Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
"Department" means the department of ecology.
"Director" means the director of the department of ecology.
"Fleet" means a group of fifteen or more motor vehicles registered in the same name and whose owner has been assigned a fleet identifier code by the department of licensing.
"Motor vehicle" means any self-propelled vehicle required to be licensed pursuant to chapter 46.16A RCW.
"Motor vehicle dealer" means a motor vehicle dealer, as defined in RCW 46.70.011, that is licensed pursuant to chapter 46.70 RCW.
"Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
The terms "air contaminant," "air pollution," "air quality standard," "ambient air," "emission," and "emission standard" have the meanings given them in RCW 70A.15.1030.
[ 2020 c 20 § 1360; 2011 c 171 § 108; 1991 c 199 § 201; 1979 ex.s. c 163 § 1; ]
The department shall conduct a public educational program regarding the health effects of air pollution emitted by motor vehicles; the purpose, operation, and effect of emission control devices and systems; and the effect that proper maintenance of motor vehicle engines has on fuel economy and air pollution emission and a public notification program identifying the geographic areas of the state that are designated as being noncompliance areas and emission contributing areas and describing the requirements imposed under this chapter for those areas.
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The department shall grant certificates of instruction to persons who successfully complete a course of study, under general requirements established by the director, in the maintenance of motor vehicle engines, the use of engine and exhaust analysis equipment, and the repair and maintenance of emission control devices. The director may establish and implement procedures for granting certification to persons who successfully complete other training programs or who have received certification from public and private organizations which meet the requirements established in this subsection, including programs on clean fuel technology and maintenance.
The department shall make available to the public a list of those persons who have received certificates of instruction under subsection (2)(a) of this section.
[ 1991 c 199 § 202; 1989 c 240 § 5; 1979 ex.s. c 163 § 2; ]
Any person:
Whose motor vehicle is tested pursuant to this chapter and fails to comply with the emission standards established for the vehicle; and
Who, following such a test, expends more than one hundred dollars on a 1980 or earlier model year motor vehicle or expends more than one hundred fifty dollars on a 1981 or later model year motor vehicle for repairs solely devoted to meeting the emission standards and that are performed by a certified emission specialist authorized by RCW 70A.25.020(2)(a); and
Whose vehicle fails a retest, may be issued a certificate of acceptance if (i) the vehicle has been in use for more than five years or fifty thousand miles, and (ii) any component of the vehicle installed by the manufacturer for the purpose of reducing emissions, or its appropriate replacement, is installed and operative.
To receive the certificate, the person must document compliance with (b) and (c) of this subsection to the satisfaction of the department.
Should any provision of (b) of this subsection be disapproved by the administrator of the United States environmental protection agency, all vehicles shall be required to expend at least four hundred fifty dollars to qualify for a certificate of acceptance.
Persons who fail the initial tests shall be provided with:
Information regarding the availability of federal warranties and certified emission specialists;
Information on the availability and procedure for acquiring license trip-permits;
Information on the availability and procedure for receiving a certificate of acceptance; and
The local phone number of the department's local vehicle specialist.
[ 2020 c 20 § 1361; 1998 c 342 § 2; 1991 c 199 § 203; 1989 c 240 § 6; 1980 c 176 § 4; 1979 ex.s. c 163 § 7; ]
The director may authorize an owner or lessee of a fleet of motor vehicles, or the owner's or lessee's agent, to inspect the vehicles in the fleet and issue certificates of compliance for the vehicles in the fleet if the director determines that: (1) The director's inspection procedures will be complied with; and (2) certificates will be issued only to vehicles in the fleet that meet emission and equipment standards adopted under RCW 70A.25.080 and only when appropriate.
In addition, the director may authorize an owner or lessee of one or more diesel motor vehicles with a gross vehicle weight rating in excess of eight thousand five hundred pounds, or the owner's or lessee's agent, to inspect the vehicles and issue certificates of compliance for the vehicles. The inspections shall be conducted in compliance with inspection procedures adopted by the department and certificates of compliance shall only be issued to vehicles that meet emission and equipment standards adopted under RCW 70A.25.080.
The director shall establish by rule the fee for fleet or diesel inspections provided for in this section. The fee shall be set at an amount necessary to offset the department's cost to administer the fleet and diesel inspection program authorized by this section.
Owners, leaseholders, or their agents conducting inspections under this section shall pay only the fee established in this section and not be subject to fees under *RCW 70A.25.100(4).
[ 2020 c 20 § 1362; 1991 c 199 § 205; 1979 ex.s. c 163 § 8; ]
The department shall investigate complaints received regarding the operation of emission testing stations and shall require corrections or modifications in those operations when deemed necessary.
The department shall also review complaints received regarding the maintenance or repairs secured by owners of motor vehicles for the purpose of complying with the requirements of this chapter. When possible, the department shall assist such owners in determining the merits of the complaints.
