Ch. 489                                    1995 LAWS OF MARYLAND

(I)     TRANSIENT MASS-EMISSION TESTING USING THE IM 240
DRIVING CYCLE REFERENCED UNDER 40 C.F.R. PART 51;

(II)    AN EVAPORATIVE SYSTEM INTEGRITY (PRESSURE) TEST OR AN
EVAPORATIVE SYSTEM TRANSIENT PURGE TEST THAT REQUIRES THE
DISCONNECTION OR MANIPULATION OF ANY ENGINE COMPONENT, INCLUDING ANY
HOSE OR EMISSIONS EQUIPMENT, THAT IS LOCATED IN THE VEHICLE'S ENGINE
COMPARTMENT;

(III)   REMOVAL OF THE DRIVER FROM A VEHICLE BEING TESTED
OR INSPECTED; OR

(IV)   ON-ROAD TESTING.

(2) NOTHING IN THIS SUBSECTION PROHIBITS THE EMISSIONS CONTROL
PROGRAM FROM OFFERING TO VEHICLE OWNERS, ON A VOLUNTARY BASIS, ANY OF
THE TESTS AND INSPECTIONS DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION.

23-203.

(a) (1) By rules and regulations, the Administration and the Secretary shall
provide for the establishment of facilities to conduct any tests or inspections required to
be performed [on an annual or biennial basis] UNDER THIS SUBTITLE.

(2)     If the Administration and the Secretary 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.

(3)     (i) If, on or after July 1, 1991, the Administration and Secretary are
required by federal law to extend the emissions control program to additional areas of the
State and the Administration and Secretary determine that the inspection facilities can be
installed and operated more effectively and economically by one or more independent
contractors than if installed and operated by the Administration and Secretary, the
Administration and Secretary may:

1.       Award the installation and operation of the inspection
facilities to one independent contractor for the installation and operation of all inspection
facilities in this State; or

2.       Create separate regions of the areas of the State required to
participate in an emissions control program for the purpose of separately awarding
contracts for the installation and operation of the inspection facilities required for each
region to one or more independent contractors.

(ii) All independent contractors shall be selected in accordance with
the procedures established under the State Finance and Procurement Article.

- 2778 -