New Jersey § 39:8-42

§ 39:8-42.

The Legislature finds and declares that the federal Clean Air Act requires states

that have been determined to be in nonattainment for certain ambient air quality standards

to take extraordinary measures to reduce air emissions; and that among these measures

is an enhanced motor vehicle inspection and maintenance program. The Legislature further finds and declares that the standards established by the United

States Environmental Protection Agency are based on computer modeling and not on scientific

testing; that the requirements of the Environmental Protection Agency regulations

therefore may not achieve the federal emission reduction goals for New Jersey; and

that officials of the Environmental Protection Agency are no longer mandating that

the State program require the use of the “I/M 240” test and have recently expressed

a greater flexibility in allowing states to make certain decisions in the implementation

of this enhanced inspection and maintenance program. The Legislature further finds and declares that the inspection and maintenance program

being imposed by the Environmental Protection Agency pursuant to the federal law will

be expensive and burdensome on the citizens of this State, but that the alternative

to adopting this program is a series of federal sanctions that would result in the

loss of federal highway monies, more stringent permitting criteria for industry and

the imposition of an air pollution control program by the Environmental Protection

Agency. The Legislature further finds and declares that it would not adopt this enhanced motor

vehicle inspection and maintenance program if the federal government were not forcing

such action by the threat of the above-mentioned sanctions. The Legislature further finds and declares that it shall take this opportunity to

improve the existing motor vehicle inspection system by authorizing competitive contracting

for or privatization of motor vehicle inspections and making other necessary legislative

reforms to the provisions of Title 39 of the Revised Statutes. The Legislature therefore determines that an enhanced inspection and maintenance program

shall be adopted, that this inspection and maintenance program shall be as consumer-friendly

as possible and shall not use the “I/M 240” test, except as hereinafter specified,

and that advanced testing technologies, including but not limited to remote sensing,

shall be investigated and used for emission testing to the extent permitted by the

Environmental Protection Agency.