PARRIS N. GLENDENING, Governor

Ch. 489

4. In 1996, has actually incurred an expenditure of $350 towards
emissions related repairs to the vehicle within 120 days after the exhaust emissions test;
and

5.] 2. On or after January 1, [1997] 1998, has actually
incurred the minimum expenditure required by federal law towards emissions related
repairs to the vehicle within 120 days after the exhaust emissions test; and

(iii) The vehicle fails a retest, except that if the vehicle owner has
exhibited evidence acceptable to the Administration that the vehicle owner actually
incurred the minimum expenditure as required under item (1)(ii) of this subsection for
the emissions related repair to the vehicle within 30 days before the initial exhaust
emissions test OR THE PERIOD ALLOWED UNDER FEDERAL LAW, WHICHEVER IS
LONGER, a retest is not required;

(2)     Notwithstanding the provisions of this section, may not grant a waiver if
it is found in the testing process that [a] factory-installed emissions [device]
EQUIPMENT has been tampered with or removed, or that the vehicle has been misfueled;

(3)     Unless otherwise prohibited by federal law, may grant additional waivers
to extend the time for compliance in cases of financial hardship or for unusual
circumstances;

(4)     Shall establish criteria to certify repair facilities for the purpose of
bringing vehicles into compliance with the applicable [emission] EMISSIONS standards;

(5)     May provide for the suspension, revocation, or denial of renewal of the
certification of a repair facility upon evidence that vehicles repaired by that facility for the
purpose of bringing them into compliance with the applicable [emission] EMISSIONS
standards have repeatedly failed tests or retests and the Administration and the Secretary
have clear and convincing evidence the repair facility is not meeting satisfactory
performance standards;

(6)     Shall define the inspection parameters for the emissions equipment and
misfueling inspection;

(7)     Shall adopt a schedule for the exhaust emissions test;

(8)     Shall adopt a schedule for the emissions equipment and misfueling
inspections; and

(9)     Shall establish, under Title 2 of the Environment Article, [emission]
EMISSIONS standards to be used for the exhaust emissions [testing] TESTS and emissions
equipment and misfueling [testing] INSPECTIONS of motor vehicles under this subtitle.

(D) (1) NOTWITHSTANDING SUBSECTION (C)(6) OF THIS SECTION OR ANY
OTHER PROVISION OF LAW, DURING THE PERIOD FROM JANUARY 1, 1995 THROUGH
MAY 31, 1996, THE EMISSIONS CONTROL PROGRAM ESTABLISHED UNDER THIS
SUBTITLE MAY NOT REQUIRE FOR ANY VEHICLE OTHER THAN A STATE-OWNED
VEHICLE OR, TO THE EXTENT AUTHORIZED BY FEDERAL LAW, A
FEDERALLY-OWNED VEHICLE:

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