Text: HF02168 Text: HF02170 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 455B.152 MOTOR VEHICLE POLLUTION
1 2 PREVENTION PROGRAM.
1 3 1. The department of natural resources shall establish by
1 4 rule emittance standards with which all motor vehicles
1 5 registered within the state shall comply. The emittance
1 6 standards established by the department of natural resources
1 7 shall not be stricter than the federal emittance standards
1 8 already imposed on new motor vehicles under the federal Clean
1 9 Air Act, 42 U.S.C. } 7521 et seq.
1 10 2. The department of natural resources shall develop a
1 11 program to allow persons to report obvious motor vehicle
1 12 polluters through the use of a toll-free telephone line by
1 13 stating the polluter's registration plate number. For
1 14 purposes of this section, "obvious motor vehicle polluter"
1 15 means a motor vehicle which due to the poor condition of its
1 16 emission system is in need of repairs to its emission system.
1 17 3. The state department of transportation shall cooperate
1 18 with the department of natural resources in locating the motor
1 19 vehicle of an obvious motor vehicle polluter reported to the
1 20 department of natural resources. The department of natural
1 21 resources shall investigate a report by requiring the owner to
1 22 make the motor vehicle available for emissions testing by the
1 23 department of natural resources. If the pollutants that are
1 24 emitted are in violation of standards established by the
1 25 department of natural resources, the department of natural
1 26 resources shall issue a citation requiring the owner to repair
1 27 the motor vehicle in order to bring it into compliance with
1 28 the standards. The owner of the motor vehicle shall have the
1 29 right to choose the person who will repair the motor vehicle.
1 30 The offending motor vehicle shall not be operated until it has
1 31 been repaired to the satisfaction of the department, except in
1 32 association with repairing or retesting the offending motor
1 33 vehicle.
1 34 4. A person operating a motor vehicle in violation of this
1 35 section is guilty of a simple misdemeanor. Each separate
2 1 operation of the motor vehicle shall be considered a separate
2 2 offense under this section.
2 3 EXPLANATION
2 4 This bill requires the department of natural resources to
2 5 establish emittance standards with which all motor vehicles
2 6 registered within the state shall comply. The emittance
2 7 standards established by the department of natural resources
2 8 shall not be stricter than the federal emittance standards
2 9 already imposed on new motor vehicles under the federal Clean
2 10 Air Act, 42 U.S.C. } 7521 et seq.
2 11 The department of natural resources shall establish a
2 12 program to allow persons to report obvious motor vehicle
2 13 polluters. The program includes the operation of a toll-free
2 14 telephone line where persons may report obvious motor vehicle
2 15 polluters by leaving the polluter's registration plate number.
2 16 The state department of transportation shall cooperate with
2 17 the department of natural resources in locating the motor
2 18 vehicle. The department of natural resources shall
2 19 investigate the report and test the emissions of the motor
2 20 vehicle. If the pollutants that are emitted are in violation
2 21 of standards established by the department of natural
2 22 resources, the department of natural resources shall issue a
2 23 citation requiring the owner to repair the motor vehicle in
2 24 order to bring it into compliance with the standards. The
2 25 owner of the motor vehicle has the right to choose the person
2 26 who will repair the motor vehicle. The offending motor
2 27 vehicle shall not be operated until it has been repaired to
2 28 the satisfaction of the department. However, the offending
2 29 motor vehicle may be operated strictly in association with
2 30 repairing or retesting the offending motor vehicle.
2 31 A person operating a motor vehicle in violation of this
2 32 section is guilty of a simple misdemeanor. A simple
2 33 misdemeanor is punishable by a fine of at least $50 but not to
2 34 exceed $100 or imprisonment not to exceed 30 days. Each
2 35 separate operation of the motor vehicle is considered a
3 1 separate offense.
3 2 LSB 3092HH 76
3 3 kah/jw/5.1
Text: HF02168 Text: HF02170 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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