 1981 and older; and
•
The $25 maximum fee to $50 for a clean screen inspection performed on vehicles registered in the basic emissions program that are model year 1982 and newer.
The commission may adopt rules requiring the emissions
compliance of vehicles that have failed an emissions test and that are registered outside of the program area but that operate within the program area.
The bill requires the commission to adopt rules requiring
inspections of motor vehicles that are registered in the nonattainment area and identified as having excess emissions under the clean screen program and are either within the 2-year vehicle inspection cycle or exempt from periodic inspection.
If a motor vehicle's emissions control system has been
disconnected, deactivated, or rendered inoperable, the division may notify the executive director of the department of revenue.
Under current law, fines and penalties assessed for violations of air
quality laws are deposited in the community impact cash fund. The bill creates a motor vehicle emissions assistance fund (fund) and diverts the first $1 million from the community impact cash fund to the new fund, but at the end of each state fiscal year, any unspent money in the fund exceeding $250,000 is returned to the community impact cash fund.
The division may expend money from the fund to provide grants
for:
•
Paying emissions inspection fees for motor vehicles registered to individuals participating in an established and recognized public assistance program; or
•
Adjustments or emissions-related repairs that are necessary and sufficient to receive a certification of emissions compliance.
The division may accept and expend gifts, grants, and donations. The money in the fund is continuously appropriated. To implement the bill, $5,674 is transferred from the AIR account of the highway users tax fund to the Colorado DRIVES vehicle services account of the fund.
