SB 484 — AN ACT CONCERNING EMISSIONS AND DECIBEL LEVEL TESTING FOR MOTOR VEHICLES AND THE TAXATION OF CERTAIN MOTORCYCLES AND MOTORCYCLE MUFFLERS.

484623 The11 commissionerSB484 shallFile actNo. as the official agent of the state in all matters affecting the purposes of this title and sections 2-20a, 5-238a, subsection (c) of section 7-131a, sections 7-131e, 7-131f, subsection (a) of section 7-131g, sections 7-131i, 7-131l, subsection (a) of section 10-409, subdivisions (51) and (52) of section 12-81, subdivisions (21) and (22) of section 12-412, subsections (a) and (b) of section 13a-94, sections 13a- 142a, 13b-56, 13b-57, 14-100b, 14-164c, as amended by this act, section 2 of this act, chapter 268, sections 16a-103, 22-91c, 22-91e, subsections (b) and (c) of section 22a-148, section 22a-150, subdivisions (2) and (3) of section 22a-151, sections 22a-153, 22a-154, 22a-155, 22a-158, chapter 446c, sections 22a-295, 22a-300, 22a-308, 22a-416, chapters 446h to 446k, inclusive, chapters 447 and 448, sections 23-35, 23-37a, 23-41, chapter 462, section 25-34, chapter 477, subsection (b) of section 25-128, subsection (a) of section 25-131, chapters 490 and 491 and sections 26- 257, 26-297, 26-303 and 47-46a, under any federal laws now or hereafter to be enacted and as the official agent of any municipality, district, region or authority or other recognized legal entity in connection with the grant or advance of any federal or other funds or credits to the state or through the state, to its political subdivisions.

623 142a, 13b-56, 13b-57, 14-100b, 14-164c, as amended by this act, section 2 of this act, chapter 268, sections 16a-103, 22-91c, 22-91e, subsections (b) and (c) of section 22a-148, section 22a-150, subdivisions (2) and (3) of section 22a-151, sections 22a-153, 22a-154, 22a-155, 22a-158, chapter 446c, sections 22a-295, 22a-300, 22a-308, 22a-416, chapters 446h to 446k, inclusive, chapters 447 and 448, sections 23-35, 23-37a, 23-41, chapter 462, section 25-34, chapter 477, subsection (b) of section 25-128, subsection (a) of section 25-131, chapters 490 and 491 and sections 26- 257, 26-297, 26-303 and 47-46a, under any federal laws now or hereafter to be enacted and as the official agent of any municipality, district, region or authority or other recognized legal entity in connection with the grant or advance of any federal or other funds or credits to the state or through the state, to its political subdivisions.

(a) (1) (A) Except as otherwise provided in subdivision (2) or (3) of this subsection, in case of the purchase of any motor vehicle, snowmobile, vessel or aircraft other than from a licensed motor vehicle dealer or licensed motor vehicle lessor, a snowmobile dealer, a licensed marinedealeroraretailerofaircraft,respectively,thereceiptstherefrom shall not be included in the measure of the sales tax, but the purchaser thereof shall pay a use tax on the total purchase price thereof to the Commissioner of Revenue Services, as provided in section 12-411, as amendedby thisact, inthecase oftangibleoftangiblepersonalproperty personalproperty purchased from a retailer, and, in the case of motor vehicles, vessels and LCOsnowmobiles, 3999before {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-004812obtaining an original or transferal registration, in accordance with regulations prescribed by the Commissioner of 23Revenue R01-SB.docxServices }and Raisedon Billforms approved by the Commissioner of Revenue Services and the Commissioner of Motor Vehicles, and, in the case of aircraft, before obtaining an original or transferal registration, in accordance with regulations prescribed by the Commissioner of Revenue Services and on forms approved by the Commissioner of SB484 / File No.

