AB 349 — Revises provisions governing motor vehicles. (BDR 43-58)

(NRS 445B.770) Existing law also authorizes the Commission to exempt designated classes of motor vehicles, including classes based upon the year of manufacture of motor vehicles, from having to comply with the emissions standards.

(NRS 445B.825) Existing regulations exempt new motorithmotor vehicles from compliance with emissions standards until the third registration of the vehicle, which is the first 2 years of the life of the motor vehicle.

(NAC 445B.592) Section 9 of this bill exempts new motor vehicles from the test of emissions conducted by the Department until the fourth registration of the vehicle, which is the first 3 years of the life of the motor vehicle, and requires the Department to conduct the test annually after the fourth registration of the motor vehicle.

Sections 5 and 8 of this bill make conExistingconforming lawchanges. requires the Commission to:

(1)Existing providelaw forrequires acertain waiverfees from having to complybe withpaid theto provisions governing the controlDepartment ofand emissionsaccounted fromfor enginesin ifthe compliancePollution involvesControl repairAccount andwhere equipmenta costsprogram whichgoverning exceed the limitscontrol setof byemissions thefrom Commission;engines is commenced.

andExisting (2)law establishrequires such limits in a mannerfee whichof avoids$6 unnecessaryfor financialeach hardshipform issued to motora vehiclefleet owners.station.

(NRS 445B.825)445B.830) SectionExisting 9law requiresauthorizes the CommissionCommission, toin providea forcounty anwhose additionalpopulation waiveris if100,000 theor vehiclemore is(currently repairedClark byand theWashoe ownerCounties) to adopt regulations to establish a voluntary program of the- vehicle81st inSession any(2021) situation– and3 clarifies– thatelectronic suchmonitoring repairsof include:emission information from certain vehicles.

(1) the owner purchasing parts for the repair of the vehicle;

(2) the owner buying equipment for the repair of the vehicle;

and (3) the owner performing labor for the repExisting law requires certain fees to be paid to the Department and accounted for in the Pollution Control Account where a program governing the control of emissions from engines is commenced.

(NRS 445B.830) Section 10 of this bill increases:

(1) from $25 to $100 the fee for the issuance and annual renewal of a license for an authorized inspection station, authorized station or fleet station;

(2) - *AB349_R1* – 4 – from $150 to $250 the fee for each set of 25 forms certifying emission control compliance;

and (3) from $6 to $8.50 the fee for each form issued to a fleet station.

or more (currently Clark and Washoe Counties) to adopt regulations to establish a voluntary program of electronic monitoring of emission information from certain vehicles.

Existing law requires a board of county commissioners, if the board is authorized to impose an additional fee for each form certifying emission control the authorized station or authorized inspection station that performs the inspection pursuant to which the form certifying emission control compliance is issued.

(NRS 445B.834) Section 10.5 of this bill authorizes the board of county commissioners for a county whose population is 100,000 or more (currently Clark and Washoe Counties) to impose by ordinance an additional fee for each form certifying emission control compliance.

Section 10.5 requires a board that imposes such an additional fee to notify the Department for the purposes of collecting and distributing the fee.

Section 10.3 of this bill requires the Department:

(1) upon (2) to account separately for the additional fee in the Pollution Control Account;ty;

and (3) to make quarterly distributions to each applicable county of money equal to the amount of the additional fees that were collected on behalf of the county.

Section 10.5 provides that, if such an additional fee is imposed, the board shall use the money received from the additional fee to support the programs of local air pollution control agencies to reduce emissions from a motor vehicle with at least 50 percent of such money being used to support the programs of local air pollution historically underserved communities.

Section 10.5 additionally removes a of requirement that a board of county commissioners ensure that 2 percent of any such fee is retained as a commission by the authorized station or authorized inspection station that performs the inspection pursuant to which the form certifying emission control compliance is issued.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

or - 81st Session (2021) – 4 – (2) Includes an endorsement designed or designated specifically for classic or antique vehicles.

Except as otherwise provided in subsection 4, any vehicle issued special license plates and a registration certificate pursuant tomay subsectionbe 1used shallfor:shall not be used for general transportation but may(a) beClub usedactivities, for:exhibitions, tours, parades or similar activities;

(a) Club activities, exhibitions, tours, parades or similar activities;

- *AB349_R1* – 5 – 5.

(a) For the first issuance .........................................................$35 (b) For a renewal sticker.........................................................$10sticker.........................................................$1035 [5.] 8.

