History: 1971 act replaced clean air commission with commissioner of environmental protection; P.A. 75-577 added
Subsec. (d); P.A. 78-335 included deadline for minimum exhaust emission standards in Subsec. (b), replaced Subsecs. (c)
and (d) with new provisions re compliance with standards and added Subsecs. (e) to (k) further detailing emissions inspection
program; Sec. 14-100c transferred to Sec. 14-164c in 1979; P.A. 79-238 changed deadline for required repairs in Subsec.
(a) from ten to thirty days after notice, changed deadline for standards definition in Subsec. (b) from January 1, 1980, to
November 1, 1979, and added provision re periodic review and revision, required adoption of regulations in Subsec. (c)
by November 1, 1979, revised exception to provisions by deleting vehicles with dealers or repairers plates, deleting provisions re inspection of new vehicles before delivery and exemption of new vehicles for one year and adding to exception
new vehicles at time of initial registration, vehicles not designed primarily for highway use and farm vehicles, revised
dates in Subsec. (d) and cost of repair provisions, deleted provisions re inspections by state employees and by private
service stations in Subsec. (e), deleted reference to inspection of nonfleet vehicles in Subsec. (f), increased inspection fee
from five to ten dollars in Subsec. (g), deleted Subsec. (h) re inspection fund, relettering remaining Subsecs. accordingly
and added provision in Subsec. (j) (formerly (k)) re inspections after January 1, 1982; P.A. 80-458 amended Subsec. (d)
to postpone commencement of inspection and to delete provision re voluntary inspections on limited basis, amended
Subsec. (g) to require that state absorb excess costs and revised dates in Subsec. (j); P.A. 83-561 amended Subsec. (d), (1)
making the commissioner's authority to grant waivers from compliance for vehicles which fail and require an unreasonable
cost of repair to bring into compliance mandatory rather than discretionary and (2) reducing the cost of minimum repair
requirements from a maximum of seventy dollars to a maximum of forty dollars and amended Subsec. (g), providing where
the thirtieth day of the period of free reinspection falls on a day when the inspection station is closed, the motorist may
return for reinspection on the next day the station is open; P.A. 84-11 amended Subsec. (j) by replacing provision which
had imposed a fine of not more than one hundred dollars with provision designating violation of Subsecs. (c) and (d) as
an infraction; P.A. 85-484 amended Subsec. (d), requiring commissioner to design a windshield sticker bearing expiration
date of assigned inspection period on both sides and amended Subsec. (j), requiring a fine of thirty-five dollars for a first
violation of Subsecs. (c) and (d) or regulations adopted thereunder; P.A. 90-299 amended Subsec. (g) to require commissioner to assess ten-dollar fee for late emissions inspection; P.A. 91-123 amended Subsec. (g) to permit commissioner to
waive late fee when it is proven that failure to have inspection was due to exigent circumstances; P.A. 91-142 amended
Subsec. (b) to allow emission standards to be consistent with any regulations adopted by the commissioner of environmental
protection which implement the California emission standards; June Sp. Sess. P.A. 91-13 amended Subsec. (g) to require
that income from the emissions inspections program which exceeds the administrative costs of the program be deposited
in the general fund; P.A. 92-156 amended Subsecs. (c) and (d) to provide for periodic emissions inspection, eliminating
references to "annual" inspection, and to delete obsolete provisions, amended Subsec. (g) to require ten-dollar fee to
terminate at expiration of negotiated agreement in effect on June 1, 1992, and establishment of temporary inspection fee
to be effective until general assembly establishes a new fee and amended Subsec. (j) to eliminate reference to annual
inspections and to delete obsolete phrase; P.A. 93-312 amended Subsec. (a) to specify that failure to maintain motor vehicle
air pollution control equipment shall be considered a violation of the periodic inspection requirements under Subsec. (c),
amended Subsec. (b) by replacing requirement that the commissioner of environmental protection furnish the commissioner
of motor vehicles with "a definition of minimum exhaust emission standards for all gasoline-powered vehicles" with
requirement that he furnish "emission standards for all motor vehicles designated as a 1968 or later model", amended
Subsec. (c) to expand regulations to include "air pollution control system integrity standards and purge systems standards",
to make Subdiv. (2) of the exemptions applicable to "vehicles powered by electricity" rather than "vehicles powered by a
