Pennsylvania § 4709 - Low-Emissions Vehicle Commission.

§ 4709. Low-Emissions Vehicle Commission.

(a) Establishment.--There is hereby established a Low-Emissions Vehicle Commission which shall consist of 13 members. The Secretary of Commerce, the Secretary of Environmental Resources and the Secretary of Transportation shall be members. Six members shall be appointed by the Governor as follows:

(1) One member shall be a representative of an environmental advocacy group, and one each shall be appointed from a list of at least three nominees provided by each of the following:

(i) The Associated Petroleum Industries of Pennsylvania.

(ii) The Pennsylvania Gas Association.

(iii) The Pennsylvania Electric Association.

(iv) The Pennsylvania Automotive Association.

(v) The Pennsylvania AAA Federation.

(2) There shall be four legislative members: two members of the Senate, one appointed by the Majority Leader of the Senate and one appointed by the Minority Leader of the Senate; and two members of the House of Representatives, one appointed by the Majority Leader of the House of Representatives and one appointed by the Minority Leader of the House of Representatives.

(3) The Low-Emissions Vehicle Commission shall elect a chairman.

(4) The Secretary of Transportation and the Secretary of Commerce shall jointly provide administrative staff.

(b) Study content.--The Low-Emissions Vehicle Commission shall complete a study which addresses:

(1) whether adoption of the low-emissions vehicle program will result in significant net air quality improvements, using appropriate air quality modeling analysis and considering both volatile organic compound and nitrogen oxide emissions and their impact on ambient ozone levels; and

(2) whether adoption of the low-emissions vehicle program will result in a more cost-effective reduction in ozone precursors than other alternative control strategies for mobile and stationary sources to achieve and maintain the NAAQS standards established by the Clean Air Act (Public Law 95-95, 42 U.S.C. § 7401 et seq.), including the low-emissions vehicle program's impact on economic development, future economic expansion, benefits to public health, welfare and environment and the fiscal impact on the consumer.

(c) Submission of study.--The commission shall submit its completed study to the Governor and the General Assembly within 240 days of enactment of this legislation.

(d) Prohibitions.--

(1) Except as provided in paragraph (2), no department, board or commission may adopt regulations establishing any low-emissions vehicle program until the study under subsection (c) has been submitted to the General Assembly. Nothing in this section shall preclude the department from proposing regulations related to the California motor vehicle emission standards under this act, subject to review under the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(2) If the Low-Emissions Vehicle Commission does not submit its study during the time period under subsection (c), a department, board or commission may go forward with adopting regulations establishing a low-emissions vehicle program.

(e) Reformulated motor fuels.--No department, board or commission shall adopt regulations mandating the sale or use of reformulated motor fuels which comply with any specifications for reformulated motor fuels prescribed by the State of California under 42 U.S.C. § 7545(c)(4)(B).

(Dec. 16, 1992, P.L.1250, No.166)

1992 Amendment. Act 166 added section 4709. See section 9 of Act 166 in the appendix to this title for special provisions relating to effective date.

References in Text. The Secretary of Environmental Resources, referred to in subsec. (a), was abolished by Act 18 of 1995. The functions of the secretary were transferred to the Secretary of Conservation and Natural Resources and the Secretary of Environmental Protection. The Secretary of Commerce, referred to in subsec. (a), was renamed the Secretary of Community and Economic Development by Act 58 of 1996.