484623 snowmobiles,12 beforeSB484 obtainingFile anNo. original or transferal registration, in accordance with regulations prescribed by the Commissioner of Revenue Services and on forms approved by the Commissioner of Revenue Services and the Commissioner of Motor Vehicles, and, in the case of aircraft, before obtaining an original or transferal registration, in accordance with regulations prescribed by the Commissioner of Revenue Services and on forms approved by the Commissioner of Revenue Services and the Commissioner of Transportation.

623 Revenue Services and the Commissioner of Transportation.

LCO(ii) 3999At {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0013a rate of 23eleven R01-SB.docxper }cent Raisedwith Billrespect No.to each transfer of occupancy, from the total amount of rent received by a bed and breakfast establishment for the first period not exceeding thirty consecutive calendar days;

484(C) (ii)With Atrespect ato ratethe sale of elevena permotor centvehicle withto respectany toindividual eachwho transferis ofa occupancy,member fromof the totalarmed amountforces of rentthe receivedUnited byStates a bed and breakfastis establishmenton forfull-time theSB484 first/ periodFile notNo. exceeding thirty consecutive calendar days;

(C)623 With13 respectSB484 toFile theNo. sale of a motor vehicle to any individual who is a member of the armed forces of the United States and is on full-time active duty in Connecticut and who is considered, under 50 App USC 574, a resident of another state, or to any such individual and the spouse thereof, at a rate of four and one-half per cent of the gross receipts of any retailer from such sales, provided such retailer requires and maintains a declaration by such individual, prescribed as to form by the commissioner andbearing notice totheeffect that false statementsmade in such declaration are punishable, or other evidence, satisfactory to the commissioner, concerning the purchaser's state of residence under 50 App USC 574;

623 active duty in Connecticut and who is considered, under 50 App USC 574, a resident of another state, or to any such individual and the spouse thereof, at a rate of four and one-half per cent of the gross receipts of any retailer from such sales, provided such retailer requires and maintains a declaration by such individual, prescribed as to form by the commissioner andbearing notice totheeffect that false statementsmade in such declaration are punishable, or other evidence, satisfactory to the commissioner, concerning the purchaser's state of residence under 50 App USC 574;

(E)(i)Withrespect to thesalesoflaborthatisotherwise taxabletaxableunder under subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 12-407 on existing vessels and repair or maintenance services on vessels occurring on and after July 1, 1999, such services shall be exempt from such tax;

(iii) With respect to the sale of dyed diesel fuel, as defined in subsection (d) of section 12-487, sold by a marine fuel dock exclusively LCOfor 3999marine {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0014purposes, ofat 23the R01-SB.docxrate }of Raisedtwo Billand No.ninety-nine-hundredths per cent;

484 for marine purposes, at the rate of two and ninety-nine-hundredths per cent;

(G)SB484 With/ respectFile toNo. the rental or leasing of a passenger motor vehicle for a period of thirty consecutive calendar days or less, at a rate of nine and thirty-five-hundredths per cent;

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623 (G) With respect to the rental or leasing of a passenger motor vehicle for a period of thirty consecutive calendar days or less, at a rate of nine and thirty-five-hundredths per cent;

in addition to the tax imposed under LCOsubparagraph 3999(A) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0015 of 23this R01-SB.docxsubdivision, }at Raisedthe Billrate No.of one per cent;

484 subparagraph (A) of this subdivision, at the rate of one per cent;

(ii) With respect to the sale of a replacement or an aftermarket motorcycle muffler that would cause a motorcycle to exceed the maximumSB484 decibel/ levelFile permittedNo. pursuant to section 14-80a and any regulations adopted thereunder, at the rate of fifty per cent;

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623 maximum decibel level permitted pursuant to section 14-80a and any regulations adopted thereunder, at the rate of fifty per cent;

[(K)] (L) (i) For calendar quarters ending on or after September 30, 2019, the commissioner shall deposit into the regional planning incentive account, established pursuant to section 4-66k, six and seven- tenths per cent of the amounts received by the state from the tax imposed under subparagraph (B) of this subdivision and ten and seven- tenths per cent of the amounts received by the state from the tax LCOimposed 3999under {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-004816subparagraph (G) of 23this R01-SB.docxsubdivision; } Raised Bill No.

