Vehicle Laws - Vehicle Emissions Inspection Program - Modifications

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0806*

HOUSE BILL 806
R6 6lr1989

By: Delegate Hornberger
Introduced and read first time: February 4, 2026
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Vehicle Laws – Vehicle Emissions Inspection Program – Modifications 2

FOR the purpose of requiring the Motor Vehicle Administration and the Secretary of the 3
Environment to establish an application process and requirements to certify 4
facilities to conduct tests or inspections under the Vehicle Emission s Inspection 5
Program; establishing a certificate for certain facilities to conduct tests or inspections 6
under the Program ; and generally relating to the Vehicle Emission s Inspection 7
Program. 8

BY repealing 9
Article – Transportation 10
Section 23–203 and 23–205 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2025 Supplement) 13

BY adding to 14
Article – Transportation 15
Section 23–203, 23–203.1, and 23–205 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2025 Supplement) 18

BY repealing and reenacting, with amendments, 19
Article – Transportation 20
Section 23–201 and 23–204 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2025 Supplement) 23

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25

Article – Transportation 26
2 HOUSE BILL 806

23–203.1. 1

THE ADMINISTRATION AND TH E SECRETARY SHALL ESTAB LISH AN 2
APPLICATION PROCESS AND REQUIREMENTS TO CERTIFY FACILITIES TO CONDUCT 3
TESTS OR INSPECTIONS UNDER THIS SUBTITLE. 4

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5
as follows: 6

Article – Transportation 7

23–201. 8

(a) In this subtitle the following words have the meanings indicated. 9

(b) “CERTIFIED EMISSIONS I NSPECTION FACILITY” MEANS AN EMISSIONS 10
INSPECTION FACILITY CERTIFIED UNDER § 23–203 OF THIS SUBTITLE. 11

(C) “Emissions control program” means the program requiring and implementing 12
the exhaust emissions test and the emissions equipment and misfueling inspection. 13

[(c)] (D) “Emissions equipment” means any emissions control device that has 14
been installed on a motor vehicle by a manufacturer of motor vehicles. 15

[(d)] (E) “Emissions equipment and misfueling inspection” means an inspection 16
to verify the presence of required emissions equipment and an inspection to determine that 17
the vehicle has not been misfueled. 18

(F) “EMISSIONS INSPECTION FACILITY” MEANS A FACILITY EQU IPPED TO 19
CONDUCT TESTS OR INSPECTIONS UNDER THIS SUBTITLE. 20

[(e)] (G) (1) “Emissions related repair” means the inspection, adjustment, 21
repair, or replacement of motor vehicle engine systems, subsystems, or components as 22
necessary to bring a motor vehicle into compliance with emissions standards adopted in 23
accordance with the provisions of this subtitle. 24

(2) “Emissions related repair” does not include adjustment, repair, or 25
replacement necessitated by tampering or misfueling. 26

[(f)] (H) (1) “Emissions standard” means a requirement that limits the 27
quantity, quality, rate, or concentration of emissions from a motor vehicle. 28

(2) “Emissions standard” includes a requirement that relates to the 29
operation or maintenance of a motor vehicle to assure continuous emissions reduction. 30

HOUSE BILL 806 3

[(g)] (I) “Exhaust emissions test” means the sampling and measurement of 1
certain components of motor vehicle exhaust to determine whether the motor vehicle is in 2
compliance with an emissions standard. 3

[(h)] (J) “Misfueling” means the introduction of leaded fuel into a motor vehicle 4
designed by the motor vehicle manufacturer to use unleaded fuel. 5

[(i)] (K) “Secretary” means the Secretary of the Environment. 6

[23–203. 7

(a) (1) By rules and regulations, the Administration and the Secretary shall 8
provide for the establishment of facilities to conduct any tests or inspections required to be 9
performed under this subtitle. 10

(2) If the Administration and the Secretary determine that the system can 11
be installed and operated more effectively and economically by an independent contractor 12
than if installed and operated by the Administration and the Secretary, the Administration 13
and the Secretary may award the installation and operation of the inspection facilities to 14
an independent contractor selected in accordance with the bidding procedures establis hed 15
by the laws of this State. 16

(3) (i) If, on or after July 1, 1991, the Administration and Secretary are 17
required by federal law to extend the emissions control program to additional areas of the 18
State and the Administration and Secretary determine that the inspection facilities can be 19
installed and operated more effectively and economically by one or more independent 20
contractors than if installed and operated by the Administration and Secretary, the 21
Administration and Secretary may: 22

1. Award the i nstallation and operation of the inspection 23
facilities to one independent contractor for the installation and operation of all inspection 24
facilities in this State; or 25

2. Create separate regions of the areas of the State required 26
to participate in an e missions control program for the purpose of separately awarding 27
contracts for the installation and operation of the inspection facilities required for each 28
region to one or more independent contractors. 29

