Vehicle Laws - Vehicle Emissions Inspection Program - Repeal

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0183*

HOUSE BILL 183
R6 6lr1263
(PRE–FILED) CF SB 106
By: Delegates Bouchat, Buckel, Hornberger, Pippy, Tomlinson, Valentine, and
Wivell
Requested: October 21, 2025
Introduced and read first time: January 14, 2026
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Vehicle Laws – Vehicle Emissions Inspection Program – Repeal 2

FOR the purpose of repealing the Vehicle Emissions Inspection Program; and generally 3
relating to the Vehicle Emissions Inspection Program. 4

BY repealing 5
Article – Transportation 6
Section 23–201 through 23–206, 23–206.1, 23–206.2, 23–206.4, 23–207, and 23–209 7
and the subtitle “Subtitle 2. Motor Vehicle Emissions Inspection” 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2025 Supplement) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Transportation 13

[Subtitle 2. Motor Vehicle Emissions Inspection.] 14

[23–201. 15

(a) In this subtitle the following words have the meanings indicated. 16

(b) “Emissions control program” means the program requiring and implementing 17
the exhaust emissions test and the emissions equipment and misfueling inspection. 18

(c) “Emissions equipment” means any emissions control device that has been 19
installed on a motor vehicle by a manufacturer of motor vehicles. 20
2 HOUSE BILL 183

(d) “Emissions equipment and misfueling inspection” me ans an inspection to 1
verify the presence of required emissions equipment and an inspection to determine that 2
the vehicle has not been misfueled. 3

(e) (1) “Emissions related repair” means the inspection, adjustment, repair, or 4
replacement of motor vehicle engine systems, subsystems, or components as necessary to 5
bring a motor vehicle into compliance with emissions standards adopted in accordance with 6
the provisions of this subtitle. 7

(2) “Emissions related repair” does not include adjustment, repair, or 8
replacement necessitated by tampering or misfueling. 9

(f) (1) “Emissions standard” means a requirement that limits the quantity, 10
quality, rate, or concentration of emissions from a motor vehicle. 11

(2) “Emissions standard” includes a requirement that rel ates to the 12
operation or maintenance of a motor vehicle to assure continuous emissions reduction. 13

(g) “Exhaust emissions test” means the sampling and measurement of certain 14
components of motor vehicle exhaust to determine whether the motor vehicle is in 15
compliance with an emissions standard. 16

(h) “Misfueling” means the introduction of leaded fuel into a motor vehicle 17
designed by the motor vehicle manufacturer to use unleaded fuel. 18

(i) “Secretary” means the Secretary of the Environment.] 19

[23–202. 20

(a) (1) Subject to subsection (d) of this section, the Administration and the 21
Secretary shall establish an emissions control program in the State in accordance with the 22
federal Clean Air Act. 23

(2) The program shall remain in effect only as long as required by federal 24
law. 25

(b) (1) Subject to paragraph (3) of this subsection, the emissions control 26
program shall provide for a biennial exhaust emissions test and emissions equipment and 27
misfueling inspection for all vehicles of the 1977 model year and each model year thereafter. 28

(2) The emissions control program may not authorize an exhaust emissions 29
test or emissions equipment and misfueling inspection for any vehicle of a model year 30
earlier than the 1977 model year. 31

(3) (i) In this paragraph, “qualified hybrid vehicle” means an 32
automobile that: 33
HOUSE BILL 183 3

1. Meets all applicable regulatory requirements; 1

2. Meets the current vehicle exhaust standard set under the 2
federal Tier 2 program for gasoline–powered passenger cars under 40 C.F.R. Part 80 et seq.; 3
and 4

3. Can draw propulsion energy from both of the following 5
sources of stored energy: 6

A. Gasoline or diesel fuel; and 7

B. A rechargeable energy storage system. 8

(ii) A qualified hybrid vehicle is not required to submit to a first 9
exhaust emissions test and emissions equipment and misfueling inspection until 3 years 10
after the date on which the vehicle was first registered in the State. 11

(c) By rules and regulations, the Administration and the Secretary: 12

(1) Shall grant a waiver to a vehicle owner if: 13

(i) The vehicle fails to pass the exhaust emissions test; 14

(ii) The vehicle owner exhibits evidence acceptable to the 15
Administration that the owner, for an initial exhaust emissions test occurring: 16