484 imposed under subparagraph (G) of this subdivision;

[(L)] (M) For calendar months commencing on or after July 1, 2021, the commissioner shall deposit into the municipal revenue sharing account established pursuant to section 4-66l seven and nine-tenths per centSB484 of/ theFile amountsNo. received by the state from the tax imposed under subparagraph (A) of this subdivision;

and623 [(M)](N)(i)For16 calendarSB484 monthscommencingFile onorafterJulyNo. 1,2017, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 seven and nine-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision;

623 cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision;

and [(M)](N)(i)For calendar monthscommencing onorafterJuly 1, 2017, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 seven and nine-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision;

(iv) For calendar months commencing on or after July 1, 2020, but prior to July 1, 2021, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 twenty-five per cent of the amounts received by the state from the tax imposed under LCOsubparagraphs 3999(A) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-004817and (H) of 23this R01-SB.docxsubdivision }on Raisedthe Billsale No.of a motor vehicle;

484 subparagraphs (A) and (H) of this subdivision on the sale of a motor vehicle;

and (vi)SB484 For/ calendarFile monthsNo. commencing on or after July 1, 2022, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 one hundred per cent of the amounts received by the state from the tax imposed under subparagraphs (A), [and] (H) and (J)(i) of this subdivision on the sale of a motor vehicle.

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623 (vi) For calendar months commencing on or after July 1, 2022, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 one hundred per cent of the amounts received by the state from the tax imposed under subparagraphs (A), [and] (H) and (J)(i) of this subdivision on the sale of a motor vehicle.

(B) (i) At a rate of fifteen per cent of the rent paid to a hotel or lodging house for the first period not exceeding thirty consecutive calendar LCOdays; 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-004818 of 23 R01-SB.docx } Raised Bill No.

484 days;

(C) With respect to the storage, acceptance, consumption or use in this state of a motor vehicle purchased from any retailer for storage, acceptance, consumption or use in this state by any individual who is a member of the armed forces of the United States and is on full-time active duty in Connecticut and who is considered, under 50 App USC 574,SB484 a/ residentFile ofNo. another state, or to any such individual and the spouse ofsuchindividualata rateoffourandone-halfpercentofthesalesprice of such vehicle, provided such retailer requires and maintains a declaration by such individual, prescribed as to form by the commissioner andbearing notice totheeffect that false statementsmade in such declaration are punishable, or other evidence, satisfactory to the commissioner, concerning the purchaser's state of residence under 50 App USC 574;

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623 574, a resident of another state, or to any such individual and the spouse ofsuchindividualata rateoffourandone-halfpercentofthesalesprice of such vehicle, provided such retailer requires and maintains a declaration by such individual, prescribed as to form by the commissioner and bearing notice totheeffect that false statementsmade in such declaration are punishable, or other evidence, satisfactory to the commissioner, concerning the purchaser's state of residence under 50 App USC 574;

(III)Withrespecttothestorage,acceptanceorotheruseofdyeddiesel LCOfuel, 3999as {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0019defined in subsection (d) of 23section R01-SB.docx12-487, }exclusively Raisedfor Billmarine No.purposes, at the rate of two and ninety-nine-hundredths per cent;

484 fuel, as defined in subsection (d) of section 12-487, exclusively for marine purposes, at the rate of two and ninety-nine-hundredths per cent;

(F)SB484 With/ respectFile toNo. the acceptance or receipt in this state of patient care services purchased from any retailer for consumption or use in this state for which payment is received by the hospital on or after July 1, 1999, and prior to July 1, 2001, at the rate of five and three-fourths per cent and on and after July 1, 2001, such services shall be exempt from such tax;