The department shall keep a copy of all complaints received, and on request, make copies available to the public. This is not intended to require disclosure of any information that is exempt from public disclosure under chapter 42.56 RCW.
[ 2005 c 274 § 340; 1998 c 342 § 3; 1979 ex.s. c 163 § 10; ]
The director shall adopt rules implementing and enforcing this chapter in accordance with chapter 34.05 RCW. The department shall take into account when considering proposed modifications of emission contributing boundaries, as provided for in RCW 70A.25.080(6), alternative transportation control and motor vehicle emission reduction measures that are required by local municipal corporations for the purpose of satisfying federal emission guidelines.
[ 2020 c 20 § 1363; 1991 c 199 § 206; 1989 c 240 § 8; 1979 ex.s. c 163 § 13; ]
The authority granted by this chapter to the director and the department for controlling vehicle emissions is supplementary to the department's authority to control air pollution pursuant to chapter 70A.15 RCW.
[ 2020 c 20 § 1364; 1979 ex.s. c 163 § 14; ]
The director:
Shall adopt motor vehicle emission and equipment standards to: Ensure that no less than seventy percent of the vehicles tested comply with the standards on the first inspection conducted, meet federal clean air act requirements, and protect human health and the environment.
Shall adopt rules implementing the smoke opacity testing requirement for diesel vehicles that ensure that such test is objective and repeatable and that properly maintained engines that otherwise would meet the applicable federal emission standards, as measured by the new engine certification test, would not fail the smoke opacity test.
Shall designate a geographic area as being a "noncompliance area" for motor vehicle emissions if (a) the department's analysis of emission and ambient air quality data, covering a period of no less than one year, indicates that the standard has or will probably be exceeded, and (b) the department determines that the primary source of the air contaminant is motor vehicle emissions.
Shall reevaluate noncompliance areas if the United States environmental protection agency modifies the relevant air quality standards, and shall discontinue the program if compliance is indicated and if the department determines that the area would continue to be in compliance after the program is discontinued. The director shall notify persons residing in noncompliance areas of the reevaluation.
Shall analyze information regarding the motor vehicle traffic in a noncompliance area to determine the smallest land area within whose boundaries are present registered motor vehicles that contribute significantly to the violation of motor vehicle-related air quality standards in the noncompliance area. The director shall declare the area to be an "emission contributing area." An emission contributing area established for a carbon monoxide or oxides of nitrogen noncompliance area must contain the noncompliance area within its boundaries. An emission contributing area established for an ozone noncompliance area located in this state need not contain the ozone noncompliance area within its boundaries if it can be proven that vehicles registered in the area contribute significantly to violations of the ozone air quality standard in the noncompliance area. An emission contributing area may be established in this state for violations of federal air quality standards for ozone in an adjacent state if (a) the United States environmental protection agency designates an area to be a "nonattainment area for ozone" under the provisions of the federal Clean Air Act (42 U.S.C. 7401 et seq.), and (b) it can be proven that vehicles registered in this state contribute significantly to the violation of the federal air quality standards for ozone in the adjacent state's nonattainment area.
Shall, after consultation with the appropriate local government entities, designate areas as being noncompliance areas or emission contributing areas, and shall establish the boundaries of such areas by rule. The director may also modify boundaries. In establishing the external boundaries of an emission contributing area, the director shall use the boundaries established for ZIP code service areas by the United States postal service.
May make grants to units of government in support of planning efforts to reduce motor vehicle emissions.
[ 1991 c 199 § 207; 1989 c 240 § 2; ]
The director shall review annually the air quality and forecasted air quality of each area in the state designated as a noncompliance area for motor vehicle emissions.
An area shall no longer be designated as a noncompliance area if the director determines that:
Air quality standards for contaminants derived from motor vehicle emissions are no longer being violated in the noncompliance area; and
The standards would not be violated if the emission inspection system in the emission contributing area was discontinued and the requirements of RCW 46.16A.060 no longer applied.
[ 2011 c 171 § 109; 1989 c 240 § 3; ]
Motor vehicle dealers selling a used vehicle not under a new vehicle warranty shall include a notice in each vehicle purchase order form that reads as follows: "The owner of a vehicle may be required to spend up to (a dollar amount established under RCW 70A.25.030) for repairs if the vehicle does not meet the vehicle emission standards under this chapter. Unless expressly warranted by the motor vehicle dealer, the dealer is not warranting that this vehicle will pass any emission tests required by federal or state law."
The signature of the purchaser on the notice required under subsection (1) of this section shall constitute a valid disclaimer of any implied warranty by the dealer as to a vehicle's compliance with any emission standards.
The disclosure requirement of subsection (1) of this section applies to all motor vehicle dealers located in counties where state emission inspections are required.
