GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1

SENATE BILL 1070

Short Title:  Transfer I/M program to DEHNR.	(Public)

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Sponsors: Senator Kinnaird.

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Referred to:  Transportation.

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April 21, 1997

A BILL TO BE ENTITLED
AN ACT TO TRANSFER THE MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM FROM THE DIVISION OF MOTOR VEHICLES OF THE DEPARTMENT OF TRANSPORTATION TO THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES.
The General Assembly of North Carolina enacts:
Section 1.  Part 2 of Article 3A of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-183.1A.  Administration of safety inspection program and emissions inspection program; definitions.
(a)	Administration. – The Division administers the safety inspection program established by this Part.  The Department of Environment, Health, and Natural Resources administers the emissions inspection program established by this Part.
(b)	In addition to the definitions in G.S. 20-4.01, the following definitions apply in this Part:
(1)	DEHNR. – The Department of Environment, Health, and Natural Resources.
(2)	Reserved for future codification purposes."
Section 2.  G.S. 20-183.4A reads as rewritten:
"§ 20-183.4A.  License required to perform emissions inspection; qualifications for license.
(a)	License Required. – An emissions inspection must be performed by one of the following methods:
(1)	At a station that has an emissions inspection station license issued by DEHNR and by a mechanic who is employed by the station and has an emissions inspection mechanic license issued by DEHNR.
(2)	At a place of business of a person who has an emissions self-inspector license issued by DEHNR and by an individual who has an emissions inspection mechanic license.
(b)	Station Qualifications. – An applicant for a license as an emissions inspection station must meet all of the following requirements:
(1)	Have a license as a safety inspection station.
(2)	Have an emissions analyzer approved by the Environmental Management Commission.
(3)	Have equipment to transfer information on emissions inspections to DEHNR by electronic means.
(4)	Regularly employ at least one mechanic who has an emissions inspection mechanic license.
(c)	Mechanic Qualifications. – An applicant for a license as an emissions inspection mechanic must meet all of the following requirements:
(1)	Have a license as a safety inspection mechanic.
(2)	Have successfully completed an eight-hour course approved by DEHNR that teaches students about the causes and effects of the air pollution problem, the purpose of the emissions inspection program, the vehicle emission standards established by the federal Environmental Protection Agency, the emission control devices on vehicles, how to conduct an emissions inspection using an emissions analyzer approved by the Environmental Management Commission, and any other topic required by 40 C.F.R. § 51.367 to be included in the course. Successful completion requires a passing score on a written test and on a hands-on test in which the student is required to conduct an emissions inspection of a motor vehicle.
(d)	Self-Inspector Qualifications. – An applicant for a license as an emissions self-inspector must meet all of the following requirements:
(1)	Have a license as a safety self-inspector.
(2)	Operate a fleet of at least 10 vehicles that are subject to an emissions inspection.
(3)	Have, or have a contract with a person who has, an emissions analyzer approved by the Environmental Management Commission.
(4)	Regularly employ or contract with an individual who has an emissions inspection mechanic license and who will perform an emissions inspection on the vehicles that are part of the self-inspector's fleet."
Section 3.  G.S. 20-183.4B reads as rewritten:
"§ 20-183.4B.  Application for license; duration of license; renewal of mechanic license.
(a)	Application. – An applicant for a license issued under this Part must complete an application form provided by the agency that issues the license.  The application must contain the applicant's name and address and any other information needed by the agency to determine whether the applicant is qualified for the license. The agency must review an application for a license to determine if the applicant qualifies for the license. If the applicant meets the qualifications, the agency must issue the license. If the applicant does not meet the qualifications, the agency must deny the application and notify the applicant in writing of the reason for the denial.
(b)	Duration of License. – A safety inspection mechanic license expires four years after the date it is issued. An emissions mechanic inspection license expires two years after the date it is issued. A safety inspection station license, an emissions inspection station license, and a self-inspector license are effective until surrendered by the license holder or suspended or revoked by the agency that issued the license.
(c)	Renewal of Mechanic License. – A safety or an emissions inspection mechanic may apply to renew a license by filing an application with the agency that issues the license on a form provided by that agency.  To renew an emissions inspection  mechanic license, an applicant must have successfully completed a four-hour emissions refresher course approved by DEHNR within nine months of applying for renewal. Successful completion requires a passing score on a written test and on a hands-on test in which the student is required to conduct an emissions inspection of a motor vehicle."