In addition to the fees required pursuant to subsection [4,] 7, the Department shall charge and collect [a]a an annual fee [forfor the first issuance of the license plates]plates for those motor vehicles exempted pursuant to [paragraph (b) of subsection 1 of NRS 445B.760] subsection 3 from the provisions of NRS 445B.770 to 445B.815, inclusive.

Fees paid to the Department pursuant to subsection [5] 8 must be accounted for in the Pollution Control Account created by NRS 445B.830 and distributed in accordance with subsection 6 of NRS 445B.830.

- 81st Session (2021) – 5 – (a) Driven more than 5,000 miles during the immediately preceding year;

(Deleted by amendment.) Sec.482.3814 1.

3.Except3814 is asrebotherwise toprovided folinws[NRS 482.2655,] subsection 4, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

NRS 482.3814 is hereby amended to read as follows:

482.3814 1.

Except as otherwise provided in [NRS 482.2655,] subsection 4, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

- *AB349_R1* – 6 – 2.

and (b) Such other uses that are necessary for the operation and maintenancemai3.enaA ofvehicle that complies with subsection 2 is exempt from the vehicle.provisions of NRS 445B.770 to 445B.815, inclusive.

3.

A vehicle that complies with subsection 2 is exempt from the provisions of NRS 445B.770 to 445B.815, inclusive.

A person may request personalized prestige license plates issued pursuant to NRS 482.3667 instead of a special license - 81st Session (2021) – 6 – plate issued pursuant to subsection [2] 5 if that person pays the fees for the personalized prestige license plates in addition to the fees required pursuant to this section.

If, during a registration year, the holder of special plates issuedwhich pursuantthe toplates subsectionare [2]affixed, 5the orholder [3]shall 6retain disposesthe ofplates theand:to vehicle(a) Affix them to another vehicle which meets the platesrequirements areof affixed,this section and report the holderchange shallto retainthe Department in accordance with the platesprocedure and:set forth for other transfers;

(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers;

In addition to the fees required pursuant to subsection [5,] 8, the Department shall charge and collect [a]a an annual fee [forfor the first issuance of the special license plates]plates for those motor vehicles exempted pursuant to [paragraph (b) of subsection 1 of NRS 445B.760] subsection 3 from the provisions of NRS 445B.770 to 445B.815, inclusive.

- *AB349_R1* – 7 – [7.] 10.

Fees paid to the Department pursuant to subsection [6] 9 must be accounted for in the Pollution Control Account created by NRS 445B.830 and distributed in accordance with subsection 6 of NRS 445B.830.

As used in this section, “general transportation” means a vehicleveh(a) thatDriven is:more than 5,000 miles during the immediately preceding year;

(a) Driven more than 5,000 miles during the immediately preceding year;

and - 81st Session (2021) – 7 – (d) Having proof satisfactory to the Department that the vehicle is covered by insurance that meets the requirements of NRS 485.185 and that:

(1) Is designed or designated specifically for a classic or antique(2) Includes an endorsement designed or designated specifically for classic or antique vehicle;vehicles.

or (2) Includes an endorsement designed or designated specifically for classic or antique vehicles.

- *AB349_R1* – 8 – 5.

Except as otherwise provided in subsection [3,] 6, license plates issued pursuant to this section must be inscribed with the words “CLASSIC VEHICLE” and a number of characters, including numbers and letters, as determined necessary by the Director.

numbers and letters, as determined necessary by the [3.] 6.

[5.]- 8.81st Session (2021) – 8 – to all other applicable registration and license fees and governmental services taxes.

The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes.

In addition to the fees required pursuant to subsection [5,] 8, the Department shall charge and collect [a]a an annual fee [forfor the first issuance of the special license plates]plates for those motor vehicles exempted pursuant to [paragraph (b) of subsection 1 of NRS 445B.760] subsection 3 from the provisions of NRS 445B.770 to 445B.815, inclusive.

Fees paid to the Department pursuant to subsection [6] 9 must be accounted for in the Pollution Control Account created by NRS 445B.830 and distributed in accordance with subsection 6 of NRS 445B.830.

(a) Driven more than 5,000 miles during the immediately preceding year;

or than 5,000 miles during the immediately (b) Used for any capacity for commercial purposes.

[If] Except as otherwise provided in subsection 3 of NRS 445B.825, if the test conducted pursuant to NRS 445B.798 indicates that a motor vehicle which is registered in a county whose population is 100,000 or more does not comply with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations - *AB349_R1* – 9 – adopted pursuant thereto, the Department shall mail to the registered owner of the vehicle a notice that the vehicle has failed the test.