(ii) All independent contractors shall be selected in accordance with 30
the procedures established under the State Finance and Procurement Article. 31

(iii) The Administration and the Secretary may establish a statewide 32
centralized or decentralized program or any combination of centralized and decentraliz ed 33
programs in separate regions of the State. 34

(b) If the program is awarded to an independent contractor to operate centralized 35
inspection facilities, the facilities shall be provided, equipped, and maintained by the 36
4 HOUSE BILL 806

independent contractor, and the operating personnel of the facilities shall be employees of 1
the contractor, and not of the State, and the contractor may not perform emissions related 2
repairs as defined in § 23–201 of this subtitle. 3

(c) The Administration and the Secretary shall determine, on or before March 1, 4
1998, whether the following criteria for establishing a decentralized retesting program 5
have been satisfied: 6

(1) Testing equipment and procedures, yielding results that correlate to 7
tests and inspections performed at centralized inspection facilities in the State within 95% 8
accuracy or within a different degree of accuracy approved by the Administration and the 9
Secretary, are feasible for use in certified repair facilities approved for retesting of vehicles; 10
and 11

(2) The establishment of a decentralized retesting option in the State does 12
not result in a loss of emissions reduction benefits to the State under the federal Clean Air 13
Act. 14

(d) If the Administration and the Secretary determine that the criteria listed in 15
subsection (c) of this section have not been met in a given year, they shall determine, on or 16
before March 1 of the succeeding year, whether the criteria have been satisfied in the 17
intervening period. 18

(e) Notwithstanding subsections (a) and (b) of this section, if the program is 19
awarded to an independent contractor to operate centralized inspection facilities and if the 20
Administration and the Secretary have determined that the criteria listed in subsection (c) 21
of this section have been satisfied, the Administration and the Secretary shall propose 22
regulations to: 23

(1) Allow the owner of a vehicle that fails an exhaust emissions test or 24
emissions equipment and misfueling inspection at a centralized inspection facility to have 25
the vehicle retested at either a centralized inspection facility or an approved certified repair 26
facility; 27

(2) Allow a certified repair facility to retest vehicles if approved for that 28
purpose by the Department of the Environment; 29

(3) Require the initial exhaust emissions test and emissions equ ipment 30
and misfueling inspection in each biennial test cycle to be performed at a centralized 31
inspection facility; 32

(4) Establish criteria for testing equipment, procedures, and reporting of 33
retests for approved certified repair facilities; 34

(5) Provide for the suspension, revocation, or denial of renewal of approval 35
for a certified repair facility to perform retests if the Secretary, or the Secretary’s designee, 36
HOUSE BILL 806 5

determines that the facility has performed fraudulent retests or is not in compliance with 1
the regulations adopted under this subsection; and 2

(6) Establish a reasonable fee for approval of a certified repair facility to 3
perform retests, covering the costs of the approvals and oversight of the decentralized 4
retesting program.] 5

23–203. 6

(A) IN THIS SECTION , “CERTIFICATE” MEANS A CERTIFICATE ISSUED B Y 7
THE ADMINISTRATION AND THE SECRETARY TO AN EMISSIONS INSPECTION 8
FACILITY FOR CONDUCTING TESTS OR INSPECTIONS UNDER THIS SUBTITLE. 9

(B) AN EMISSIONS INSPECTI ON FACILITY MUST BE CERTIFIED IN 10
ACCORDANCE WITH THIS SECTION TO CONDUCT T ESTS OR INSPECTIONS UNDER 11
THIS SUBTITLE. 12

(C) (1) TO APPLY FOR A CERTIFICATE AN APPLICANT SHALL: 13

(I) SUBMIT AN APPLICATION TO THE ADMINISTRATION AND 14
THE SECRETARY ON THE FORM THAT THE ADMINISTRATION AND THE SECRETARY 15
REQUIRE; AND 16

(II) PAY ANY APPLICATION FEE SET BY THE ADMINISTRATION 17
AND THE SECRETARY. 18

(2) AN APPLICANT SHALL FILE A SEPARATE APPLICATION FOR EACH 19
EMISSIONS INSPECTION FACILITY. 20

(D) THE ADMINISTRATION AND THE SECRETARY SHALL ISSUE A 21
CERTIFICATE TO EACH EMISSIONS INSPECTION FACILITY THAT MEETS THE 22
REQUIREMENTS ESTABLISHED UNDER § 23–203.1 OF THIS SUBTITLE. 23

(E) THE FEDERAL GOVERNMENT, THE STATE, OR A POLITICAL SUBDIVISION 24
OF THE STATE MAY OWN AND OPERATE AN EMISSIONS INSPECTION FACILITY. 25

(F) A CERTIFICATE IS VALID FOR 5 YEARS. 26

(G) AN EMPLOYEE OF A CERTIFIED EMISSIONS INSPECTION FACILITY MAY 27
NOT PERFORM EMISSION S–RELATED REPAIRS AS D EFINED IN § 23–201 OF THIS 28
SUBTITLE. 29