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623 (F) With respect to the acceptance or receipt in this state of patient care services purchased from any retailer for consumption or use in this state for which payment is received by the hospital on or after July 1, 1999, and prior to July 1, 2001, at the rate of five and three-fourths per cent and on and after July 1, 2001, such services shall be exempt from such tax;

For purposes of this subparagraph, "motor vehicle" has the meaning provided in section 14- 1, but does not include a motor vehicle subject to the provisions of subparagraph (C) of this subdivision, a motor vehicle having a gross vehicle weight rating over twelve thousand five hundred pounds, or a motor vehicle having a gross vehicle weight rating of twelve thousand LCOfive 3999hundred {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-004820pounds or less that is not used for private passenger purposes, but is designed or used to transport merchandise, freight or persons in connection with any business enterprise and issued a commercial registration or more specific type of 23registration R01-SB.docxby }the RaisedDepartment Billof No.Motor Vehicles;

484 five hundred pounds or less that is not used for private passenger purposes, but is designed or used to transport merchandise, freight or persons in connection with any business enterprise and issued a commercial registration or more specific type of registration by the Department of Motor Vehicles;

in addition to the taxSB484 imposed/ underFile subparagraphNo. (A) of this subdivision, at the rate of one per cent;

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623 tax imposed under subparagraph (A) of this subdivision, at the rate of one per cent;

(ii) For calendar quarters ending on or after September 30, 2018, the commissioner shall deposit into the Tourism Fund established under LCOsection 399910-395b {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00421ten per cent of 23the R01-SB.docxamounts }received Raisedby Billthe No.state from the tax imposed under subparagraph (B) of this subdivision;

484 section 10-395b ten per cent of the amounts received by the state from the tax imposed under subparagraph (B) of this subdivision;

and [(L)] (M) (i) For calendar months commencing on or after July 1, 2017, the commissioner shall deposit into said Special Transportation Fund sevenandnine-tenths per cent oftheamountsreceivedby thestate from theSB484 tax/ imposedFile underNo. subparagraph (A) of this subdivision;

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623 the tax imposed under subparagraph (A) of this subdivision;

(v) For calendar months commencing on or after July 1, 2021, but prior to July 1, 2022, the commissioner shall deposit into the Special LCOTransportation 3999Fund {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-004822established under section 13b-68 seventy-five per cent of 23the R01-SB.docxamounts }received Raisedby Billthe No.state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the acceptance or receipt in this state of a motor vehicle;

484 Transportation Fund established under section 13b-68 seventy-five per cent of the amounts received by the state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the acceptance or receipt in this state of a motor vehicle;

ThisSB484 act/ shallFile takeNo. effect as follows and shall amend the following sections:

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623 This act shall take effect as follows and shall amend the following sections:

4 October 1, 2022 22a-6a October 1, 2022 Sec.

5 October 1, 2022 22a-6b(a) Sec.

9 October 1, 2022, and 12-411(1) applicable to sales occurring on or after October 1, 2022 FIN Joint Favorable LCOSB484 3999/ {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484-File 23No. of 23 R01-SB.docx }

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623 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 23 $ FY 24 $ Department of Energy and GF - Cost 162,479 162,479 Environmental Protection State Comptroller - Fringe GF - Cost 25,323 25,323 Benefits1 Department of Motor Vehicles TF - Cost 2,000,000 - None 2,500,000 Department of Motor Vehicles Auto Emissions Up to Up to Inspection - 60,000 80,000 Revenue Gain Department of Motor Vehicles GF - Revenue 3,050,000 4,100,000 Gain Department of Motor Vehicles TF - Revenue Up to Up to Gain 90,000 120,000 Resources of the General Fund GF - Revenue Minimal Minimal Gain State Revenues GF&TF - See Below See Below Uncertain Note:

GF=General Fund;

TF=Transportation Fund;

GF&TF=General Fund & Transportation Fund Municipal Impact:

None Explanation Sections1&2eliminatetheemissionstestexemptionformotorcycles and establish a new noise inspection test for all motor vehicles that are subject to emissions inspection.