fuel other than gasoline", and to authorize regulations re motorcycles and vehicles in excess of ten thousand pounds,
amended Subsec. (d) to authorize the commissioner of motor vehicles to grant certain waivers from compliance for vehicles
which fail "any required" inspection rather than "emissions inspection", by deleting provision that commissioner shall
prescribe minimum repair requirements, not to exceed forty dollars, as condition of waiver of compliance for vehicle which
would require an unreasonable cost of repair to bring it into compliance, to authorize commissioner to determine compliance
of a vehicle that has failed a transient emissions retest, to provide additional authority re certain retesting and extensions
and to modify the definition of "unreasonable cost of repair", amended Subsec. (e) to authorize emissions inspection
contractors to perform safety inspections, amended Subsec. (f) to modify the reference to fleet vehicles by adding the
words "having a gross weight of more than ten thousand pounds" to authorize a program of on-road testing, amended
Subsec. (g) to delete provisions re generation of excess fees and amended Subsec. (j) to modify the authority of the
commissioner of motor vehicles to suspend motor vehicle registrations for violations of this section, effective July 1, 1993;
P.A. 94-189 amended Subsec. (e) by replacing references to chapters 51 and 51a with references to chapters 59 and 60
and inserting "or" between Subdivs. (1) and (2); P.A. 96-167 amended Subsec. (f) to delete references to "twenty-five or
more" motor vehicles "having a gross weight of more than ten thousand pounds" in description of fleet and to require
regulations re fleet emissions inspection stations to specify classes or other characteristics of vehicles eligible for inspection
at such stations, effective October 1, 1996, and amended Subsec. (g) to increase the late fee from ten to twenty dollars and
to require that fifty per cent of late fees be deposited in General Fund and remainder be deposited in Emissions Enterprise
Fund instead of all late fees deposited in General Fund, effective July 1, 1996; P.A. 97-82 amended Subsec. (c) to add to
exception antique, rare or special interest motor vehicles, effective May 29, 1997; P.A. 97-236 amended Subsec. (c) to
add to exception diesel-powered type II school buses, effective June 24, 1997; P.A. 98-182 amended Subdiv. (6) of Subsec.
(c) by replacing "vehicles manufactured before the 1968 model year" with "vehicles manufactured twenty-five or more
years ago", further amended Subsec. (c) to add Subdiv. (12) exempting a vehicle from emissions inspection and compliance
or waivers which is operated by a dealer or repairer either to or from a location of purchase or sale, or obtaining an emissions
or safety inspection, and amended Subsec. (g) by adding Subdiv. (12) re the waiver of late fee for a motor vehicle which
has been transferred to a new owner subsequent to the expiration date of the assigned inspection period and has been tested
within thirty days of the transfer of ownership, effective July 1, 1998; P.A. 99-268 amended Subsec. (f) by allowing the
commissioner to license an owner or operator of a fleet of motor vehicles, which are subject to emissions inspection pursuant
to Sec. 14-164i, to establish a fleet emissions inspection station, and amended Subsec. (g) to require the commissioner to
waive a late fee if a motor vehicle has been inspected within thirty days of registration in lieu of within thirty days of
transfer of ownership, and to make a technical change re gender neutrality; P.A. 00-169 amended Subsec. (d) by deleting
references to and the definition of a transient emissions test or retest and Subsec. (e) by adding Ch. 58 to the list of chapters
at the beginning of the Subsec., by deleting Subdiv. (A) re contracts for performance of inspections for a minimum term
of five years and relettering Subdivs. (B) to (E), inclusive, as (A) to (D), inclusive, effective October 1, 2000, amended
Subsec. (g) by restating inspection fees, by deleting a provision that required the deposit of fifty per cent of late fees to the
General Fund and fifty per cent to the Emissions Enterprise Fund and by changing the reference to the negotiated agreement
from the agreement in effect on June 1, 1992, to the agreement in effect on June 1, 2000, effective June 1, 2000, amended
Subsec. (j) by adding authority for the commissioner to deny issuance of a registration or renewal of a registration to the
owner of a motor vehicle if such vehicle is not in compliance with the inspection requirements of this chapter, effective
October 1, 2000, and revised effective date of P.A. 99-268 but without affecting this section; P.A. 00-180 amended Subsec.