(H) THE ADMINISTRATION AND TH E SECRETARY SHALL ADOPT 30
REGULATIONS TO: 31
6 HOUSE BILL 806

(1) ALLOW THE OWNER OF A VEHICLE THAT FAILS A N EXHAUST 1
EMISSIONS TEST OR EM ISSIONS EQUIPMENT AN D MISFUELING INSPECT ION AT A 2
CERTIFIED EMISSIONS INSPECTION FACILITY TO HAVE THE VEHICLE RETESTED AT 3
EITHER A CERTIFIED E MISSIONS INSPECTION FACILITY OR AN APPRO VED 4
CERTIFIED REPAIR FACILITY; 5

(2) ALLOW A CERTIFIED REP AIR FACILITY TO RETE ST VEHICLES IF 6
APPROVED FOR THAT PURPOSE BY THE DEPARTMENT OF THE ENVIRONMENT; 7

(3) REQUIRE THE INITIAL EXHAUST EMISSIONS TEST AND EMISSIONS 8
EQUIPMENT AND MISFUELING INSPECTION IN EACH BIENNIAL T EST CYCLE TO BE 9
PERFORMED AT A CERTIFIED EMISSIONS INSPECTION FACILITY; 10

(4) ESTABLISH CRITERIA FO R TESTING EQUIPMENT , PROCEDURES, 11
AND REPORTING OF RETESTS FOR APPROVED CERTIFIED REPAIR FACILITIES; 12

(5) PROVIDE F OR THE SUSPENSION , REVOCATION, OR DENIAL OF 13
RENEWAL OF APPROVAL FOR A CERTIFIED REPAIR FACILITY TO PERFORM RETESTS 14
IF THE SECRETARY, OR THE SECRETARY’S DESIGNEE , DETERMINES THAT THE 15
FACILITY HAS PERFORMED FRAUDULENT RETESTS OR IS NOT IN COMPLIANCE WITH 16
THE REGULATIONS ADOPTED UNDER THIS SUBSECTION; AND 17

(6) ESTABLISH A REASONABLE FEE FOR APPROVAL O F A CERTIFIED 18
REPAIR FACILITY TO PERFORM RETESTS, COVERING THE COSTS OF THE APPROVALS 19
AND OVERSIGHT OF THE DECENTRALIZED RETESTING PROGRAM. 20

23–204. 21

[The facilities established or] CERTIFIED E MISSIONS INSPECTION FACILITIES 22
OR CERTIFIED REPAIR FACILITIES approved under § 23–203 of this subtitle shall conduct 23
the exhaust emissions tests and emissions equipment and misfueling inspections of motor 24
vehicles to determine whether each vehicle complies with emissions standards established 25
under this subtitle for that vehicle. 26

[23–205. 27

(a) (1) Subject to paragraph (2) of this subsection, the Administration and the 28
Secretary shall set the fee to be charged for each vehicle to be inspected and tested by a 29
facility. 30

(2) The fee established under this subsection: 31

(i) During the period from May 31, 1997, through June 30, 2025, 32
may not exceed $14; 33
HOUSE BILL 806 7

(ii) During the period from July 1, 2025, through June 30, 2026, may 1
not exceed $30; and 2

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

(3) During the period after June 30, 2026, the fee established under this 6
subsection shall equal at least the amount in the immediately preceding fiscal year 7
adjusted for inflation in accordance with paragraph (4) of this subsection. 8

(4) (i) The inflation adjustment shall equal the product of multiplying 9
the amount of funding in the immediately preceding fiscal year by the percentage increase 10
in the Consumer Price Index for All Urban Consumers. 11

(ii) The percentage incre ase in the Consumer Price Index for All 12
Urban Consumers shall be determined by comparing the average of the index for the 12 13
months ending April 30 immediately preceding the fiscal year for which the funding 14
amount is being calculated to the average index for the prior 12 months. 15

(iii) If there is a decline or no growth in the Consumer Price Index for 16
All Urban Consumers, the fee amount under this paragraph shall remain unchanged. 17

(b) The fee shall be collected in a manner established by the Administr ation and 18
the Secretary. 19

(c) A specific portion of the fee shall be paid to or retained by the Administration 20
to cover the cost of administration and enforcement of the emissions control program, as 21
provided in the contract between the contractor and the State.] 22

23–205. 23

A CERTIFIED EMISSIONS INSPECTION FACILITY SHALL CHARGE A FEE TO 24
COVER THE COST OF INSPECTING AND TESTING A VEHICLE UNDER THIS SUBTITLE. 25

SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 26
effect July 1, 2035. 27

SECTION 4. AND BE IT FURTHER ENACTED, That notwithstanding Section 2 of 28
this Act, this Act shall take effect October 1, 2026. 29