Ch. 669

1997 LAWS OF MARYLAND

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.

(iii) The Administration and the Secretary may establish a statewide
centralized or decentralized program or any combination of centralized and decentralized
programs in separate regions of the State.

(b) If the program is awarded to an independent contractor TO OPERATE
CENTRALIZED INSPECTION FACILITIES, the facilities shall be provided, equipped, and
maintained by the independent contractor, and the operating personnel of the facilities
shall be employees of the contractor, and not of the State, and the contractor may not
perform emissions related repairs as defined in § 23-201 of this subtitle.

(C)     THE ADMINISTRATION AND THE SECRETARY SHALL DETERMINE, ON OR
BEFORE MARCH 1, 1998, WHETHER THE FOLLOWING CRITERIA FOR ESTABLISHING A
DECENTRALIZED RETESTING PROGRAM HAVE BEEN SATISFIED:

(1)     TESTING EQUIPMENT AND PROCEDURES, YIELDING RESULTS THAT
CORRELATE TO TESTS AND INSPECTIONS PERFORMED AT CENTRALIZED
INSPECTION FACILITIES IN THE STATE WITHIN 95% ACCURACY OR WITHIN A
DIFFERENT DEGREE OF ACCURACY APPROVED BY THE ADMINISTRATION AND THE
SECRETARY, ARE FEASIBLE FOR USE IN CERTIFIED REPAIR FACILITIES APPROVED
FOR RETESTING OF VEHICLES; AND

(2)     THE ESTABLISHMENT OF A DECENTRALIZED RETESTING OPTION IN
THE STATE DOES NOT RESULT IN A LOSS OF EMISSIONS REDUCTION BENEFITS TO
THE STATE UNDER THE FEDERAL CLEAN AIR ACT.

(D)    IF THE ADMINISTRATION AND THE SECRETARY DETERMINE THAT THE
CRITERIA LISTED IN SUBSECTION (C) OF THIS SECTION HAVE NOT BEEN MET IN A
GIVEN YEAR, THEY SHALL DETERMINE, ON OR BEFORE MARCH 1 OF THE
SUCCEEDING YEAR, WHETHER THE CRITERIA HAVE BEEN SATISFIED IN THE
INTERVENING PERIOD.

(E)     NOTWITHSTANDING SUBSECTIONS (A) AND (B) OF THIS SECTION, IF THE
PROGRAM IS AWARDED TO AN INDEPENDENT CONTRACTOR TO OPERATE
CENTRALIZED INSPECTION FACILITIES AND IF THE ADMINISTRATION AND THE
SECRETARY HAVE DETERMINED THAT THE CRITERIA LISTED IN SUBSECTION (C) OF
THIS SECTION HAVE BEEN SATISFIED, THE ADMINISTRATION AND THE SECRETARY
SHALL PURPOSE PROPOSE REGULATIONS TO:

(1) ALLOW THE OWNER OF A VEHICLE THAT FAILS AN EXHAUST
EMISSIONS TEST OR EMISSIONS EQUIPMENT AND MISFUELING INSPECTION AT A
CENTRALIZED INSPECTION FACILITY TO HAVE THE VEHICLE RETESTED AT EITHER
A CENTRALIZED INSPECTION FACILITY OR AN APPROVED CERTIFIED REPAIR
FACILITY;

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