3.any motor vehicle which fails the test conducted pursuant to NRSf 445B.798, unless within 30 days after the notice is mailed by the Department pursuant to subsection 2, the registered owner of the vehicle:

The Department shall rescind and cancel the registration of any motor vehicle which fails the test conducted pursuant to NRS 445B.798, unless within 30 days after the notice is mailed by the Department pursuant to subsection 2, the registered owner of the vehicle:

and (b)- Provides81st toSession the(2021) Department– evidence9 of– compliance issued by the authorized station or authorized inspection station certifying that the vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto.

In any county whose population is 100,000 or more, the Commission may, in cooperation with the Department of Motor Vehicles and any local air pollution control agency, adopt regulations to establish a voluntary program of electronic monitoring of emission information, from vehicles equipped with onboard diagnostic equipment that permits such monitoring, for the purposes of compliance with this chapter.

such monitoring, for the 2.

NRS(Deleted 445B.775by isamendment.) herebySec. amended to read as follows:

445B.775 1.

The regulations adopted by the Commission pursuant to NRS 445B.770 must establish requirements by which the Department of Motor Vehicles may license:

- *AB349_R1* – 10 – [1.] (a) Authorized inspection stations, including criteria by which any person may become qualified to inspect devices for the control of emissions for motor vehicles.

The regulations adopted by the Commission pursuant to NRS 445B.770 must provide that a facility licensed as an authorized inspection station:

[(a)] (1) Except as otherwise provided in [paragraph (b),] subparagraph (2), may not, unless specifically authorized by the Commission, install, repair, diagnose or adjust any component or system of a motor vehicle that affects exhaust emissions.

[(b)] (2) May perform the following activities in connection with a motor vehicle:

[(1)] (I) The changing of oil;

[(2)] (II) The replacing of an oil filter, air filter, fuel filter, belt or hose;

and [(3)] (III) The servicing of a fuel injection system using methods approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

[2.] (b) Authorized stations, including criteria by which any person may become qualified to inspect, repair, adjust and install devices for the control of emissions for motor vehicles.

2.

The regulations adopted by the Commission pursuant to NRS 445B.770 must authorize any approved inspector who is licensed by the Department of Motor Vehicles:

(a) Only to test exhaust emissions to work at any authorized inspection station, authorized station or any class of fleet station or multiple locations of such stations.

Such an inspector shall not diagnose, repair or service devices for the control exhaust emissions at any such station.

(b) To test exhaust emissions and diagnose, repair and service devices for the control of exhaust emissions to work at any authorized inspection station, authorized station or any class of fleet station or multiple locations of such stations.

Sec.

(1) Except as otherwise provided in subparagraph (2), may not, unless specifically authorized by the Commission, install, repair, diagnose or adjust any component or system of a motor vehicle that affects exhaust emissions.

- *AB349_R1* – 11 – (I) The changing of oil;

and - 81st Session (2021) – 10 – (III) The servicing of a fuel injection system using methods approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

(b) Prescribe the manner in which authorized inspection stations, authorized stations and fleet stations inspect motor vehicles and issue evidence of compliance.

fleet stations inspect motor vehicles (c) Prescribe the diagnostic equipment necessary to perform the required inspection.

TheIf an approved inspector who has paid a fee for the initial issuance of a license to inspect motor vehicles and devices for the control of pollution wishes to be licensed at one or more locations in addition to the location for which the initial issuance of the license was applicable, the regulations adopted by the Department of Motor Vehicles pursuant to this section must authorizenot anyimpose approveda inspectorfee whogreater isthan licensed$2 byfor the Departmentissuance and renewal of Motorthe Vehicles:license for eacSec.

(a)8.ionNRS Only445B.798 tois testhereby exhaustamended emissions to workread atas anyfollows: authorized inspection station, authorized station or any class of fleet station or multiple locations of such stations.

Such445B.798 an[In] inspectorNotwithstanding shallsubsection not3 diagnose,of repairNRS or445B.825, servicein devicesa forcounty whose population is 100,000 or more, the controlDepartment exhaustof Motor Vehicles may conduct a test of the emissions atfrom anya suchmotor station.vehicle which is being operated on a highway in that county to determine whether the vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto.

(b) To test exhaust emissions and diagnose, repair and service devices for the control of exhaust emissions to work at any authorized inspection station, authorized station or any class of fleet station or multiple locations of such stations.

8.

NRS 445B.798 is hereby amended to read as follows:

445B.798 [In] 1.

Notwithstanding subsection 3 of NRS 445B.825 and except as otherwise provided in subsection 2, in a county whose population is 100,000 or more, the Department of Motor Vehicles may conduct a test of the emissions from a motor vehicle which is being operated on a highway in that county to determine whether the vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto.

