Whereas, it is important that this Act takes effect before the diesel-powered motor vehicle emission opacity testing program is repealed on June 30, 1999, which may be before the expiration of the 90-day period; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA §2114, as enacted by PL 1997, c. 786, §7, is amended to read:

§2114. Diesel-powered Motor Vehicle Emission

Opacity Testing Program

1. Program established. The Diesel-powered Motor Vehicle Emission Opacity Testing Program, referred to in this section as the "program," is established within the Department of Environmental Protection. The Department of Environmental Protection shall administer the program in cooperation with the Department of Public Safety.

2. Diesel-powered motor vehicle. As used in this section, "diesel-powered motor vehicle" refers only to diesel-powered motor vehicles that have a gross vehicle weight rating of 26,001 18,000 or more pounds and that are used in commerce. "Diesel- powered motor vehicle" does not include a truck registered as a farm truck.

3. Testing and repair requirement. A person who causes operation of a diesel-powered motor vehicle shall comply with the requirements of the program, including emission opacity standards and testing and repair requirements. Diesel-powered motor vehicles that fail the opacity standards are assessed a $100 fine for the first violation and fines not greater than $500 for 2nd and subsequent violations.

Only diesel-powered motor vehicles identified by certified inspectors as potential violators of the program's emission opacity standards are subject to testing under this section. Inspectors must be certified pursuant to the procedures for