§ 142K — Motor vehicle emissions standards; late models

Section 142K. (a) In addition to the provisions of section one hundred and forty-two J authorizing the department of environmental protection to establish and administer setting motor vehicle emissions standards, for model years beginning with the model year nineteen hundred and ninety-three or as soon thereafter as allowable under federal law, the department of environmental protection, hereinafter referred to as the department, shall adopt motor vehicle emissions standards based on the California's duly promulgated motor vehicle emissions standards of the state of California unless, after a public hearing, the department establishes, based on substantial evidence, that said emissions standards and a compliance program similar to the state of California's will not achieve, in the aggregate, greater motor vehicle pollution reductions than the federal standards and compliance program for any such model year. The department shall publicly issue detailed written findings before and after holding a public hearing pursuant to this paragraph and said hearing shall be subject to the provisions for public hearings contained in chapter thirty A. A decision not to adopt said standards shall apply as long as the federal standards and the standards of the state of California do not change. Emissions standards adopted pursuant to this section shall include the one hundred thousand mile certification standards of the state of California.Notwithstanding any other provision of this section, the department may postpone, for no more than one year, the adoption of said motor vehicle emission standards if the department makes a written determination that none of the following states is likely to adopt California's motor vehicle emission standards for model year nineteen hundred and ninety-three pursuant to the requirements of 42 USC 7507: Connecticut, Maine, New Hampshire, New Jersey, New York, Rhode Island, and Vermont. The department may further postpone adopting said motor vehicle emission standards for an additional year if the department makes a written determination that none of the aforesaid listed states is likely to adopt California's motor vehicle emission standards for model year nineteen hundred and ninety-four.(b) No corporation, person or other entity shall sell or offer for sale a motor vehicle or motor vehicle engine, manufactured during or after the first model year that the motor vehicle emissions standards specified in subsection (a) are in effect which is intended for use primarily in the commonwealth and which has not been certified according to regulations promulgated by the department; provided, however, that reasonable exemptions may be made by the department for: (1) out-of-state registered vehicles transferred by inheritance, or by decree of divorce, dissolution or legal separation entered by a court of competent jurisdiction; (2) vehicles purchased by nonresidents prior to establishing residency in the commonwealth; and (3) used vehicles, as defined by regulations of the department, which were originally purchased in states with emission standards different from the standards of the commonwealth. Upon the granting of an exemption from the provisions of this section, a motor vehicle shall forever be exempt. The department may promulgate regulations including, but not limited to, prohibitions on the purchase, importation, delivery, receipt, rental, leasing or acquisition of motor vehicles or motor vehicle engines not in compliance with the provisions of this section.(c) On or before August first, nineteen hundred and ninety, the department shall promulgate regulations to ensure maximum motor vehicle pollution reductions pursuant to the provisions of this section including, but not limited to: engine family certification standards; after-market parts certification; one hundred percent assembly line functional testing; two percent manufacturer quality audits; post assembly line pre-sale new vehicle testing; dealership inspection; in-use testing; anti-tampering protections; on-board diagnostics, and warranty and recall requirements. The promulgation of these regulations may be postponed in accordance with the provisions of subsection (a) concerning postponement but, in no event shall the department promulgate regulations later than June first, nineteen hundred and ninety-two.(d) The manufacturer's warranty for passenger vehicles certified pursuant to subsection (a) shall extend, at a minimum, for three years or fifty thousand miles for emissions related parts with a retail cost of less than three hundred dollars and seven years or seventy thousand miles for emissions related parts with a retail cost of three hundred dollars or more. The department shall periodically adjust said three hundred dollar repair level by the percentage change in the consumer price index, as published by the United States Bureau of Labor Statistics. For the model year nineteen hundred and ninety-three, if the motor vehicle emissions standards as specified in subsection (a) are in effect, manufacturers shall report to the department all repairs made under warranty if the number of repairs on a specific model, for a specific emissions part, exceeds four percent of the total number of the model sold. For model year nineteen hundred and ninety-four and subsequent model years, if the motor vehicle emissions standards as specified in subsection (a) are in effect, manufacturers shall report to the department all repairs made under warranty if the number of repairs on a specific model for a specific emissions part exceeds two percent of the total number of the model sold.(e) Any corporation, person, municipality or other entity that violates the requirements of this section or any regulation adopted hereunder shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than one year or both such fine and imprisonment and shall be subject to a civil penalty of not more than twenty-five thousand dollars for each such violation. Each day that a violation for any motor vehicle continues shall be a separate offense. The civil penalty may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction.The penalties imposed hereunder shall be in addition to all other enforcement powers of the department under applicable law.(f) The provisions of this section are intended as minimum requirements of the commonwealth's motor vehicle emissions program and shall not limit the department's authority to adopt and implement the stricter air quality regulations allowed under any other federal and state law.(g) To decrease the impact of out-of-state generated auto emissions on the air quality of the commonwealth, the department is hereby directed to work in cooperation with other states to facilitate Massachusetts' and other states' adoption of more stringent motor vehicle emissions control programs. The department is authorized to work in cooperation with and enter into contracts with other states in generating and reviewing certification, testing, recall and warranty data so long as such cooperation does not limit the effectiveness of the program established by this section and the department may adopt other states' certification results by reference.(h) The responsibilities hereunder shall be in addition to all other responsibilities imposed by any other general or special law or rule or regulation.