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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 245
H.P. 448 - L.D. 615

An Act Regarding New Motor Vehicle Emission Standards

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 38 MRSA §585-D, as amended by PL 1999, c. 582, §1, is further amended to read:

§585-D. New motor vehicle emission standards

     Subject to the provisions of this section, the Board 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 department may not implement the low-emission vehicle program if the implementation of that program includes the adoption, sale, or use of the reformulated gasoline approved for sale and use in California.

     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 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. Following this evaluation, any rule adopted by the board containing a zero-emission vehicle mandate is a major substantive rule pursuant to Title 5, chapter 375, subchapter II-A.

     The department shall annually evaluate whether the State should continue to implement and enforce California low-emission vehicle standards relating to the control of emissions from new motor vehicles or new motor vehicle engines. The evaluation must include a review of the benefits and costs of enforcing the California standards and the benefits and costs of adopting the federal standards. The department shall report on its evaluation to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 15, 2007 and by January 15th every year thereafter. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation related to the department's evaluation to the Legislature.

Effective September 17, 2005.

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