Section 4.  G.S. 20-183.5 reads as rewritten:
"§ 20-183.5.  When a vehicle that fails an emissions inspection may obtain a waiver from the inspection requirement.
(a)	Requirements. –DEHNR may issue a waiver for a vehicle that meets all of the following requirements:
(1)	Fails an emissions inspection because it passes the visual inspection part of the inspection but fails the exhaust emissions analysis part of the inspection.
(2)	Has documented repairs costing at least the waiver amount made to the vehicle to correct the cause of the failure. The waiver amount is seventy-five dollars ($75.00) if the vehicle is a pre-1981 model and is two hundred dollars ($200.00) if the vehicle is a 1981 or newer model.
(3)	Is reinspected and again fails the inspection because it passes the visual inspection part of the inspection but fails the exhaust emissions analysis part of the inspection.
(4)	Meets any other waiver criteria required by 40 C.F.R. § 51.360.
(b)	Procedure. – To obtain a waiver, a person must contact a local office of DEHNR or a designated agent of DEHNR.  Before issuing a waiver, an employee or agent of DEHNR must review the inspection receipts issued for the inspections of the vehicle, review the documents establishing what repairs were made to the vehicle and at what cost, review any statement denying warranty coverage of the repairs made, and do a visual inspection of the vehicle, if appropriate, to determine if the documented repairs were made. DEHNR or its agent must issue a waiver if it determines that the vehicle qualifies for a waiver. A person to whom a waiver is issued must present the waiver to the self-inspector or inspection station performing the inspection to obtain an inspection sticker.
(c)	Repairs. – The following repairs and their costs cannot be considered in determining whether the cost of repairs made to a vehicle equals or exceeds the waiver amount:
(1)	Repairs covered by a warranty that applies to the vehicle.
(2)	Repairs needed as a result of tampering with an emission control device of the vehicle.
(3)	If the vehicle is a 1981 or newer model, repairs made by an individual who is not engaged in the business of repairing vehicles.
(d)	Sticker Expiration. – An inspection sticker put on a vehicle after the vehicle receives a waiver from the requirement of passing the emissions inspection expires at the same time it would if the vehicle had passed the emissions inspection."
Section 5.  G.S. 20-183.6, as amended by Senate Bill 260 of the 1997 General Assembly, reads as rewritten:
"§ 20-183.6.  Businesses that replace windshields must register with Division to get inspection stickers.
A person who is engaged in the business of replacing windshields on vehicles that are subject to inspection under this Part may register with the Division and DEHNR to obtain replacement inspection stickers for use on replaced windshields. A replacement inspection sticker put on a windshield that has been replaced must contain the same information and expire at the same time as the inspection sticker it replaces. A person who puts a replacement inspection sticker on a replaced windshield must remove the inspection sticker from the windshield that was replaced, attach the removed inspection sticker to a copy of the statement given the vehicle owner for replacing the windshield, and keep that copy of the statement until 18 months after the sticker was removed.
A person registered under this section must keep records of replacement stickers put on replaced windshields and must be able to account for all inspection stickers received from the Division or DEHNR.  Either agency may suspend or revoke the registration of a person under this section if the person fails to keep records required by it or is unable to account for inspection stickers received from the it.  An auditor of either agency may review the records of a person registered under this section during normal business hours.
A person who is registered under this section and has a safety inspection station license or an emissions inspection station license must keep the records of the inspection stickers used on replaced windshields separate from the records of the inspection stickers used on vehicles inspected.  A person who is registered under this section and has an inspection station license may not inspect a vehicle whose windshield is being replaced unless the inspection sticker on the windshield has expired or expires at the end of the month in which the windshield is being replaced and the person has the vehicle owner's permission to inspect the vehicle."
Section 6.  G.S. 20-183.6A reads as rewritten:
"§ 20-183.6A.  Duties of agency administering inspection program; duties of license holders.
(a)	Division. –In administering the safety inspection program or the emissions inspection program, the Division and DEHNR must:
(1)	Conduct performance audits, record audits, and equipment audits of those licensed to perform inspections to ensure that inspections are performed properly.
(2)	Ensure that those who audit license holders are knowledgeable about audit procedures and about the requirements of both the safety inspection and the emissions inspection programs.
(3)	Perform an emissions inspection on a vehicle when requested to do so by a vehicle owner so the owner can compare the result of the inspection performed by the agency with the result of an inspection performed at an emissions inspection station.
(4)	Investigate complaints about a person licensed to perform inspections and reports of irregularities in performing inspections.
