Ohio § 3704.14

§ 3704.14.

(A)(1) If the director of environmental protection determines that implementation of a motor

vehicle inspection and maintenance program is necessary for the state to effectively

comply with the federal Clean Air Act after June 30, 2025, the director may provide

for the implementation of the program in those counties in this state in which such

a program is federally mandated.  Upon making such a determination, the director of environmental protection may request

the director of administrative services to extend the terms of the contract that was

entered into under the authority of H.B. 33 of the 135th general assembly.  Upon receiving the request, the director of administrative services shall extend

the contract, beginning on July 1, 2025, in accordance with this section.  The contract shall be extended for a period of up to twenty-four months with the

contractor who conducted the motor vehicle inspection and maintenance program under

that contract. (2) Prior to the expiration of the contract extension that was authorized by division

(A)(1) of this section under the authority of H.B. 33 of the 135th general assembly,

the director of environmental protection shall request the director of administrative

services to enter into a contract with a vendor to operate a decentralized motor vehicle

inspection and maintenance program in each county in this state in which such a program

is federally mandated through June 30, 2027.  The contract shall ensure that the decentralized motor vehicle inspection and maintenance

program achieves an equivalent amount of emission reductions as achieved by the program

operated under the authority of the contract that was extended under division (A)(1)

of this section under the authority of H.B. 33 of the 135th general assembly.  The director of administrative services shall select a vendor through a competitive

selection process in compliance with Chapter 125. of the Revised Code. (3) Notwithstanding any law to the contrary, the director of administrative services

shall ensure that a competitive selection process regarding a contract to operate

a decentralized motor vehicle inspection and maintenance program in this state incorporates

the following, which shall be included in the contract: (a) For purposes of expanding the number of testing locations for consumer convenience,

a requirement that the vendor utilize established local businesses, auto repair facilities,

or leased properties to operate state-approved inspection and maintenance testing

facilities; (b) A requirement that the vendor selected to operate the program provide notification

of the program's requirements to each owner of a motor vehicle that is required to

be inspected under the program.  The contract shall require the notification to be provided not later than sixty

days prior to the date by which the owner of the motor vehicle is required to have

the motor vehicle inspected.  The director of environmental protection and the vendor shall jointly agree on the

content of the notice.  However, the notice shall include at a minimum the locations of all inspection facilities

within a specified distance of the address that is listed on the owner's motor vehicle

registration. (c) A requirement that the vendor comply with testing methodology and supply the required

equipment approved by the director of environmental protection as specified in the

competitive selection process in compliance with Chapter 125. of the Revised Code. (4) A decentralized motor vehicle inspection and maintenance program operated under this

section shall comply with division (B) of this section.  The director of environmental protection shall administer the decentralized motor

vehicle inspection and maintenance program operated under this section. (B) The director shall establish a decentralized motor vehicle inspection and maintenance

program as authorized by this section and, at a minimum, the director shall ensure

that the program does all of the following: (1) Complies with the federal Clean Air Act; (2) Provides for the issuance of inspection certificates and alternative emissions certificates

as specified in rules adopted under division (C)(2) of this section; (3) Provides for a new car exemption for motor vehicles six years old or newer and provides

that a new motor vehicle is exempt for six years regardless of whether legal title

to the motor vehicle is transferred during that period; (4) Provides for an exemption for battery electric motor vehicles; (5) Provides for an exemption for hybrid motor vehicles seven years old or newer and

provides that a hybrid motor vehicle is exempt for seven years regardless of whether

legal title to the motor vehicle is transferred during that period. (C)(1) The director of environmental protection shall adopt rules in accordance with Chapter

119. of the Revised Code that the director determines are necessary to implement this

section.  The director may continue to implement and enforce rules pertaining to the motor

vehicle inspection and maintenance program previously implemented under former section

3704.14 of the Revised Code as that section existed prior to its repeal and reenactment

by Am. Sub. H.B. 66 of the 126th general assembly, provided that the rules do not conflict with

this section. (2) The rules adopted under division (C)(1) of this section shall provide for the issuance

of inspections certificates and alternative emissions certificates.  Under the rules, an inspection certificate shall be issued to the owner or lessee

of a motor vehicle when the motor vehicle passes an emissions inspection conducted

in accordance with the motor vehicle inspection and maintenance program established

under this section.  In lieu of obtaining an inspection certificate, the rules shall establish a system

by which the owner or lessee of a motor vehicle may request an alternative emissions

certificate from the director. (a) The rules providing for the issuance of alternative emissions certificates shall

require an owner or lessee of a motor vehicle to do the following in order to receive

the certificate: (i) Complete and submit an attestation form created by the director that includes a statement

that reads substantially as follows: “I, ______, attest that, to the best of my knowledge, the motor vehicle concerning which I am

the owner or lessee complies with all laws of Ohio and the United States governing

motor vehicle emissions.  I, ______, am aware that a false statement on this form is not permitted.” (ii) Sign and date the form either manually or electronically; (iii) Submit the form to the director either by regular mail, certified mail, or electronically. (b) The rules shall require the director to include both of the following additional

information on the attestation form: (i) A provision that allows the owner or lessee of a motor vehicle to specify one of

the following methods by which the owner or lessee may request delivery of the alternative

emissions certificate:  certified mail, noncertified mail, or electronically; (ii) A provision that allows the owner or lessee of a motor vehicle to specify the vehicle