1. In calendar years 1998 through 1999 has actually incurred 17
an expenditure of $150 towards emissions related repairs to the vehicle within 60 days after 18
the initial exhaust emissions test; 19

2. In calendar years 2000 through 2001 has actually incurred 20
an expenditure towards emissions related repairs to the vehicle within 120 days after the 21
initial exhaust emissions test in an amount of: 22

A. $200 for vehicles of model years 1990 and older; 23

B. $300 for vehicles of model years 1991 through 1997; or 24

C. $450 for vehicles of model years 1998 and newer; and 25

3. On or after January 1, 2002, has actually incurred an 26
expenditure of $450 towards emissions related repairs to the vehicle within 120 days after 27
the exhaust emissions test; 28

(iii) The vehicle fails a retest, except that if the vehicle owner has 29
exhibited evidence acceptable to the Administration that the vehicle owner actually 30
4 HOUSE BILL 183

incurred the minimum expenditure as required under item (ii) of this item for the emissions 1
related repair to the vehicle within 30 days before the initial exhaust emissions test or the 2
period allowed under federal law, whichever is longer, a retest is not required; and 3

(iv) The vehicle owner exhibits evidence that the emissions related 4
repairs qualifying for a waiver under items (ii) and (iii) of this item were performed by a 5
repair technician and at a repair facility both certified under item (4) of this subsection; 6

(2) Notwithstanding the provisions of this section, may not grant a waiver 7
if it is foun d in the testing process that factory –installed emissions equipment has been 8
tampered with or removed, or that the vehicle has been misfueled; 9

(3) Unless otherwise prohibited by federal law, may grant additional 10
waivers to extend the time for compliance in cases of financial hardship or for unusual 11
circumstances; 12

(4) Shall establish criteria to certify repair technicians and facilities for the 13
purpose of bringing vehicles into compliance with the applicable emissions standards, 14
including the payment of reasonable fees to cover the costs of administering and overseeing 15
the certification program; 16

(5) May provide for the suspension, revocation, or denial of renewal of the 17
certification of a repair technician or facility upon evidence that vehicles repa ired by that 18
technician or facility for the purpose of bringing them into compliance with the applicable 19
emissions standards have repeatedly failed tests or retests and the Administration and the 20
Secretary have clear and convincing evidence the repair technician or facility is not meeting 21
satisfactory performance standards; 22

(6) Shall define the inspection parameters for the emissions equipment and 23
misfueling inspection; 24

(7) Shall adopt a schedule for the exhaust emissions test; 25

(8) Shall adopt a sc hedule for the emissions equipment and misfueling 26
inspections; and 27

(9) Shall establish, under Title 2 of the Environment Article, emissions 28
standards to be used for the exhaust emissions tests and emissions equipment and 29
misfueling inspections of motor vehicles under this subtitle. 30

(d) (1) Notwithstanding subsection (c)(6) of this section or any other provision 31
of law, during the period from January 1, 1995 through May 31, 1997, the emissions control 32
program established under this subtitle may not requ ire for any vehicle other than a 33
State–owned vehicle or, to the extent authorized by federal law, a federally owned vehicle: 34

(i) Transient mass–emission testing using the IM 240 driving cycle 35
referenced under 40 C.F.R. Part 51; 36
HOUSE BILL 183 5

(ii) An evaporative system integrity (pressure) test or an evaporative 1
system transient purge test that requires the disconnection or manipulation of any engine 2
component, including any hose or emissions equipment, that is located in the vehicle’s 3
engine compartment; 4

(iii) Removal of the driver from a vehicle being tested or inspected; or 5

(iv) On–road testing. 6

(2) (i) The Administration, in consultation with the Secretary, shall 7
develop and offer to owners of vehicles subject to the emissions control program an incentive 8
program designed to encourage voluntary submission to the test described in paragraph 9
(1)(i) of this subsection. 10