- *AB349_R1* – 12 – 2.

As an alternative to the test of the emissions authorized to be conducted pursuant to subsection 1, in a county whose population is 100,000 or more, the Department of Motor Vehicles may establish a remote sensing system to test the emissions from a motor vehicle which is being operated on a highway in that county to determine whether the vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto.

If the Department of Motor Vehicles establishes a remote sensing system pursuant to this subsection, the Department of Motor Vehicles shall adopt regulations:

(a) As necessary for carrying out the remote sensing system, including, without limitation, the implementation and enforcement of the remote sensing system and the control of quality assurance of the remote sensing system;

(b) That provide the procedure for a person to register to participate in the remote sensing system, including, without limitation, requiring the person to pay a fee that is equivalent to any fee charged by the Department of Motor Vehicles for conducting a test of the emissions from a motor vehicle pursuant to subsection 1;

and (c) That allow for the collection of data from the remote sensing system.

The Department of Motor Vehicles and any other agency of this State may use the data collected from the remote sensing system, so long as the information of a person who participates in the remote sensing system is not disclosed to the public.

3.

As used in this section, “remote sensing system” means an emissions profiling system that uses remote sensing devices (RSD) on a highway in a county whose population is 100,000 or more to identify the emissions from a motor vehicle.

Sec.

§ [86.1702-99,] 86.1803-01, is exempt from the provisions of - 81st Session (2021) – 11 – NRS 445B.770 to 445B.815, inclusive, until the model year of the vehicle is 6 years old.

A new motor vehicle is exempt from the test conducted pursuant to NRS 445B.798 and the provisions of NRS 445B.770 to 445B.815, inclusive, until the fourth registration of the motor vehicle.

If the Department of Motor Vehicles conducts a testtesttor pursuant to NRS 445B.798, the Department of Motor Vehicles shall conduct the test pursuant to NRS 445B.798 to determine - *AB349_R1* – 13 – whether the motor vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto, annually after the fourth registration of the motor vehicle.

The Commission shall provide for a waiver from the provisions of NRS 445B.770 to 445B.815, inclusive, if [compliance]compliance :involves repair and equipment costs which exceed the limits established by the Commission.

(a) Compliance involves repair and equipment costs which exceed the limits established by the Commission [.

] ;

or (b) The following applies:

(1) Compliance involves repair and equipment costs which exceed the limits established by the Commission;

and (2) The vehicle is repaired by the owner of the vehicle.

Such repairs by the owner of the vehicle include, without limitation:

(I) The owner purchasing parts for the repair of the vehicle;

(II) The owner buying equipment for the repair of the vehicle;

and (III) The owner performing labor on the vehicle for the repair of the vehicle.

 The Commission shall establish the limits referenced in this section in a manner which avoids unnecessary financial hardship to motor vehicle owners.

(Deleted by amendment.) Sec.

10.3.

445B.830is 1.commenced pursuant to NRS 445B.770 to 445B.815, inclusive,ram the following fees must be paid to the Department of Motor Vehicles and accounted for in the Pollution Control Account, which is hereby created in the State General Fund:

In(a) areasFor of the Stateissuance where and whenannual arenewal programof isa commencedlicense pursuantfor toan NRSauthorized 445B.770inspection tostation, 445B.815,authorized inclusive,station theor followingfleet feesstation....................................................................................$25 must(b) beFor paideach toset the Department of Motor25 Vehiclesforms andcertifying accountedemission forcontrol incompliance........................................................................150 the(c) PollutionFor Controleach Account,form whichissued isto herebya createdfleet instation...................................6 the2. State General Fund:

(a)Except Foras theotherwise issuanceprovided in subsection 6, and annualafter renewaldeduction of athe licenseamounts fordistributed anpursuant authorizedto inspection[subsection] station,subsections authorized4 station[,] orand fleet7, station.......................................[$25]money $100in (b)the ForPollution eachControl setAccount may, pursuant to legislative appropriation or with the approval of 25- forms81st certifyingSession emission(2021) control– compliance..........................................................[150]12 212.50– (c)agencies Forin eachthe formfollowing issuedorder of priority:y the following (a) The Department of Motor Vehicles to acarry fleetout station.........................[6]the 8.50provisions -of *AB349_R1*NRS –445B.770 14to –445B.845, 2.inclusive.