These sections result in both upfront costs for the Department of Energy and Environmental Protection (DEEP) and the Department of Motor Vehicles (DMV) to establish the 1The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.

The estimated active employee fringe benefit cost associated with most personnel changes is 40.53% of payroll in FY 23.

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623 program as well as ongoing inspection and late fee revenue, as described below.

The bill requires DEEP to provide specific technical information to DMV on 1) motorcycle emission control features and equipment and 2) motor vehicle noise inspections, resulting in costs of up to $100,000 in both FY 23 and FY 24 for a consultant and costs of $87,802 in both FY 23 and FY 24 for one new Environmental Analyst (inclusive of fringe benefits).

These costs are based on similar consultant services provided to DEEP for noise impact assessments as well as on the requirement to furnish technical standards for testing motorcycle emissions because, unlike for light-duty vehicles, federal government regulations do not provide these standards for motorcycles.

The bill results in a cost to DMV of between $2,000,000 and $2,500,000 in FY 23 to purchase the requisite decibel testing equipment and to modify the department's information technology systems.

The bill permits DMV to establish two new fees, including 1) a fee of up to $20 for each motorcycle emissions test, resulting in a revenue gain of up to $60,000 in FY 23 and $80,000 in FY 24 for the Auto Emissions Inspections Fund and 2) an additional fee of up to $20 for each noise inspection, resulting in a revenue gain of approximately $1.35 million in FY 23 and $1.8 million in FY 24.

2 The bill also requires DMV to assess a $20 late fee for both motorcycle emissions inspections and decibel level inspections for all motor vehicles.

Collectively, and assuming that late fees are imposed at the same rate as current emissions inspection late fees, these late fees are anticipated to result in a revenue gain of approximately $1.7 million in FY 23 and $2.3 million in FY 24.

Section 3 creates new infractions for violating certain noise provisions of the bill and, to the extent that offenders are fined, results 2Most of the current $20 emissions fee is retained by DMV's emissions contractor to cover costs of the program.

The estimates shown here reflect DMV's share of the fee and is based on registration and emissions data provided by the department.

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623 in potential minimal revenue.

Section 5 subjects the bill's motorcycle and noise inspection requirements to certain civil penalties that DEEP may adopt through regulation.

Existing motor vehicle emissions statutes are currently subject to these penalties;

however, because DEEP has not adopted any penalty schedule, this section is not expected to result in a fiscal impact.

Sections 8 & 9 increase to 50% the sales and use tax rate on motorcycles and mufflers that exceed state noise limits.

The revenue impact of this provision is uncertain.

To the extent the new rate does not affect sales of affected items, there is a revenue gain to the GF and STF.

To the extent the increased tax rate results in lower sales volume, there is a revenue loss to the GF and STF.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation, the number of vehicles subject to testing, the terms of DMV's decibel testing contract, any civil penalty scheduled adopted by DEEP, or as otherwise described above.

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623 OLR Bill Analysis SB 484 AN ACT CONCERNING EMISSIONS AND DECIBEL LEVEL TESTING FOR MOTOR VEHICLES AND THE TAXATION OF CERTAIN MOTORCYCLES AND MOTORCYCLE MUFFLERS.

SUMMARY This bill (1) requires all motor vehicles that must get an emissions inspection to also undergo an inspection of the vehicle’s maximum decibel (dB) level (i.e., noise inspection) to determine compliance with vehicle noise limits (see BACKGROUND) and (2) subjects most motorcycles to emissions inspection requirements.

The bill also increases to 50% the sales and use tax rate on motorcycles that exceed existing noise limits and mufflers that would cause the motorcycle to exceed those limits.

The bill’s provisions on noise inspections generally parallel those for emissions inspections.

Among other things, they (1) allow the Department of Motor Vehicles (DMV) to establish a fee for noise inspections;

(2) allow the department to enter into or amend agreements with contractors to provide noise inspections;

(3) require the Department ofEnergyandEnvironmentalProtection(DEEP)to provide DMV with technical information, including testing techniques, standards, and instructions;

and (4) allow the DMV commissioner to deny or revoke a registration if a motor vehicle does not receive a noise inspection or fails to pay a required fee.

