4710 - Vehicle Emission System Inspection Program Advisory Committee.

     § 4710.  Vehicle Emission System Inspection Program Advisory                Committee.        (a)  Appointment, composition, etc.--A Vehicle Emission     System Inspection Program Advisory Committee shall be appointed     by the Governor no later than 15 days after the effective date     of this section and shall have its first meeting no later than     30 days after the effective date of this section.        (b)  Members.--The committee shall consist of 16 members.     Members shall serve without compensation other than     reimbursement for reasonable and necessary expenses in     accordance with the rules of the Executive Board and shall serve     for terms fixed by the secretary. The members shall include:            (1)  Three representatives of public interest or        environmental groups.            (2)  Six from the following groups, one each from a list        of three nominees provided by each of the following: The        Pennsylvania AAA Federation, Service Station Dealers and        Automotive Repair Association of Pennsylvania and Delaware,        Pennsylvania Automotive Association, the Automotive Service        Association of Pennsylvania, Associated Petroleum Industries        of Pennsylvania and Coalition for Safer, Cleaner Vehicles.            (3)  The chairmen and minority chairmen of the Senate and        House of Representatives Transportation Committees or their        designees.            (4)  The Secretary of Commerce, the Secretary of        Environmental Resources and the Secretary of Transportation        or their designees shall serve as ex officio, nonvoting        members of the committee.        (c)  Advice to department.--The advisory committee shall     provide guidance, advice and recommendations to the department     on the establishment and implementation of the enhanced vehicle     emission inspection program. Any request for proposal for     contracted services issued by the department regarding the     enhanced vehicle emission inspection program shall not be     subject to review by the committee.        (d)  Review of regulations.--The department simultaneously     shall submit for review prior to adoption final enhanced     emission inspection program regulations to the advisory     committee and to the Attorney General. The advisory committee     and the Attorney General shall have 30 days to review and     comment on regulations submitted for review, and the advisory     committee shall forward its comments to the secretary, to the     designated standing committees and to the Independent Regulatory     Review Commission. Attorney General review of enhanced emission     inspection regulations shall occur concurrently with the review     of the advisory committee. Review by the Attorney General shall     be limited to form and legality. If the Attorney General     determines that a rule or regulation is improper in form or     legality, its determination shall be transmitted to the     department and not otherwise subject to the provisions of     section 204(b) of the act of October 15, 1980 (P.L.950, No.164),     known as the Commonwealth Attorneys Act. An enhanced emission     inspection rule or regulation which has been further amended as     a consequence of a comment by the advisory committee or a     determination of illegality by the Attorney General shall be     resubmitted simultaneously to the advisory committee and to the     Attorney General. The advisory committee and the Attorney     General shall have ten days to review and comment. If the     Attorney General continues its objections and the department     disagrees, the department may promulgate the rule or regulations     with or without revision and shall publish with it a copy of the     Attorney General's objections. Upon completion of review of     enhanced emission inspection regulations by the advisory     committee and the Attorney General, the regulations shall be     submitted to the designated standing committees and the     Independent Regulatory Review Commission for review consistent     with the act of June 30, 1989 (P.L.73, No.19), entitled "An act     reenacting and amending the act of June 25, 1982 (P.L.633,     No.181), entitled, as reenacted and amended, 'An act providing     for independent oversight and review of regulations, creating an     Independent Regulatory Review Commission, providing for its     powers and duties and making repeals,' further providing for the     membership of the Independent Regulatory Review Commission and     for the procedure for regulatory review; changing the     termination date for the commission; and making repeals."        (e)  Meetings.--The advisory committee shall meet at the call     of the chairman, but not less than semiannually, to carry out     its duties. The committee shall select a chairman and such other     officers as it deems appropriate.        (f)  Additional members.--The secretary may appoint     additional members of the advisory committee on a temporary or     permanent basis to advise the department on particular issues.        (g)  Sunset date.--The advisory committee established under     this section shall sunset on December 31, 1996.     (Dec. 16, 1992, P.L.1250, No.166, eff. imd.)        1992 Amendment.  Act 166 added section 4710.        References in Text.  The Secretary of Environmental     Resources, referred to in subsec. (b), was abolished by Act 18     of 1995. The functions of the secretary were transferred to the     Secretary of Conservation and Natural Resources and the     Secretary of Environmental Protection. The Secretary of     Commerce, referred to in subsec. (b)(4), was renamed the     Secretary of Community and Economic Development by Act 58 of     1996.