(c) by replacing the term "emissions inspection" with "inspection of air pollution control equipment" and requiring, not
later that October 1, 2002, that regulations exempt any vehicle manufactured four or less years ago and amended Subsec.
(g) to require fees to be paid in a manner prescribed by the commissioner; June Sp. Sess. P.A. 01-9 amended Subsec. (b)
to make a technical change for purposes of gender neutrality, amended Subsec. (c) to make technical changes, to allow
the commissioner to adopt regulations providing for an inspection procedure using an on-board diagnostic information
system for all motor vehicles starting from model year 1996 and to provide that the regulations re emissions testing shall
exempt from the periodic inspection requirement any vehicles of four or less model years of age, beginning with model
year 2003 and the previous three model years, rather than exempting vehicles that were manufactured four or less years
ago as of October 1, 2002, amended Subsec. (d) to prohibit any motor vehicle subject to inspection from being operated
unless such vehicle has been presented for inspection, rather than requiring such vehicle to have evidence of inspection
and compliance with Subsec. (c) of the section, to allow the commissioner to design a windshield sticker that bears the
date of expiration of the assigned inspection, rather than require the commissioner to do so, and to allow the commissioner
to design a windshield sticker for vehicles that are exempt from the chapter, amended Subsec. (e) to allow the commissioner
to enter into a negotiated inspection agreement or agreements, rather than require the commissioner to do so, to allow
independent contractors, with the commissioner's approval, to operate inspection stations at locations with adequate facilities that are owned by other persons, and to add a reference to new Subsec. (g), added new Subsec. (f) to allow the
commissioner to authorize and appoint any licensed and qualified motor vehicle dealer or repairer to conduct emissions
inspections, establish requirements for such dealers or repairers, establish guidelines for conducting such inspections,
provide the commissioner with the authority to suspend or revoke the authority of such dealers or repairers, and require
the commissioner to adopt regulations to establish the qualifications for such dealers or repairers, added new Subsec. (g)
to allow independent contractors to conduct emissions inspections at licensed motor vehicle dealer facilities with the
approval of the commissioner and in accordance with contract conditions and regulations, to provide that the state shall
not incur liability under any agreement between an independent contractor and the dealer and to provide that the contract
pursuant to Subsec. (e) shall provide for indemnification of the state, added new Subsec. (h) to allow the commissioner to
enter into a negotiated personal service agreement with an entity to provide for management and oversight of emissions
inspection facilities established under Subsec. (e) and to prohibit such entity from being licensed as, or having a financial
interest in, a seller or repairer of motor vehicles or from being a provider of emissions inspection equipment or facilities,
redesignated existing Subsecs. (f) to (j) as Subsecs. (i) to (m), amended Subsec. (j) to designate existing language as Subdiv.