Lastly, the bill authorizes the DMV commissioner to adopt implementing regulations for the motorcycle emissions inspection and noise inspection requirements.

EFFECTIVE DATE:

October 1, 2022, and the sales and use tax provisions are applicable to sales on or after that date.

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623 §§ 1-6 — MOTORCYCLE EMISSIONS INSPECTIONS & MOTOR VEHICLE NOISE INSPECTI0NS Motorcycle Emissions Inspections (§ 1) The bill eliminates the general emissions inspection exemption for motorcycles, subjecting most of them to biennial emissions inspections.

As under current law for other motor vehicles, motorcycles four or fewer model years old are exempt from inspection.

Motor Vehicle Noise Level Inspections (§§ 2(a), 3(b) & (c)) The bill requires each motor vehicle that must have an emissions inspection to also get a noise inspection at the same time.

Under the bill, the maximum decibel level for a motor vehicle is the existing state noise limit, as measured by procedures in existing law (see BACKGROUND).

Prohibitions.

The bill prohibits vehicles subject to noise inspections from being driven in the state without being tested according to the schedule the commissioner prescribes.

The bill also (1) prohibits motor vehicle dealers and repairers from selling any vehicle that has not had a noise inspection or met the noise limit requirements and (2) specifically prohibits people, firms, and corporationsfromdriving, or allowing to bedriven,amotor vehiclethat has not received a noise inspection and found compliant with the noise limits.Violationsofeitheroftheseprovisionsareinfractions,butthefine for a first violation is $50.

Existing law already prohibits selling new vehicles that produce a maximumdecibel level that exceedsthelaw’snoise limit (CGS §14-80a).

Registration Penalties.

The bill allows the DMV commissioner to deny a registration issuance or renewal or revoke an existing registration if the motor vehicle does not receive a noise inspection as required or fails to pay the required fee.

Waivers and Retests.

The bill allows the DMV commissioner to do the following:

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623 1.

grant waivers from complying with the standards for vehicles that fail the inspection and require repair costs that the commissioner determines are unreasonable;

2.

determine compliance of a vehicle that failed a noise inspection retest using a complete physical and functional diagnosis and vehicle inspection, showing that no additional noise-related repairs are needed;

and 3.

grant one extension, for up to two years, for getting needed repairs if the owner has economic hardship.

DEEP Standards and Technical Information (§ 2(b)) The bill requires the DEEP commissioner to consult with the DMV commissioner and provide DMV technical information, including testing techniques, standards, and instructions for (1) motorcycle emission control features and equipment and (2) motor vehicle noise inspections.

The standards must be (1) consistent with federal law and applicable DEEP regulations and (2) periodically reviewed and, if necessary, revised by DEEP to achieve the inspection programs’ objectives.

DEEP already does this for the existing emissions inspection program.

Agreements With Contractors (§ 2(c)) The bill allows the DMV commissioner to enter into a negotiated inspection agreement with one or more independent contractors, in accordance with the existing emissions inspection law, to provide for leasing, constructing, equipping, maintaining, or operating a system of official emissions inspection stations in numbers and locations as needed to provide (1) motorcycle owners reasonably convenient access to inspection facilities and (2) motor vehicle owners reasonably convenient access to noise inspection.

The commissioner may also amend existing agreements to allow emission facilities to provide emissions inspections to motorcycles and noise inspections to all motor vehicles.

All contractors and inspection facilities must comply with applicable provisions in the emissions inspection laws.

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623 Testing Fees (§ 2(d)) The bill requires the DMV commissioner, with the Office of Policy and Management secretary’s approval, to establish and modify motorcycle emissions inspection or reinspection fees, which may not exceed $20 for each biennial inspection or any reinspection.

