WILLIAM DONALD SCHAEFER, Governor                   Ch. 108

(8) SHALL ADOPT A SCHEDULE FOR THE EMISSIONS
EQUIPMENT AND MISFUELING INSPECTIONS; AND

(9) SHALL ESTABLISH UNDER TITLE 2 OF THE
ENVIRONMENTAL ENVIRONMENT ARTICLE, EMISSION STANDARDS TO BE USED
FOR THE EXHAUST EMISSIONS TESTING AND EMISSIONS EQUIPMENT AND
MISFUELING TESTING OF MOTOR VEHICLES UNDER THIS SUBTITLE.

[(e) The Administration shall prepare a final request for
proposal for a contractor operated system with bids to be
received no later than January 1, 1981.]

23-203.                                                       

(a)  (1) [In the proposed] BY rules and [regulations]
REGULATIONS, the Administration AND THE SECRETARY shall provide
for the establishment of [inspection] facilities TO CONDUCT ANY
TESTS OR INSPECTIONS REQUIRED TO BE PERFORMED ON AN ANNUAL OR
BIENNIAL BASIS.

(2) If the Administration AND THE SECRETARY
[determines] DETERMINE that the system can be installed and
operated more effectively and economically by an independent
contractor than if installed and operated by the Administration
AND THE SECRETARY, the Administration AND THE SECRETARY may award
the installation and operation of the inspection facilities to an
independent contractor selected in accordance with the bidding
procedures established by the laws of this State.

(b)   [The] IF THE PROGRAM IS AWARDED TO AN INDEPENDENT
CONTRACTOR, THE [facility] FACILITIES shall be provided,
equipped, and maintained by the independent contractor, and the
operating personnel of the [facility] FACILITIES shall be
employees of the contractor, and not of the State, AND THE
CONTRACTOR MAY NOT PERFORM ENGINE TUNE-UPS AS DEFINED IN SECTION
23-201.

(c)  [(1) Until April 15, 1983, the Secretary of
Transportation and the contractor shall minimize nonrecoverable
expenses of the State. The 1983 General Assembly action on
modification or repeal of the vehicle emissions inspection
program shall determine whether the Secretary shall advance
program implementation. The Secretary is directed to authorize
the contractor to implement only those activities and
expenditures which he finds consistent with the goal of
minimizing the State's liability expressed above, while
maintaining a "good faith" effort to meet the requirements of the
Federal Clean Air Act, as amended. Activities and expenditures
by the contractor prior to 1983 General Assembly action which are
not authorized and approved by the Secretary are undertaken at
the contractor's risk and may be viewed unfavorably by the
General Assembly in the event an appropriation is requested by

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