(1), make a technical change and delete language re termination of ten-dollar fee and establishment of temporary inspection
fee, added Subsec. (j)(2) to allow authorized licensed dealers or repairers that conduct inspections of 1996 model year and
newer vehicles to charge a fee for biennial inspections, added Subsec. (j)(3) to require the commissioner to issue a sticker
to indicate the status of exempt motor vehicles, to require the commissioner to charge a fee for such sticker on and after
July 1, 2002, which receipts are to be deposited in the Special Transportation Fund, and to allow a person whose motor
vehicle fails an inspection by a licensed dealer or repairer to repair the vehicle and have it reinspected no later than the
thirtieth day following the date of the inspection, and amended Subsec. (m) to make technical changes, effective July 1, 2001;
P.A. 02-70 amended Subsec. (b) to substitute "subject to the inspection and maintenance requirements" for "designated as
a 1968 or later model", amended Subsec. (c) to make technical changes, amended Subsec.(f) to substitute "the provisions
of subpart (D) of part III of chapter 246" for "section 14-52" in Subdiv. (1), to allow emissions inspection at a predetermined
or appointed time at the discretion of the commissioner, make a technical change and replace reference to Subsec. (i) with
reference to Subsec. (k) in Subdiv. (2), and to require the adoption of regulations re repair technicians in Subdiv. (5),
amended Subsec. (g) to make a technical change, designated provisions, formerly part of Subsec. (i), re program for on-road testing as Subsec. (j) and amended same to require that program test not less than one-half of one per cent of the
subject fleet state-wide or twenty thousand vehicles, whichever is less, per inspection cycle and that owners of vehicles
that are found by on-road testing to be high emitters may, in lieu of shall, be notified that vehicles are required to pass an
out-of-cycle follow-up inspection, redesignated existing Subsec. (j) as Subsec. (k) and, in Subdiv. (1), provided that any
person whose vehicle has failed inspection may return such vehicle to the same official emissions inspection station for
one free reinspection and if the thirtieth day falls on a Sunday, legal holiday or a day on which the commissioner has
established that special circumstances or conditions exist that have caused emissions inspection to be impracticable, in
lieu of any day when the inspection station is closed for business, such person may return such vehicle for reinspection on
the next day, deleting "on which such station is open for business", and, in Subdiv. (3), deleted provision re free reinspection
for any person whose vehicle is inspected by a licensed dealer or repairer, redesignated existing Subsecs. (k) to (m) as
Subsecs. (l) to (n), amended Subsec. (m) to substitute "in accordance with the provisions of this section" for "under a valid
inspection agreement with the commissioner" and amended Subsec. (n) to replace reference to Subsec. (h) with reference
to Subsec. (i), effective June 3, 2002; P.A. 03-19 made technical changes in Subsecs. (f)(3) and (g), effective May 12,
2003; P.A. 04-182 and P.A. 04-199 both amended Subsec. (n) to include revocation of registration as permissible action
by commissioner against vehicle owner and to permit commissioner to take specified actions against owner who has failed
to pay any required fee, effective July 1, 2004; P.A. 04-199 additionally amended Subsec. (a)(3) to change from mandatory
to permissive issuance of sticker indicating exempt status of motor vehicle, effective June 3, 2004; P.A. 05-218 amended
Subsec. (c) by deleting former Subdiv. (10) re antique, rare or special interest motor vehicles and redesignating existing
Subdivs. (11) and (12) as Subdivs. (10) and (11), effective July 1, 2005.
Sec. 14-164m. Emissions Enterprise Fund. Notwithstanding the provisions of
section 13b-61, commencing on July 1, 2007, and on the first day of each October,
January, April and July thereafter, the State Comptroller shall transfer from the Special
Transportation Fund into the Emissions Enterprise Fund, one million six hundred
twenty-five thousand dollars of the funds received by the state pursuant to the fees
imposed under sections 14-49b and 14-164c. Notwithstanding the provisions of section
13b-61, on July 1, 2005, October 1, 2005, January 1, 2006, and April 1, 2006, the State
Comptroller shall transfer from the Special Transportation Fund into the Emissions
Enterprise Fund, four hundred thousand dollars of the funds received by the state pursuant to the fees imposed under sections 14-49b and 14-164c. Notwithstanding the provisions of section 13b-61, on July 1, 2006, October 1, 2006, January 1, 2007, and April
1, 2007, the State Comptroller shall transfer from the Special Transportation Fund into
the Emissions Enterprise Fund, one million dollars of the funds received by the state
pursuant to the fees imposed under sections 14-49b and 14-164c.
(June Sp. Sess. P.A. 01-9, S. 44, 131; June Sp. Sess. P.A. 05-3, S. 27.)
History: June Sp. Sess. P.A. 01-9 effective July 1, 2001; June Sp. Sess. P.A. 05-3 changed "July 1, 2002" to "July 1,
2007" and added provisions re transfer of four hundred thousand dollars on July 1, 2005, October 1, 2005, January 1, 2006,
and April 1, 2006, and re transfer of one million dollars on July 1, 2006, October 1, 2006, January 1, 2007, and April 1,
2007, effective July 1, 2005.