[ 2020 c 20 § 1365; 1991 c 199 § 210; ]
By July 1, 1992, the department shall develop, in cooperation with the departments of *general administration and transportation, and Washington State University, aggressive clean-fuel performance and clean-fuel vehicle emissions specifications including clean-fuel vehicle conversion equipment. To the extent possible, such specifications shall be equivalent for all fuel types. In developing such specifications the department shall consider the requirements of the clean air act and the findings of the environmental protection agency, other states, the American petroleum institute, the gas research institute, and the motor vehicles manufacturers association.
[ 1996 c 186 § 518; 1991 c 199 § 212; ]
The department shall establish a scientific advisory board to review plans to establish or expand the geographic area where an inspection and maintenance system for motor vehicle emissions is required. The board shall consist of three to five members. All members shall have at least a master's degree in physics, chemistry, or engineering, or a closely related field. No member may be a current employee of a local air pollution control authority, the department, the United States environmental protection agency, or a company that may benefit from a review by the board.
The board shall review an inspection and maintenance plan at the request of a local air pollution control authority, the department, or by a petition of at least fifty people living within the proposed boundaries of a vehicle emission inspection and maintenance system. The entity or entities requesting a scientific review may include specific issues for the board to consider in its review. The board shall limit its review to matters of science and shall not provide advice on penalties or issues that are strictly legal in nature.
The board shall provide a complete written review to the department. If the board members are not in agreement as to the scientific merit of any issue under review, the board may include a dissenting opinion in its report to the department. The department shall immediately make copies available to the local air pollution control authority and to the public.
The department shall conduct a public hearing, within the area affected by the proposed rule, if any significant aspect of the rule is in conflict with a majority opinion of the board. The department shall include in its responsiveness summary the rationale for including a rule that is not consistent with the review of the board, including a response to the issues raised at the public hearing.
Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
[ 1998 c 342 § 5; ]
This act shall take effect January 1, 1990.
[ 1989 c 240 § 14; ]
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By July 1, 2022, the department shall establish a baseline for emissions of greenhouse gases for vehicles used on online-enabled applications or platforms of commercial transportation services providers on a per-passenger-mile traveled basis. The baseline calculation must use data from calendar year 2018 and include:
Miles driven with no passenger delivery in the vehicle when the operator of the vehicle is logged in to a provider's digital platform or software application; and
Miles driven with one or more passengers in the vehicle as a prearranged ride.
Commercial transportation services providers must provide information to the department covering individual calendar years, consistent with a reporting schedule and criteria to be adopted by rule by the department. The department may require commercial transportation services providers to provide data regarding the number of vehicles operating in Washington by city and by county. The department must use the provided information to determine average emissions of greenhouse gases per passenger-mile including, but not limited to:
The total miles driven by vehicles operated to provide commercial transportation services in Washington state;
The percent share of miles traveled by zero emission vehicles;
The miles-weighted average network-wide grams of carbon dioxide equivalent per mile, for purposes of producing an estimate of greenhouse gas emissions; and
Total passenger-miles traveled using an average passengers-per-trip estimate to account for trips where exact passenger head count data was not captured.
The department may use reasonable methods to adjust and correct data and emission estimates including, but not limited to:
Methods to apportion emissions between commercial transportation services providers to account for: (i) Circumstances in which multiple applications or platforms are simultaneously used by a vehicle provider; or (ii) periods when vehicle providers are driving primarily for purposes other than engaging with services provided by the commercial transportation service provider, even though the latter party may be recording data on the vehicle provider's movement; and
Methods to account for passenger-miles provided via zero emissions transportation or public transit, other than a motor vehicle, offered in connection with a commercial transportation services provider's digital network.
The department may establish a baseline for a commercial transportation services provider that begins operating in Washington after calendar year 2018 with consideration of the baselines established under subsection (1) of this section and the information received by the department under subsection (2) of this section.
[ 2021 c XXX § 2; ]**
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By July 1, 2023, the department shall adopt by rule and implement mandatory annual goals and targets that begin in 2025 for each commercial transportation services provider for the reduction under the baseline established under section 2 of this act for emissions of greenhouse gases per passenger-mile. The department may establish alternate timelines for the goals and targets for a commercial transportation services provider that begins covered operations in Washington after calendar year 2018. The goals and targets must:
Include annual targets and goals for increasing the percentage of passenger-miles traveled using zero emission vehicles;
Be technically and economically feasible;
Be informed by data reported by commercial transportation services providers to the department; and
Be designed with consideration of the state greenhouse gas emission limits of RCW 70A.45.020 and the state vehicle miles traveled goals of RCW 47.01.440.
The department may delay implementation of the targets and goals adopted under this section if the department finds that unanticipated barriers exist to expanding the usage of zero emission vehicles by commercial transportation services providers. No less frequently than every two years, the department must review available data related to barriers to usage of zero emission vehicles by commercial transportation services providers, including data related to current and future electric transportation adoption rates and charging infrastructure utilization rates.
