                                 CODE OF VIRGINIA

ADMINISTRATION AND SCOPE OF EMISSIONS INSPECTION PROGRAM (§ 46.2-1178)

A. Except as otherwise provided in this section, the emissions inspection
program provided for in this article shall apply to motor vehicles having actual
gross weights of 8,500 pounds or less that are registered in the Counties of
Arlington, Fairfax, and Prince William, and the Cities of Alexandria, Fairfax,
Falls Church, Manassas, and Manassas Park. The provisions of this subsection
shall expire when the provisions of subsection C of this section become
effective.

B. An emissions inspection program as required by regulations adopted by the
Board under this article shall apply to motor vehicles that have actual gross
weights of 8,500 pounds or less and are registered or operated primarily, as
defined by the Board in accordance with the provisions of the Administrative
Process Act (&#xA7; 2.2-4000 et seq.), in the Counties of Chesterfield, Hanover,
and Henrico and the Cities of Colonial Heights, Hopewell, and Richmond. Such
emissions inspection program shall be a basic, test and repair program with the
greatest number of inspection facilities consistent with the consumer protection
and fee provisions herein as consistent with the federal Clean Air Act.
			The provisions of this subsection shall apply but not necessarily be limited
to (i) motor vehicles owned by governmental entities, (ii) motor vehicles owned
by military personnel residing in those localities, (iii) motor vehicles owned
by leasing or rental companies, and (iv) motor vehicles owned or leased by
employees of the federal government and operated on a federal installation. The
provisions of this subsection shall become effective July 1, 1995. The Board may
promulgate regulations to implement the provisions of this article, but such
regulations shall not require inspections in the localities mentioned in this
subsection prior to the later of: (i) July 1, 1996; or (ii) the date on which
the U.S. Environmental Protection Agency, pursuant to the federal Clean Air Act,
formally and in writing approves this program for such localities or on such
later date as may be provided by regulations of the Board.

B1. The emissions inspection program provided for in this article shall not
apply to any qualified hybrid motor vehicle if such vehicle obtains a rating
from the U.S. Environmental Protection Agency of at least (i) 50 miles per
gallon during city fuel economy tests or (ii) 48 miles per gallon during city
fuel economy tests for hybrid vehicles with a model year of 2008 or 2009, unless
remote sensing devices indicate the hybrid vehicle may not meet current
emissions standards. The Board shall adopt such regulations as may be required
to implement this exemption.

C. The emissions inspection program provided for in this subsection shall be a
test and repair enhanced emissions inspection program with the greatest number
of inspection facilities consistent with the consumer protection and fee
provisions herein and shall include on-road testing, remote sensing devices, and
an on-road clean screen program. Any enhanced emissions inspection program
provided for in this article shall apply to motor vehicles that have actual
gross weights of 10,000 pounds or less that were actually manufactured or
designated by the manufacturer as a model manufactured in a calendar year less
than 25 calendar years prior to January 1 of the present calendar year and are
registered or operated primarily, as defined by the Board in accordance with the
provisions of the Administrative Process Act (&#xA7; 2.2-4000 et seq.) in the
Counties of Arlington, Fairfax, Loudoun, Prince William, and Stafford and the
Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park. On and
after July 1, 2012, and before July 1, 2013, an on-road clean screen program
shall be limited to no more than 10 percent of the motor vehicles described in
this subsection which are eligible for emissions inspection during the
applicable 12-month period. On and after July 1, 2013, and before July 1, 2014,
an on-road clean screen program shall be limited to no more than 20 percent of
the motor vehicles described in this subsection which are eligible for emissions
inspection during the applicable 12-month period. On and after July 1, 2014, an
on-road clean screen program shall be limited to no more than 30 percent of the
motor vehicles described in this subsection which are eligible for emissions
inspection during the applicable 12-month period. An on-road clean screen
program or a validation program utilizing remote sensing equipment shall not be
considered emissions inspection stations. The Board may reduce the percentage of
vehicles eligible to participate in the on-road clean screen program as is
necessary to meet applicable air quality requirements under the federal Clean
Air Act, 42 U.S.C. &#xA7; 7401 et seq., as amended. Notwithstanding the
provisions of &#xA7; 46.2-1176, the Board shall designate remote sensing
equipment as authorized testing equipment pursuant to this section.
			The provisions of this subsection shall apply but not necessarily be limited
to (i) motor vehicles owned by governmental entities, (ii) motor vehicles owned
by military personnel residing in those localities, (iii) vehicles owned by
leasing or rental companies, and (iv) motor vehicles owned or leased by
employees of the federal government and operated on a federal installation.
			The provisions of this subsection shall be effective January 1, 1996, or on
such later date as may be provided by regulations of the Board. However, the
provisions of this subsection may become effective immediately provided that (a)
the U.S. Environmental Protection Agency, pursuant to the federal Clean Air Act,
formally and in writing approves the program for such localities; (b) the
Governor determines in writing that expedited promulgation of such regulations
is in the best interest of the Commonwealth, determining that such shall
constitute an &#8220;emergency situation&#8221; pursuant to &#xA7; 2.2-4011; and
(c) the Governor authorizes the Board to promulgate the regulations as emergency
regulations in accordance with this section.

D. Any emissions inspection program regulations in effect at the time amendments
to this section become effective shall remain in effect until the Board
promulgates new regulations or amends or repeals existing regulations in
accordance with this section.

HISTORY: 1980, c. 469, § 46.1-326.4; 1988, c. 806; 1989, c. 727; 1993, cc. 995,
998; 1993, Sp. Sess., c. 2; 1994, c. 838; 1995, cc. 836, 851; 1997, c. 507;
2002, c. 710; 2004, c. 915; 2012, cc. 216, 824; 2013, c. 634.