Section 5 of the act prohibits a person, on or after January 1, 2024, from tampering with a motor vehicle's emission control system, conveying or offering to convey a motor vehicle with an emission control system that has been tampered with, or operating a motor vehicle with an emission control system that has been tampered with (anti-tampering provisions).
Section 5 also:
- On and after July 1, 2025, provides a "safe harbor" from enforcement of the anti-tampering provisions for a period up to one year for a person that self-reports noncompliance with the anti-tampering provisions;
- Authorizes the air quality control commission to adopt rules as necessary to implement the anti-tampering provisions;
- Exempts motorcycles from the anti-tampering provisions; and
- Authorizes the department of public health and environment, on or before January 1, 2025, and on or before January 1 of each year thereafter, to report to the legislative committees that hear energy matters a summary of the complaints filed, enforcement actions taken, and penalties assessed for violations of the anti-tampering provisions.
Section 1 authorizes the attorney general to bring a civil action to enforce the anti-tampering provisions, and sections 3 and 4 establish penalties for the anti-tampering provisions. Section 3 requires penalties collected to be credited to the catalytic converter identification and theft prevention grant program cash fund (fund), which fund is created in section 2 and is to be used for the catalytic converter identification and theft prevention grant program created in House Bill 22-1217, concerning measures to prevent catalytic converter theft, if that bill becomes law. Sections 2 and 3 take effect only if House Bill 22-1217 becomes law. Alternatively, if House Bill 22-1217 does not become law, section 4 takes effect and requires penalties collected to be credited to the AIR account in the highway users tax fund for the administration of the automobile inspection and readjustment program.
Section 6 makes nonsubstantive changes to the definition of "motor vehicle".
Section 7 extends the period during which a motor vehicle dealer remains liable to a consumer for a recently purchased motor vehicle's compliance with emissions standards from 3 business days after purchase to 5 business days after purchase.
Section 8 authorizes the department of revenue to deny, suspend, or revoke a motor vehicle dealer's, wholesale motor vehicle auction dealer's, wholesaler's, buyer agent's, or used motor vehicle dealer's license for selling to a retail customer a motor vehicle that is not equipped with a properly functioning emission control system.
(Note: This summary applies to this bill as enacted.)