CHAPTER 582
S.P. 868 - L.D. 2278
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §585-D, as amended by PL 1997, c. 364, §§37 and 38, is further amended to read:
§585-D. New motor vehicle emission standards
Subject to the provisions of this section, the Board may adopt and enforce standards that meet the requirements of the federal Clean Air Act, Section 177, 42 United States Code, Section 7507 relating to control of emissions from new motor vehicles or new motor vehicle engines. These standards, known as a "low-emission vehicle program," must be designed to prevent air pollution and achieve and maintain ambient air quality standards within the State. The board may implement a low-emission vehicle program only when:
1. New England states adoption. Massachusetts, Connecticut and at least one other New England state, excluding this State, have adopted a low-emission vehicle program that meets the requirements of the federal Clean Air Act, Section 177, 42 United States Code, Section 7507 and the first motor vehicle model year that is required to meet standards under the low-emission vehicle program in Maine is not an earlier model year than the first model year required to meet standards under a low-emission vehicle program in any of those 3 New England states; and
2. Ozone transport region adoption. Jurisdictions comprising more than 60% of the total registrations of new passenger cars in the ozone transport region have adopted a low-emission vehicle program that meets the requirements of the federal Clean Air Act, Section 177, 42 United States Code, Section 7507 and the first model year required to meet standards under the low-emission vehicle program in any of those states is not later than motor vehicle model year 2000. For purposes of this paragraph, "ozone transport region" means the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Vermont, and the consolidated metropolitan statistical area that includes the District of Columbia.
The department may not implement the low-emission vehicle program if the implementation of that program includes the adoption, sale, or use of any type of the reformulated gasoline other than the federal reformulated gasoline that is certified by the United States Environmental Protection Agency under 42 United States Code, Section 7545(k) approved for sale and use in states other than California.
The commissioner shall complete a study of zero-emission vehicles and submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters no later than January 1, 2000. By December 1, 2000, the board shall evaluate the feasibility of the State's zero-emission vehicle mandate in existence on March 1, 2000. This study evaluation must include an examination of zero-emission vehicle technology, price, performance and consumer acceptability and implementation issues relating to use of those vehicles in the State. The study must recommend any rulemaking necessary for the board to establish a zero-emission vehicle program that is appropriate for the State and a schedule that provides the automobile manufacturers with a minimum 2-year lead time prior to implementation of such a program. Any rules establishing Following this evaluation, any rule adopted by the board containing a zero-emission vehicle program are mandate is a major substantive rules rule pursuant to Title 5, chapter 375, subchapter II-A.
Effective August 11, 2000, unless otherwise indicated.
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