(This is the amount available under the existing emissions inspection law, and in practice, the fee is set at $20.) The bill also allows the commissioner to establish and modify an additional fee for motor vehicle noise inspection, but it may not exceed the fee set for an emissions test.

Under the bill, the fees must be paid as the commissioner prescribes.

If the inspection programs’ costs, including administrative costs and payments to contractors, exceed fee income, the state must cover the excess costs.

Late Fees and Reinspection After Repair.

The bill applies the same late fee ($20) and reinspection requirements to motorcycle emissions inspections and noise inspections that apply under existing law to emissions inspections.

Liability (§ 4) The bill extends to motorcycle emissions inspection and motor vehicle noise inspection violations certain liability provisions that apply to existing emissions inspection violations.

Specifically, it makes anyone who knowingly or negligently violates the bill’s inspection requirements, or a related regulation, order, or permit issued by DEEP, liable to the state for its reasonable costs to detect, investigate, control, and abate the violation.

A violator is also liable for (1) the state’s reasonablecoststorestorenaturalresourcestotheirconditionbeforethe violation or (2) damages caused by the violation.

Civil Penalties (§ 5) Existing law requires the DEEP commissioner to adopt regulations on the civil penalties that may be imposed for causing, maintaining, or engaging in a condition that violates certain environmental laws, or SB484 / File No.

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623 associated regulations, orders, or permits.

The penalty must be of an amount to ensure compliance, but cannot exceed $25,000 per day.

By law, the motor vehicles emission inspection statute is subject to this penalty provision.

Under the bill, this penalty provision also applies to the noise inspection requirement.

(DEEP, however, has not adopted these penalties.) DEEP as Agent of the State (§ 6) The bill makes DEEP the official agent of the state in all noise inspection matters under any existing and future federal laws, as is the case under existing law for the emissions inspection statute.

§ 3 — MODIFYING OR REMOVING NOISE LIMITING EQUIPMENT The bill prohibits anyone from (1) failing to maintain, in good working order, any vehicle equipment or feature that limits the maximum decibel level the vehicle produces to a level at or below the law’s noise limit or (2) removing, dismantling, or otherwise making the equipment or feature inoperable.

Under the bill, vehicle owners who violate these prohibitions face registration revocation, unless all parts and equipment that control noise are made operable andin goodworkingorder within60daysafter notice of the violation from DMV.

Failing to maintain the equipment in good working order is also considered failing to comply with the bill’s noise inspection requirements.

Existing law has the following related motor vehicle equipment requirements and prohibition:

1.

Motor vehicles and devices on them must be operated,equipped, constructed, and adjusted to prevent unnecessary or unusual noise.

2.

Motor vehicles operated by internal combustion engines must have a muffler or mufflers designed to prevent excessive, unusual, or unnecessary exhaust noise.

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623 3.

Vehicle owners must maintain mufflers in good working order and ensure that the muffler is in use when driving the vehicle.

4.

No one, including dealers or repairers, may remove all or part of a vehicle’s muffler, except to repair or replace it, or part of it, to prevent noise more effectively.

By law, anyone who violates any of the above faces a fine of $150 per offense (CGS § 14-80).

§§ 3 & 7 — STATEMENTS OF COMPLIANCE The bill requires motor vehicle sellers to provide certain statements attesting that the vehicles they sold comply with the state’s noise limit.

Specifically, licensed motor vehicle dealers and lessors must include with each sales tax return provided to the Department of Revenue Services a statement attesting that each vehicle sold during the tax return period did not exceed the noise limit at the time of the sale.

For casual sales (i.e., sales made by anyone who is not an employee of a licensed motorvehicledealerorlessor),thevehicle’ssellermustprovide the purchaser with a similar statement, and the purchaser must include a copy of it with the use tax payment when registering the vehicle with DMV.

§§ 8 & 9 — SALES AND USE TAX ON LOUD MOTORCYCLES AND MUFFLERS Motorcycles The bill increases to 50%, the sales and use tax rate on motorcycles that exceed state noise limits.