identification number, make, model, and year of the relevant motor vehicle and the

date the attestation form is submitted to the director. (c) Subject to division (C)(2)(d) of this section, the rules shall require the director

to deliver an alternative emission certificate to the owner or lessee of a motor vehicle

who complies with rules adopted under division (C)(2)(a) of this section.  The director shall deliver the certificate within thirty business days after the

director's receipt of the attestation form or, if the owner or lessee submits the

form electronically, within five business days after receipt of the form.  The director shall confirm the receipt of the attestation form if the director receives

it by electronic means. (d) The rules shall require the director to reject an attestation form for any of the

following reasons: (i) The motor vehicle that is the subject of the attestation form was in an accident

or collision within the two years prior to the date of submission of the form, and

the accident or collision caused substantial damage to the internal structure of the

motor vehicle. (ii) The owner or lessee of the motor vehicle that is the subject of the attestation form

has received a ticket, citation, or summons with regard to that motor vehicle within

the two years prior to the date of submission of the form for a violation of section 4513.22 of the Revised Code or substantially equivalent municipal ordinance. (iii) The information in the attestation form is determined by the director to be false. If the director rejects an attestation form under division (C)(2)(d)(iii) of this

section, the director shall provide notice to the owner or lessee that the attestation

form was determined to be false.  The notice shall inform the owner or lessee that the owner or lessee may submit

a corrected form to the director within thirty days of the receipt of the notice.  If the owner or lessee submits a corrected attestation form that complies with rules

adopted under division (C)(2) of this section within that thirty-day period, the director

shall issue an alternative emissions certificate to the owner or lessee.  If the owner or lessee fails to correct the attestation form, the director shall

require the owner or lessee to complete an emissions inspection and obtain an inspection

certificate in accordance with rules adopted under this section. If the director rejects an attestation form under division (C)(2)(d)(i) or (ii) of

this section, the director shall require the owner or lessee to complete an emissions

inspection and obtain an inspection certificate in accordance with rules adopted under

this section. (e) In adopting rules under division (C)(2) of this section, the director shall ensure

that the owner or lessee of a motor vehicle who falsifies an attestation form receives

a notice that includes a statement that reads substantially as follows:  “You have

falsified an attestation form for your vehicle under the E-Check/motor vehicle emissions

testing program.  Your vehicle is registered in one of [insert the number of counties] counties in

this state that has federal emission mandates imposed on it that the State of Ohio

is required, under threat of penalty, to enforce.  This letter serves as Ohio's only penalty for falsification of an attestation form.  You have thirty days from the date of this notice to amend your attestation form

and submit the amended form to the Environmental Protection Agency.  However, if you choose not to submit an amended attestation form, you must have

a motor vehicle emissions inspection conducted for your vehicle in accordance with section 3704.14 of the Revised Code and rules adopted under it.” (f) No penalties apply to a person who the director has determined to have falsified

an attestation form, other than the issuance of the notice required under division

(C)(2)(e) of this section. (D) There is hereby created in the state treasury the auto emissions test fund, which

shall consist of money received by the director from any cash transfers, state and

local grants, and other contributions that are received for the purpose of funding

the program established under this section.  The director of environmental protection shall use money in the fund solely for

the implementation, supervision, administration, operation, and enforcement of the

motor vehicle inspection and maintenance program established under this section.  Money in the fund shall not be used for either of the following: (1) To pay for the inspection costs incurred by a motor vehicle dealer so that the dealer

may provide inspection certificates to an individual purchasing a motor vehicle from

the dealer when that individual resides in a county that is subject to the motor vehicle

inspection and maintenance program; (2) To provide payment for more than one free passing emissions inspection or a total

of three emissions inspections for a motor vehicle in any three-hundred-sixty-five-day

period.  The owner or lessee of a motor vehicle is responsible for inspection fees that are

related to emissions inspections beyond one free passing emissions inspection or three

total emissions inspections in any three-hundred-sixty-five-day period.  Inspection fees that are charged by a contractor conducting emissions inspections

under a motor vehicle inspection and maintenance program shall be approved by the

director of environmental protection. (E) The motor vehicle inspection and maintenance program established under this section

expires upon the termination of all contracts entered into under this section and

shall not be implemented beyond the final date on which termination occurs. (F) As used in this section “battery electric motor vehicle” and “hybrid motor vehicle”

have the same meanings as in section 4501.01 of the Revised Code . (G) On June 30, 2025, the director shall immediately begin procedures to submit to the

United States environmental protection agency the alternative emissions certification

program for approval as part of the Ohio state implementation plan.  If the United States environmental protection agency approves the modification of

the decentralized motor vehicle inspection and maintenance program as providing sufficient

air pollution reductions to meet the federal Clean Air Act requirements for a vehicle

inspection and maintenance program and modifies the Ohio state implementation plan,

the director shall immediately begin to modify the Ohio environmental protection agency

rules to implement the alternative emissions certification program.  Nothing in this division requires the Ohio environmental protection agency to take

action to implement the alternative emissions certification program until the United

States environmental protection agency approves the alternative program as part of

the Ohio state implementation plan. (H) If the United States environmental protection agency determines that the motor vehicle

inspection and maintenance program implemented in accordance with this section is

not necessary for the state or any area of the state to comply with the federal Clean

Air Act, the director shall immediately discontinue the program and take any actions

necessary to effectuate the termination of the program.