(5)	Establish written procedures for the issuance of inspection stickers to persons licensed to perform inspections.
(6)	Submit information and reports to the federal Environmental Protection Agency as required by 40 C.F.R. Part 51.
(b)	License Holders. – A person who is licensed by the Division under this Part must post the license at the place required by the issuing agency and must keep a record of inspections performed. The inspection record must identify the vehicle that was inspected, indicate the type of inspection performed and the date of inspection, and contain any other information required by the agency that administers the inspection program.  A self-inspector or an inspection station must send its records of inspections to the agency that administers the inspection program in the form and at the time required by that agency.  An auditor or agent of the Division or DEHNR may review the inspection records of a person licensed by it under this Part during normal business hours."
Section 7.  G.S. 20-183.7, as amended by Senate Bill 260 of the 1997 General Assembly, reads as rewritten:
"§ 20-183.7.  Fees for performing an inspection and putting an inspection sticker on a vehicle; use of civil penalties.
(a)	Fee Amount. – When a fee applies to an inspection of a vehicle or the issuance of an inspection sticker, the fee must be collected. The following fees apply to an inspection of a vehicle and the issuance of an inspection sticker:
Type	Inspection	Sticker
Safety Without
  After-Factory Tinted Window	$ 8.25	
	 $.50
Safety With After-
  Factory Tinted Window	18.25	 
	 .50
Emissions 
	8.75	 
	1.90.
		
The fee for performing an inspection of a vehicle applies when an inspection is performed, regardless of whether the vehicle passes the inspection. The fee for an inspection sticker applies when an inspection sticker is put on a vehicle.  The fee for performing an inspection of a vehicle with a tinted window applies only to an inspection performed with a light meter after a safety inspection mechanic determined that the window had after-factory tint.
A vehicle that is inspected at an inspection station and fails the inspection is entitled to be reinspected at the same station at any time within 30 days of the failed inspection without paying another inspection fee.
(b)	Self-Inspector. – The fee for an inspection does not apply to an inspection performed by a self-inspector. The fee for putting an inspection sticker on a vehicle applies to an inspection performed by a self-inspector.
(c)	Fee Distribution. – Fees collected for inspection stickers are payable to the agency that administers the inspection program. The amount of each fee listed in the table below shall be credited to the Highway Fund, the Emissions Program Account established in subsection (d) of this section, the Volunteer Rescue/EMS Fund established in G.S. 58-87-5, the Rescue Squad Workers' Relief Fund established in G.S. 58-88-5, and the Division of Air Quality of the Department of Environment, Health, and Natural Resources:
Recipient	Safety    Sticker Highway Fund.25.00
Emissions Program Account	.00	1.80
Volunteer Rescue/EMS Fund	.15	.00
Rescue Squad Workers' Relief
Fund	.10	.00
Division of Air Quality	.00	.
	 .10.
(d)	Account. – The Emissions Program Account is created as a nonreverting account within DEHNR. DEHNR shall administer the Account. Revenue in the Account may be used only to fund the vehicle emissions inspection and maintenance program.
(e)	Civil Penalties. – Civil penalties collected under the safety inspection program in this Part shall be credited to the Highway Fund as nontax revenue.  Civil penalties collected under the emissions inspection program in this Part shall be credited to the General Fund as nontax revenue."
Section 8.  G.S. 20-183.8A reads as rewritten:
"§ 20-183.8A.  Civil penalties against motorists for emissions violations.
DEHNR must assess a civil penalty against a person who owns or leases a vehicle that is subject to an emissions inspection and who does any of the following:
(1)	Fails to have the vehicle inspected within four months after it is required to be inspected under this Part.
(2)	Instructs or allows a person to tamper with an emission control device of the vehicle so as to make the device inoperative or fail to work properly.
(3)	Incorrectly states the county of registration of the vehicle to avoid having an emissions inspection of the vehicle.
The amount of penalty is one hundred dollars ($100.00) if the vehicle is a pre-1981 vehicle and two hundred fifty dollars ($250.00) if the vehicle is a 1981 or newer model vehicle. As provided in G.S. 20-54, the registration of a vehicle may not be renewed until a penalty imposed under this subsection has been paid."
Section 9.  G.S. 20-183.8B, as amended by Senate Bill 260 of the 1997 General Assembly, reads as rewritten:
"§ 20-183.8B.  Civil penalties against license holders and suspension or revocation of license for emissions violations.