(ii) Notwithstanding the provisions of § 23–205(a)(2) of this subtitle 11
and subsection (c)(1) of this section, the incentives offe red under this paragraph may 12
include reduced test fees, flexible test schedules, the waiver of late fees, the reduction of 13
expenditures incurred for emissions related repairs necessary to obtain a waiver, and any 14
other cost –effective incentive that is cons istent with State and federal law and is 15
reasonably expected by the Administration to increase the number of vehicles that undergo 16
the test described in paragraph (1)(i) of this subsection. 17

(iii) 1. The Administration shall notify vehicle owners of the 18
opportunity to voluntarily submit a vehicle to the testing described in subparagraph (i) of 19
this paragraph. 20

2. The notice required under this subparagraph shall be: 21

A. Prominently displayed at all emissions inspection 22
facilities; and 23

B. Included by the Administration in test notices and other 24
mailings related to the emissions control program that are directed to vehicle owners.] 25

[23–203. 26

(a) (1) By rules and regulations, the Administration and the Secretary shall 27
provide for the establishment of facilities to conduct any tests or inspections required to be 28
performed under this subtitle. 29

(2) If the Administration and the Secretary determine that the system can 30
be installed and operated more effectively and economically by an independent contractor 31
than if installed and operated by the Administration and the Secretary, the Administration 32
and the Secretary may award the installation and operation of the inspection facilities to 33
an independent contractor selected in accordance with the biddi ng procedures established 34
by the laws of this State. 35
6 HOUSE BILL 183

(3) (i) If, on or after July 1, 1991, the Administration and Secretary are 1
required by federal law to extend the emissions control program to additional areas of the 2
State and the Administration and Secretary determine that the inspection facilities can be 3
installed and operated more effectively and economically by one or more independent 4
contractors than if installed and operated by the Administration and Secretary, the 5
Administration and Secretary may: 6

1. Award the installation and operation of the inspection 7
facilities to one independent contractor for the installation and operation of all inspection 8
facilities in this State; or 9

2. Create separate regions of the areas of the State required 10
to participate in an emissions control program for the purpose of separately awarding 11
contracts for the installation and operation of the inspection facilities required for each 12
region to one or more independent contractors. 13

(ii) All independent contractors shall be selected in accordance with 14
the procedures established under the State Finance and Procurement Article. 15

(iii) The Administration and the Secretary may establish a statewide 16
centralized or decentralized program or any combination of centr alized and decentralized 17
programs in separate regions of the State. 18

(b) If the program is awarded to an independent contractor to operate centralized 19
inspection facilities, the facilities shall be provided, equipped, and maintained by the 20
independent contractor, and the operating personnel of the facilities shall be employees of 21
the contractor, and not of the State, and the contractor may not perform emissions related 22
repairs as defined in § 23–201 of this subtitle. 23

(c) The Administration and the Secretary shall determine, on or before March 1, 24
1998, whether the following criteria for establishing a decentralized retesting program 25
have been satisfied: 26

(1) Testing equipment and procedures, yielding results that correlate to 27
tests and inspections performed at centralized inspection facilities in the State within 95% 28
accuracy or within a different degree of accuracy approved by the Administration and the 29
Secretary, are feasible for use in certified repair facilities approved for retesting of vehicles; 30
and 31

(2) The establishment of a decentralized retesting option in the State does 32
not result in a loss of emissions reduction benefits to the State under the federal Clean Air 33
Act. 34

(d) If the Administration and the Secretary determine that the criteria lis ted in 35
subsection (c) of this section have not been met in a given year, they shall determine, on or 36
HOUSE BILL 183 7

before March 1 of the succeeding year, whether the criteria have been satisfied in the 1
intervening period. 2

(e) Notwithstanding subsections (a) and (b) of this section, if the program is 3
awarded to an independent contractor to operate centralized inspection facilities and if the 4
Administration and the Secretary have determined that the criteria listed in subsection (c) 5
of this section have been satisfied, t he Administration and the Secretary shall propose 6
regulations to: 7

(1) Allow the owner of a vehicle that fails an exhaust emissions test or 8
emissions equipment and misfueling inspection at a centralized inspection facility to have 9
the vehicle retested at either a centralized inspection facility or an approved certified repair 10
facility; 11

(2) Allow a certified repair facility to retest vehicles if approved for that 12
purpose by the Department of the Environment; 13