Except as otherwise provided in subsection 6, and after deduction of the amounts distributed pursuant to subsection 4, money in the Pollution Control Account may, pursuant to legislative appropriation or with the approval of the Interim Finance Committee, be expended by the following agencies in the following order of priority:

(a) The Department of Motor Vehicles to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.

The Department of Motor Vehicles may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an fees, authorized inspection station or authorized station.

Each local air pollution control agency that receives money pursuant to subsections 4 and[and] , 6 and 7 shall, not later than 45 days after the end of the fiscal year in which the money is received, submit to the Director of the Legislative Counsel Bureau for transmittal to the Interimmoney received.Interim Finance Committee a report on the use of the6. money received.

6.

The distributions of excess - *AB349_R1* – 15 – money made to local air pollution control agencies in a county pursuant to this subsection must be made in an amount - 81st Session (2021) – 13 – proportionate to the number of forms issued in the county pursuant to subsection 1 and an amount proportionate to the amount of fees paid in the county pursuant to NRS 482.381, 482.3812, 482.3814 and 482.3816.

(a) The money in excess of $1,000,000 remaining in the Pollution Control Account at the end of the fiscal year, after deduction of the amounts distributed pursuant to subsection[subsection] subsections 4 and 7 and any disbursements made from the Account pursuant to subsection 2;

and (b) The money deposited in the Pollution Control Account by the Department of Motor Vehicles pursuant to NRS 482.381,nt482.381, by 482.3812, 482.3814 and 482.3816.

TheIf Departmenta board of Motorcounty Vehiclescommissioners shallimposes providean foradditional thefee creationpursuant ofto ansubsection advisory1 committee consisting of representativesNRS of445B.834, state and local agencies involved in the controlDepartment of emissionsMotor fromVehicles motorshall: vehicles.

(a) Upon receiving the notification pursuant to subsection 2 of NRS 445B.834, collect the additional fee on behalf of the county and account separately for money from the additional fee in the Pollution Control Account;

and (b) Make quarterly distributions of the money in the Pollution Control Account attributable to each county whose board of county commissioners imposed the additional fee.

The distributions made pursuant to this subsection must be equal to the amount of money collected on behalf of the county pursuant to the additional fee imposed by the board of county commissioners of the county.

8.

The Department of Motor Vehicles shall provide for the state and local agencies involved in the control of emissions from motor vehicles.

10.5.

NRS 445B.834 is hereby amended to read as follows:

445B.834 1.

[If the board of county commissioners of a county is authorized to impose an additional fee for each form certifying emission control compliance, the board shall ensure that 2 percent of any such fee it imposes is retained as a commission by the authorized station or authorized inspection station that performs - 81st Session (2021) – 14 – control compliance is issued.ich the form certifying emission 2.] The board of county commissioners of a county whose population is 100,000 or more may by ordinance impose an additional fee for each form certifying emission control compliance.

2.

If a board of county commissioners imposes an additional fee pursuant to subsection 1, the board of county commissioners shall notify the Department of Motor Vehicles for the purposes of collecting and distributing the additional fee pursuant to subsection 7 of NRS 445B.830.

3.

If a board of county commissioners imposes an additional fee pursuant to subsection 1, the board shall:

(a) Subject to the provisions of paragraph (b), use any money received from the additional fee to support the programs of local air pollution control agencies to reduce emissions from a motor vehicle;

and additional fee to support the programs of local air pollutionm the control agencies to reduce emissions from a motor vehicle for the benefit of historically underserved communities.

4.

As used in this section [, “additional] :

(a) “Additional fee” does not include any fee that is imposed pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 445B.830.

(b) “Block” means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.

(c) “Block group” means a combination of blocks whose numbers begin with the same digit.

(d) “Census tract” means a combination of block groups.

(e) “Historically underserved community” means:

(1)(I) Designated as a qualified census tract by the United States Secretary of Housing and Urban Development pursuant to U.S.C.

§ 42(d)(5)(B)(ii);

or (II) In which, in the immediately preceding census, at least 20 percent of households were not proficient in the English language;

(2) A community in this State with at least one public school:

- 81st Session (2021) – 15 – (I) In which 75 percent or more of the enrolled pupils in the school are eligible for free or reduced-price lunches pursuant to 42 U.S.C.

§§ 1751 et seq.;

or (II) That participates in universal meal service in high Free Kids Act of 2010, Public Law 111-296;

orHealthy, Hunger- (3) A community in this State located on qualified tribal land, as defined in NRS 370.0325.

Sec.

This section and sections 2, 5 to 9, inclusive, 10.3, 10.5 and 11 of this act, become effective on October 1, 2021.

H~~~~~ 21 - *AB349_R1*81st Session (2021)