(a)	Kinds of Violations. – The civil penalty schedule established in this section applies to emissions self-inspectors, emissions inspection stations, and emissions inspection mechanics. The schedule categorizes emissions violations into serious (Type I), minor (Type II), and technical (Type III) violations.
A serious violation is a violation of this Part or a rule adopted to implement this Part that directly affects the emission reduction benefits of the emissions inspection program. A minor violation is a violation of this Part or a rule adopted to implement this Part that reflects negligence or carelessness in conducting an emissions inspection or complying with the emissions inspection requirements but does not directly affect the emission reduction benefits of the emissions inspection program. A technical violation is a violation that is not a serious violation, a minor violation, or another type of offense under this Part.
(b)	Penalty Schedule. –DEHNR must take the following action for a violation:
(1)	Type I. – For a first or second Type I violation by an emissions self-inspector or an emissions inspection station, assess a civil penalty of two hundred fifty dollars ($250.00) and suspend the license of the business for six months. For a third or subsequent Type I violation within three years by an emissions self-inspector or an emissions inspection station, assess a civil penalty of one thousand dollars ($1,000) and revoke the license of the business for two years.
		For a first or second Type I violation by an emissions inspection mechanic, assess a civil penalty of one hundred dollars ($100.00) and suspend the mechanic's license for six months. For a third or subsequent Type I violation within seven years by an emissions inspection mechanic, assess a civil penalty of two hundred fifty dollars ($250.00) and revoke the mechanic's license for two years.
(2)	Type II. – For a first or second Type II violation by an emissions self-inspector or an emissions inspection station, assess a civil penalty of one hundred dollars ($100.00). For a third or subsequent Type II violation within three years by an emissions self-inspector or an emissions inspection station, assess a civil penalty of two hundred fifty dollars ($250.00) and suspend the license of the business for 90 days.
		For a first or second Type II violation by an emissions inspection mechanic, assess a civil penalty of fifty dollars ($50.00). For a third or subsequent Type II violation within seven years by an emissions inspection mechanic, assess a civil penalty of one hundred dollars ($100.00) and suspend the mechanic's license for 90 days.
(3)	Type III. – For a first or second Type III violation by an emissions self-inspector, an emissions inspection station, or an emissions inspection mechanic, send a warning letter. For a third or subsequent Type III violation within three years by the same emissions license holder, assess a civil penalty of twenty-five dollars ($25.00).
(c)	Station or Self-Inspector Responsibility. – It is the responsibility of an emissions inspection station and an emissions self-inspector to supervise the emissions mechanics it employs. A violation by an emissions inspector mechanic is considered a violation by the station or self-inspector for whom the mechanic is employed.
	(d)	Missing Stickers. –DEHNR must assess a civil penalty against an emissions inspection station or an emissions self-inspector that cannot account for an emissions inspection sticker issued to it. A station or a self-inspector cannot account for a sticker when the sticker is missing and the station or self-inspector cannot establish reasonable grounds for believing the sticker was stolen or destroyed by fire or another accident.
The amount of the penalty is twenty-five dollars ($25.00) for each missing sticker. If a penalty is imposed under subsection (b) of this section as the result of missing stickers, the monetary penalty that applies is the higher of the penalties required under this subsection and subsection (b); DEHNR may not assess a monetary penalty as a result of missing stickers under both this subsection and subsection (b). Imposition of a monetary penalty under this subsection does not affect suspension or revocation of a license required under subsection (b).
(e)	Mechanic Training. – An emissions inspection mechanic whose license has been suspended or revoked must retake the course required under G.S. 20-183.4A and successfully complete the course before the mechanic's license can be reinstated.  Failure to successfully complete this course continues the period of suspension or revocation until the course is completed successfully."
Section 10.   G.S. 20-183.8C, as amended by Senate Bill 260 of the 1997 General Assembly, reads as rewritten:
"§ 20-183.8C.  Acts that are Type I, II, or III emissions violations.
(a)	Type I. – It is a Type I violation for an emissions self-inspector, an emissions inspection station, or an emissions inspection mechanic to do any of the following:
(1)	Put an emissions inspection sticker on a vehicle without performing an emissions inspection of the vehicle.
(1a)	Put an emissions inspection sticker on a vehicle after performing an emissions inspection of the vehicle and determining that the vehicle did not pass the inspection.
(2)	Use a test-defeating strategy when conducting an emissions inspection, such as holding the accelerator pedal down slightly during an idle test, disconnecting or crimping a vacuum hose to effect a passing result, or changing the emission standards for a vehicle by incorrectly entering the vehicle type or model year to achieve a passing result.