(3) Require the initial exhaust emissions test and emissions equipment 14
and misfueling inspection in each biennial test cycle to be performed at a centralized 15
inspection facility; 16

(4) Establish criteria for testing equipment, procedures, and reporting of 17
retests for approved certified repair facilities; 18

(5) Provide for the suspension, revocation, or denial of renewal of approval 19
for a certified repair facility to perform retests if the Secretary, or the Secretary’s designee, 20
determines that the facility has performed fraudulent retests or is n ot in compliance with 21
the regulations adopted under this subsection; and 22

(6) Establish a reasonable fee for approval of a certified repair facility to 23
perform retests, covering the costs of the approvals and oversight of the decentralized 24
retesting program.] 25

[23–204. 26

The facilities established or approved under § 23 –203 of this subtitle shall conduct 27
the exhaust emissions tests and emissions equipment and misfueling inspections of motor 28
vehicles to determine whether each vehicle complies with emissions standards established 29
under this subtitle for that vehicle.] 30

[23–205. 31

(a) (1) Subject to paragraph (2) of this subsection, the Administration and the 32
Secretary shall set the fee to be charged for each vehicle to be inspected and tested by a 33
facility. 34

(2) The fee established under this subsection: 35
8 HOUSE BILL 183

(i) During the period from May 31, 1997, through June 30, 2025, 1
may not exceed $14; 2

(ii) During the period from July 1, 2025, through June 30, 2026, may 3
not exceed $30; and 4

(iii) Except as provided in paragraph (4)(iii) of this subsection, during 5
the period after July 1, 2026, shall equal at least the amount in the immediately preceding 6
fiscal year adjusted for inflation in accordance with paragraph (3) of this subsection. 7

(3) During the p eriod after June 30, 2026, the fee established under this 8
subsection shall equal at least the amount in the immediately preceding fiscal year 9
adjusted for inflation in accordance with paragraph (4) of this subsection. 10

(4) (i) The inflation adjustment sh all equal the product of multiplying 11
the amount of funding in the immediately preceding fiscal year by the percentage increase 12
in the Consumer Price Index for All Urban Consumers. 13

(ii) The percentage increase in the Consumer Price Index for All 14
Urban Consumers shall be determined by comparing the average of the index for the 12 15
months ending April 30 immediately preceding the fiscal year for which the funding 16
amount is being calculated to the average index for the prior 12 months. 17

(iii) If there is a decline or no growth in the Consumer Price Index for 18
All Urban Consumers, the fee amount under this paragraph shall remain unchanged. 19

(b) The fee shall be collected in a manner established by the Administration and 20
the Secretary. 21

(c) A specific portion of the fee shall be paid to or retained by the Administration 22
to cover the cost of administration and enforcement of the emissions control program, as 23
provided in the contract between the contractor and the State.] 24

[23–206. 25

(a) An owner of a mot or vehicle that is registered in this State shall have the 26
vehicle inspected and tested as required under this subtitle. 27

(b) A motor vehicle registered in this State, unless exempted or given a waiver 28
under this subtitle, shall meet the standards and requirements of this subtitle. 29

(c) Notwithstanding any rule or regulation to the contrary, the owner of any 30
gasoline powered motor vehicle registered under § 13–916 of this article, with a maximum 31
gross weight up to and including 26,000 pounds, shall have the vehicle inspected and tested 32
as required under this subtitle.] 33

HOUSE BILL 183 9

[23–206.1. 1

Notwithstanding any rule or regulation to the contrary and unless otherwise 2
prohibited by federal law, any fire or rescue apparatus or ambulance owned or leased by a 3
political subdivision of the State, or by a volunteer fire company, rescue squad, or volunteer 4
ambulance company, that is registered as an emergency vehicle as defined in § 11 –118 of 5
this article, is exempt from mandatory inspections under this subtitle.] 6

[23–206.2. 7

(a) (1) A motor vehicle for which special registration plates have been issued 8
under § 13–616 of this article is exempt from the mandatory inspections required by this 9
subtitle if: 10

(i) All of the owners of the motor vehicle meet the disability 11
requirements of § 13–616(b)(1) of this article; 12

(ii) The motor vehicle is driven 5,000 miles or less annually; and 13

(iii) The exemption is not otherwise prohibited by federal law. 14

(2) In order to qualify for an exemption under paragraph (1) of this 15
subsection, all owners of the motor vehicle shall certify the following: 16