Under current law, the sales and use tax rate for motorcyclesis 6.35%,except for motorcycles(1) with salesprices above $50,000, whichare taxedat 7.75%,or (2)soldto certainactive duty military members, which are taxed at 4.5%.

The bill also makes conforming changes to direct revenue from the tax imposed at this new rate to the Special Transportation Fund (STF).

Existing law directs an increasing portion of sales tax revenue from motor vehicle sales to the STF.

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623 Mufflers The bill also increases to 50% (from 6.35%) the sales and use tax rate on replacement or aftermarket motorcycle mufflers that would cause a motorcycle to exceed state noise limits.

(It is unclear how a retailer would determine if a muffler would cause a motorcycle to exceed state noise limits.) BACKGROUND Vehicles Subject to Emissions Inspections State emissions inspection requirements apply to all motor vehicles except the following:

1.

vehicles with a gross vehicle weight rating (GVWR) of more than 10,000 pounds;

2.

electric vehicles, bicycles, or foot scooters;

3.

bicycles with motors attached;

4.

vehicles with temporary registrations or new vehicles at the time of initial registration;

5.

vehicles manufactured at least 25 years ago or that are four or fewer model years old;

6.

registered vehicles that are not designed primarily for highway use (e.g., snowmobiles and dirtbikes);

7.

farm vehicles;

8.

diesel-powered type II school buses;

9.

vehicles operated by dealers or repairers to and from (a) a purchase or sale location or (b) an emissions testing site;

and 10.

vehicles registered as composite vehicles (CGS § 14-164c;

Conn.

Agencies Regs.

§ 14-164c-3b).

Noise Limits for Motor Vehicles SB484 / File No.

623 33 SB484 File No.

623 State law charges the DMV commissioner with setting motor vehicle noise limits in regulations (CGS § 14-80a).

The maximum permissible noise level varies based on the vehicle type;

its age, weight, and current speed;

and the road surface on which it travels.

For vehicles manufactured on or after January 1, 1979, it ranges from 72 dB to 92 dB.

Table 1 provides the maximum levels for (1) vehicles with a GVWR of less than 10,000 pounds, which includes most passenger motor vehicles, and (2) motorcycles.

Other types of vehicles have different limits (Conn.

Agencies Regs.

§ 14-80a-4a).

Table 1:

Maximum Noise for Motor Vehicles With a GVWR of Less Than 10,000 Pounds and Motorcycles (Manufactured After 01/01/1979) Highway Operation Stationary Soft Site Hard Site Soft Site Hard Site Highway Speed 35 MPH Above 35 MPH Above or Less 35 MPH or Less 35 MPH Motor Vehicles With a GVWR of 72 dB (A) 79 dB (A) 74 dB (A) 81 dB (A) 72 dB (A) 74 dB (A) Less Than 10,000 Pounds Motorcycles 78 dB (A) 82 dB (A) 80 dB (A) 84 dB (A) 78 dB (A) 80 dB (A) Testing Noise Level The law authorizes the DMV commissioner to establish a procedure for checking motor vehicle maximum noise levels.

Under DMV regulations, a vehicle’s noise level must be measured (1) 50 feet from the centerline of the vehicle or (2) with a testing device calibrated to measure the sound at an equivalency of 50 feet.

Testing conditions are defined as hard or soft test sites.

A hard test site is a site with ground cover of concrete, asphalt, packed dirt, gravel, or similarly reflective material.

A soft test site is a site covered by grass or similarly absorptive material (Conn.

Agencies Regs.

§ 14-80a-8a).

Related Bill sHB 5422, favorably reported by the Transportation Committee, has similar provisions requiring that motor vehicles’ noise level must be tested at the time of their emissions inspection.

SB484 / File No.

623 34 SB484 File No.

623 COMMITTEE ACTION Finance, Revenue and Bonding Committee Joint Favorable Yea 35 Nay 14 (04/05/2022) SB484 / File No.

623 35