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Beginning January 1, 2024, each commercial transportation services provider must develop and submit to the department a greenhouse gas emission reduction plan. The department may establish alternate deadlines for the submission of a plan by a commercial transportation services provider that begins operating in Washington as a covered entity after calendar year 2018. The department shall review the plan within one hundred eighty days of receipt of the plan, including a review of the plan for compliance with subsections (4) and (5) of this section, and decide whether to approve the plan. If a plan is rejected, the department shall provide the reasons for rejecting the plan to the commercial transportation services provider. The commercial transportation services provider must submit a new plan within sixty days after receipt of the letter of disapproval. Each commercial transportation services provider must implement a greenhouse gas emission reduction plan by January 1, 2025.
A commercial transportation services provider must submit a plan amendment to the department no less than forty-five days before the commercial transportation services provider plans to begin implementing a substantial change to the commercial transportation services provider's plan. Within forty-five days of receipt of a plan amendment, the department must decide whether to approve the plan amendment and must provide the reasons for rejecting the plan amendment.
Greenhouse gas emission reduction plans must contain proposals for meeting the goals and targets established in subsection (1) of this section through, at a minimum:
Increasing the proportion of vehicles used to complete trips that are zero emission vehicles;
Increasing the proportion of vehicle miles completed by zero emission vehicles relative to the proportion of overall vehicle miles;
Decreasing the average gram-per-mile greenhouse gas emission rates for vehicle miles traveled; and
Increasing the proportion of passenger-miles traveled relative to overall vehicle miles traveled.
Plans developed under this section by each commercial transportation services provider must also:
Consider incentives to encourage increasing the share of total miles traveled by passengers whose walking, biking, or other active or zero emission modes of transportation are facilitated using vehicles on an online-enabled application or platform; and
Outline actions that a commercial transportation services provider will take to ensure that the plan will not result in negative financial outcomes for drivers relative to existing operational conditions.
The department may allow plans to achieve credit towards the goals and targets established in subsection (1) of this section through the provision, funding, or other financial support of transportation electrification infrastructure by the commercial transportation services provider that is used to support commercial transportation services provider company vehicle charging.
Plans required under this section must be updated and resubmitted to the department by January 1, 2026, and each January 1st of even-numbered years thereafter, with implementation of resubmitted plans commencing January 1, 2027, and each January 1st of odd-numbered years thereafter.
The department must contract for two independent analyses of the effects on drivers affiliated with commercial transportation services providers of the implementation of each plan by each commercial transportation services provider. The first analysis must cover at least the first 12 months of plan implementation and must be completed and made public on the department's website by November 1, 2026. The second analysis must cover at least the first five years of plan implementation and must be completed and made public on the department's website by November 1, 2030.
[ 2021 c XXX § 3; ]**
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The department may determine, assess, and collect annual fees from each commercial transportation services provider sufficient to cover the direct and indirect costs of administering and enforcing the provisions of this section and sections 2 and 3 of this act.
The annual fee assessed to each commercial transportation services provider must be calculated by dividing the department's administrative costs associated with commercial transportation services providers by the provider's proportional share of total number of miles of service provided by all commercial transportation services providers during the preceding calendar year.
[ 2021 c XXX § 4; ]**
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The department may adopt rules to implement, administer, and enforce sections 2 through 4 of this act. In adopting rules under this section, the department must ensure, to the extent practicable:
Minimal negative impact on low-income and moderate-income drivers;
That the program complements and supports the planning goals of RCW 36.70A.020; and
That the program supports a goal of providing clean mobility for low-income and moderate-income individuals.
By September 30, 2027, and every two years thereafter, the department must submit a brief report to the appropriate committees of the legislature that addresses:
The greenhouse gas emission and vehicle miles traveled reductions achieved under plans implemented consistent with this chapter; and
The efficacy and sufficiency of financial incentives created by the legislature to encourage and facilitate the replacement of high-utilization commercial transportation services provider vehicles with zero emission vehicles.
A commercial transportation services provider that submits information or records to the department under this chapter may request that the information or records be made available only for the confidential use of the department, the director, the appropriate division of the department, or an entity carrying out the independent analysis as required under section 3(8) of this act, and other city, county, or state agencies under data-sharing agreements approved by the department that provide the same protections as would be afforded to the information or records if the information or records remained solely in the possession of the department. The director shall give consideration to the request and if this action is not detrimental to the public interest and is otherwise in accord with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160.
The department may not make public information that would constitute an invasion of privacy consistent with the standard established in RCW 42.56.050 including, at minimum, information that would allow identification of individuals receiving services from commercial transportation services providers.
[ 2021 c XXX § 5; ]**