SB230 - Revises provisions relating to the testing of emissions from motor vehicles. (BDR 40-661)

S.B. 230 - *SB230* SENATE BILL NO. 230–SENATORS STEINBECK AND OHRENSCHALL FEBRUARY 24, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to the testing of emissions from motor vehicles. (BDR 40-661) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to motor vehicles; requiring regulations adopted by the State Environmental Commission for the control of emissions from motor vehicles to provide for the biennial inspection and testing of motor vehicles and systems; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the State Environmental Commission, in cooperation with 1 the Department of Motor Vehicles and any local air pollution control agency, to adopt 2 regulations for the control of emissions from motor vehicles in areas designated by 3 the Commission that are in any county whose population is 100,000 or more 4 (currently Clark and Washoe Counties). (NRS 445B.770) Existing law further 5 requires that certain vehicles which require inspection pursuant to such regulations 6 have evidence of compliance upon registration or reregistration. (NRS 445B.795) 7 Section 1 of this bill requires the Commission, when prescribing regulations for 8 the control of emissions from motor vehicles in certain areas, to provide for the 9 biennial inspection and testing of motor vehicles and systems for the control of 10 emissions. 11 Existing law provides that a new motor vehicle is exempt from compliance with 12 certain provisions governing the controls of emissions from a motor vehicle which is 13 being operated on a highway until the fourth registration of the motor vehicle. (NRS 14 445B.825) Notwithstanding such an exemption, existing law: (1) authorizes the 15 Department, in a county whose population is 100,000 or more (currently Clark and 16 Washoe Counties), to conduct a test of the emissions from such a motor vehicle to 17 determine whether the vehicle complies with such provisions; and (2) requires the 18 Department, if the Department conducts such a test, to conduct the test to determine 19 whether the motor vehicle complies with such provisions annually after the fourth 20 registration of the motor vehicle. (NRS 445B.798, 445B.825) Section 2 of this bill 21 instead requires such tests to be conducted biennially after the fourth registration of 22 the vehicle. 23 – 2 – - *SB230* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 445B.770 is hereby amended to read as 1 follows: 2 445B.770 1. In any county whose population is 100,000 or 3 more, the Commission shall, in cooperation with the Department of 4 Motor Vehicles and any local air pollution control agency, adopt 5 regulations for the control of emissions from motor vehicles in areas 6 of the county designated by the Commission. 7 2. In any county whose population is less than 100,000, if the 8 Commission determines that it is feasible and practicable to carry 9 out a program of inspecting and testing motor vehicles and systems 10 for the control of emissions from motor vehicles, and if carrying out 11 the program is deemed necessary to achieve or maintain the 12 prescribed standards for the quality of ambient air in areas of the 13 State designated by the Commission, the Commission shall, in 14 cooperation with the Department of Motor Vehicles and any local 15 air pollution control agency established under NRS 445B.500 which 16 has jurisdiction in a designated area, adopt regulations and 17 transportation controls as may be necessary to carry out the 18 program. 19 3. The regulations [must distinguish] : 20 (a) Must: 21 (1) Distinguish between light-duty and heavy-duty motor 22 vehicles ; and [may] 23 (2) Provide for the biennial inspection and testing of motor 24 vehicles and systems for the control of emissions from motor 25 vehicles in areas designated by the Commission pursuant to this 26 section; and 27 (b) May prescribe: 28 [(a)] (1) Appropriate criteria and procedures for the approval, 29 installation and use of devices for the control of emissions from 30 motor vehicles; and 31 [(b)] (2) Requirements for the proper maintenance of such 32 devices and motor vehicles. 33 4. The regulations must establish: 34 (a) Requirements by which the Department of Motor Vehicles 35 shall license authorized stations to inspect, repair, adjust and install 36 devices for the control of emissions for motor vehicles, including 37 criteria by which any person may become qualified to inspect, 38 repair, adjust and install those devices. 39 (b) Requirements by which the Department of Motor Vehicles 40 may license an owner or lessee of a fleet of three or more vehicles 41 as a fleet station if the owner or lessee complies with the regulations 42 – 3 – - *SB230* of the Commission. The fleet station shall only certify vehicles 1 which constitute that fleet. 2 (c) Requirements by which the Department of Motor Vehicles 3 provides for inspections of motor vehicles owned by this State and 4 any of its political subdivisions. 5 5. The Commission shall consider, before adopting any 6 regulation or establishing any criteria pursuant to subparagraph (1) 7 of paragraph [(a)] (b) of subsection 3: 8 (a) The availability of devices adaptable to specific makes, 9 models and years of motor vehicles. 10 (b) The effectiveness of those devices for reducing the emission 11 of each type of air pollutant under conditions in this State. 12 (c) The capability of those devices for reducing any particular 13 type or types of pollutants without significantly increasing the 14 emission of any other type or types of pollutant. 15 (d) The capacity of any manufacturer to produce and distribute 16 the particular device in such quantities and at such times as will 17 meet the estimated needs in Nevada. 18 (e) The reasonableness of the retail cost of the device and the 19 cost of its installation and maintenance over the life of the device 20 and the motor vehicle. 21 (f) The ease of determining whether any such installed device is 22 functioning properly. 23 Sec. 2. NRS 445B.825 is hereby amended to read as follows: 24 445B.825 1. The Commission may provide for exemption 25 from the provisions of NRS 445B.770 to 445B.815, inclusive, of 26 designated classes of motor vehicles, including, without limitation, 27 classes based upon the year of manufacture of motor vehicles. 28 2. A hybrid electric vehicle, as defined in 40 C.F.R. § 86.1803- 29 01, is exempt from the provisions of NRS 445B.770 to 445B.815, 30 inclusive, until the model year of the vehicle is 6 years old. 31 3. A new motor vehicle is exempt from the test conducted 32 pursuant to NRS 445B.798 and the provisions of NRS 445B.770 to 33 445B.815, inclusive, until the fourth registration of the motor 34 vehicle. If the Department of Motor Vehicles conducts a test 35 pursuant to NRS 445B.798, the Department of Motor Vehicles shall 36 conduct the test pursuant to NRS 445B.798 to determine whether 37 the motor vehicle complies with the provisions of NRS 445B.700 to 38 445B.845, inclusive, and the regulations adopted pursuant thereto, 39 [annually] biennially after the fourth registration of the motor 40 vehicle. 41 4. The Commission shall provide for a waiver from the 42 provisions of NRS 445B.770 to 445B.815, inclusive, if compliance 43 involves repair and equipment costs which exceed the limits 44 established by the Commission. The Commission shall establish the 45 – 4 – - *SB230* limits in a manner which avoids unnecessary financial hardship to 1 motor vehicle owners. 2 5. As used in this section, “new motor vehicle” means a motor 3 vehicle that has never been registered with the Department of Motor 4 Vehicles and has never been registered with the appropriate agency 5 or authority of any other state, the District of Columbia, any 6 territory or possession of the United States or a foreign state, 7 province or country. 8 H