643.310. Commission to establish decentralized motor vehicle emissions inspection program, certain cities and counties, exceptions--selection of person to operate inspection facility or program, proce
Commission to establish decentralized motor vehicle emissionsinspection program, certain cities and counties,exceptions--selection of person to operate inspection facility orprogram, procedure, contract requirement--selection ofcontractors, minorities, motor vehicle dealers--storage ofconventional gasoline in nonattainment area.
643.310. 1. The commission may, by rule, establish a decentralizedmotor vehicle emissions inspection program pursuant to sections 643.300 to643.355 for any portion of a nonattainment area located within the areadescribed in subsection 1 of section 643.305. The decentralized motorvehicle emissions inspection program shall be implemented and applied inthe same manner throughout every portion of a nonattainment area locatedwithin the area described in subsection 1 of section 643.305. Thecommission shall ensure that, for each nonattainment area, the stateimplementation plan established pursuant to subsection 1 of section 643.305incorporates and receives all applicable credits allowed by the UnitedStates Environmental Protection Agency for emission reduction programs inother nonattainment areas of like designation in other states. Thecommission shall ensure that emission reduction amounts establishedpursuant to subsection 2 of section 643.305 shall be consistent with andnot exceed the emissions reduction amounts required by the United StatesEnvironmental Protection Agency for other nonattainment areas of likedesignation in other states. No motor vehicle emissions inspection programshall be required to comply with subsection 1 of section 643.305 unless theplan established thereunder takes full advantage of any changes inrequirements or any agreements made or entered into by the United StatesEnvironmental Protection Agency and any entity or entities on behalf of anonattainment area concerning compliance with National Ambient Air QualityStandards of the federal Clean Air Act, as amended, 42 U.S.C. 7401, etseq., and the regulations promulgated thereunder.
2. (1) The department, with the cooperation and approval of thecommissioner of administration, shall select a person or persons to operatean inspection facility or inspection program pursuant to sections 643.300to 643.355, under a bid procedure or under a negotiated process or acombination thereof based on criteria and expectations established by thedepartment. This process may use either a licensing arrangement orcontractual arrangement with the selected party or parties. The selectionof persons to operate inspection facilities or inspection programs shall beexempt from the provisions of all site procurement laws. Each person whois authorized to operate a station pursuant to this section shall becapable of providing adequate and cost-effective service to customers.
(2) Service management, coordination and data processing may beprovided by the department or by another person, including a contractor orlicensee, based upon the most cost-effective proposal for service.
(3) A license or contract shall be for a period of up to seven years,consistent with the provisions of article IV, section 28 of the MissouriConstitution, and licenses or contracts shall be annually reviewed. Alicense or contract may be suspended or revoked if the licensee orcontractor is not meeting the conditions of sections 643.300 to 643.355,all applicable rules, the license agreement or contract as determined bythe department. A licensee or contractor found to have violated sections643.300 to 643.355, applicable rules or the conditions of the licenseagreement or contract shall be in violation of section 643.151 and subjectto the penalties provided thereunder.
3. The commission, the department of economic development and theoffice of administration shall, in cooperation with the minority businessadvocacy commission, select the contractor or contractors to provide aninspection program which satisfies the minimum requirements of this sectionin accordance with the requirements of section 33.752, RSMo, and chapter34, RSMo. The commission, the office of administration and the departmentof economic development, in cooperation with the minority business advocacycommission, shall ensure adequate minority business participation in theselection of the contractor or contractors to provide an inspection programpursuant to this section. The commission, the office of administration andthe department of economic development shall ensure adequate participationof Missouri businesses in the selection of the contractor or contractors toprovide an inspection program pursuant to this section.
4. With approval of the commission and pursuant to rules adopted bythe commission, an organization whose members are motor vehicle dealers orleasing companies may establish one or more additional emissions inspectionfacilities, which may be either mobile or stationary, to be used solely toinspect motor vehicles owned and held for sale or lease by the members ofthe organization. With approval of the commission and pursuant to rulesadopted by the commission, any person operating a fleet of motor vehiclesmay establish one or more additional emissions inspection facilities, whichmay be either mobile or stationary, to be used solely to inspect motorvehicles owned or leased and operated by the person establishing thefacility. The inspections performed in facilities established pursuant tothis subsection shall be performed by a contractor selected by thecommission pursuant to this section and the contractor performing suchinspections shall be responsible solely to the department and shall satisfyall applicable requirements of sections 643.300 to 643.355.
5. If the governor applies to the administrator of the EnvironmentalProtection Agency to require federal reformulated gasoline in nonattainmentareas, nothing in sections 643.300 to 643.355 shall prevent the storage ofconventional gasoline in nonattainment areas which is intended for sale toagricultural, commercial or retail customers outside said nonattainmentareas subject to reformulated gasoline.
(L. 1994 S.B. 590, A.L. 1998 S.B. 619, A.L. 1999 H.B. 603, et al. merged with S.B. 19, A.L. 2003 S.B. 54, A.L. 2006 S.B. 583)Effective 9-01-07