(i) That the owner of the motor vehicle meets the disability 17
requirements of § 13–616(b)(1) of this article; 18

(ii) That the motor vehicle has been issued a special disabled 19
person’s registration number and special registration plates under § 13–616 of this article; 20

(iii) That the motor vehicle is driven 5,000 miles or less annually; and 21

(iv) The motor vehicle’s odometer reading at the time of the 22
certification. 23

(3) The certification required in paragraph (2) of this subsection shall be 24
made on a form provided by the Administration. 25

(b) (1) A motor vehicle owned by an individual who is at least 70 years of age 26
at the time of a scheduled mandatory inspection under t his subtitle is exempt from the 27
mandatory inspections required by this subtitle if: 28

(i) All of the owners of the motor vehicle are at least 70 years of age 29
at the time of the scheduled mandatory inspection under this subtitle; 30

(ii) The motor vehicl e is being driven 5,000 miles or less annually; 31
and 32
10 HOUSE BILL 183

(iii) The exemption is not otherwise prohibited by federal law. 1

(2) In order to qualify for an exemption under paragraph (1) of this 2
subsection, all owners of the motor vehicle shall certify the following: 3

(i) That all of the owners of the motor vehicle are at least 70 years 4
of age at the time of a scheduled mandatory inspection under this subtitle; 5

(ii) That the motor vehicle is being driven 5,000 miles or less 6
annually; and 7

(iii) The m otor vehicle’s odometer reading at the time of the 8
certification. 9

(3) The certification required in paragraph (2) of this subsection shall be 10
made on a form provided by the Administration. 11

(c) (1) A motor vehicle owned by at least one active duty member of the 12
uniformed services at the time of a scheduled mandatory inspection under this subtitle is 13
exempt from the mandatory inspections required by this subtitle if: 14

(i) An owner of the motor vehicle who is a member of the uniformed 15
services has received official orders: 16

1. For deployment outside the United States; or 17

2. To a duty station in a jurisdiction that is not subject to a 18
vehicle emissions control inspection and maintenance program; and 19

(ii) The exemption is not otherwise prohibited by federal law. 20

(2) In order to qualify for an exemption under paragraph (1) of this 21
subsection, all owners of the motor vehicle shall certify that at least one owner of the motor 22
vehicle has received official orders for deployment outside the United States or to a duty 23
station in a jurisdiction that is not subject to a vehicle emissions control inspection and 24
maintenance program. 25

(3) The certification required in paragraph (2) of this subsection shall be 26
made on a form provided by the Administration. 27

(d) The Administrator may adopt regulations as necessary to administer or 28
enforce the provisions of this section.] 29

[23–206.4. 30

(a) In this section, “zero–emission vehicle” means any vehicle that: 31
HOUSE BILL 183 11

(1) Is determined by the Secretary to be of a type that does not produce any 1
tailpipe or evaporative emissions; and 2

(2) Has not been altered from the manufacturer’s original specifications. 3

(b) A zero–emission vehicle is exempt from the mandatory tests and inspections 4
required by this subtitle. 5

(c) The Administration and the Secretary shall adopt regulations necessary to: 6

(1) Provide for the determination of which vehicles are zero –emission 7
vehicles; and 8

(2) Implement the provisions of this section.] 9

[23–207. 10

The Administration and the Secretary may jointly adopt rules and regulations as 11
required for purposes of implementation, administration, regulation, and enforcement of 12
the provisions of this subtitle, including rules and regulations that, consistent with federal 13
law, exempt certain vehicles from the inspections and tests under this subtitle.] 14

[23–209. 15

A person may not commit any fraud or make any misrepresentation in applying for 16
or preparing documentation relating to this subtitle.] 17

SECTION 2. AND BE IT FURTHER ENACTED, That the publisher of the 18
Annotated Code of Maryland, in consultation with and subject to the approval of the 19
Department of Legislative Services, shall correct, with no further action required by the 20
General Assembly, cross –references and terminology rendered incorrect by this Act. The 21
publisher shall adequately describe any correction that is made in an editor’s note following 22
the section affected. 23

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2026. 25