(3)	Allow a person who is not licensed as an emissions inspection mechanic to perform an emissions inspection for a self-inspector or at an emissions station.
(4)	Sell or otherwise give an inspection sticker to another other than as the result of a vehicle inspection in which the vehicle passed the inspection or for which the vehicle received a waiver.
(5)	Be unable to account for five or more inspection stickers at any one time upon the request of an auditor of DEHNR.
(6)	Perform a safety-only inspection on a vehicle that is subject to both a safety and an emissions inspection.
(7)	Transfer an inspection sticker from one vehicle to another.
(b)	Type II. – It is a Type II violation for an emissions self-inspector, an emissions inspection station, or an emissions inspection mechanic to do any of the following:
(1)	Use the identification code of another to gain access to an emissions analyzer.
(2)	Keep inspection stickers and other compliance documents in a manner that makes them easily accessible to individuals who are not inspection mechanics.
(3)	Put an emissions inspection sticker on a vehicle that is required to have one of the following emissions control devices but does not have it:
a.	Catalytic converter.
b.	PCV valve.
c.	Thermostatic air control.
d.	Oxygen sensor.
e.	Unleaded gas restrictor.
f.	Gasoline tank cap.
g.	Air injection system.
h.	Evaporative emissions system.
i.	Exhaust gas recirculation (EGR) valve.
(4)	Put an emissions inspection sticker on a vehicle without performing a visual inspection of the vehicle's exhaust system and checking the exhaust system for leaks.
(5)	Impose no fee for an emissions inspection of a vehicle or the issuance of an emissions inspection sticker or impose a fee for one of these actions in an amount that differs from the amount set in G.S. 20-187.3.
(c)	Type III. – It is a Type III violation for an emissions self-inspector, an emissions inspection station, or an emissions inspection mechanic to do any of the following:
(1)	Fail to post an emissions license issued by DEHNR.
(2)	Fail to send information on emissions inspections to DEHNR at the time or in the form required by DEHNR.
(3)	Fail to post emissions information required by federal law to be posted.
(4)	Fail to put the required information on an inspection sticker in a legible manner using ink.
(5)	Fail to put the required information on an inspection receipt in a legible manner.
(6)	Fail to maintain an emissions analyzer maintenance log.
(d)	Other Acts. – The lists in this section of the acts that are Type I, Type II, or Type III violations are not the only acts that are one of these types of violations. DEHNR may designate other acts that are a Type I, Type II, or Type III violation."
Section 11.  G.S. 20-183.8D, as amended by Senate Bill 260 of the 1997 General Assembly, reads as rewritten:
"§ 20-183.8D.  Suspension or revocation of license.
(a)	Safety. – The Division may suspend or revoke a safety self-inspector license, a safety inspection station license, and a safety inspection mechanic license issued under this Part if the license holder fails to comply with this Part or a rule adopted by the Commissioner to implement this Part.
(b)	Emissions. –DEHNR may suspend or revoke an emissions self-inspector license, an emissions inspection station license, and an emissions inspection mechanic license issued under this Part for any of the following reasons:
(1)	The suspension or revocation is imposed under G.S. 20-183.8B.
(2)	Failure to pay a civil penalty imposed under G.S. 20-183.8B within 30 days after it is imposed."
Section 12.  G.S. 20-183.8D.1, as enacted by Senate Bill 260 of the 1997 General Assembly, reads as rewritten:
"§ 20-183.8D.1.  Requirements for giving certain emissions license holders notice of violations and for taking summary action.
(a)	Finding of Violation. – When an auditor of DEHNR finds that an emissions violation has occurred that could result in the suspension or revocation of an emissions inspection station license, an emissions self-inspector license, or an emissions mechanic license, the auditor must give the affected license holder written notice of the finding.  The notice must be given within five business days after the violation occurred.  The notice must state the period of suspension or revocation that could apply to the violation and any monetary penalty that could apply to the violation.  The notice must also inform the license holder of the right to a hearing if DEHNR charges the license holder with the violation.
(b)	Notice of Charges. – When DEHNR decides to charge an emissions inspection station, an emissions self-inspector, or an emissions mechanic with a violation that could result in the suspension or revocation of the person's emissions license, an auditor of that agency must deliver a written statement of the charges to the affected license holder.  The statement of charges must inform the license holder of this right, instruct the person on how to obtain a hearing, and inform the license holder of the effect of not requesting a hearing.  The license holder has the right to a hearing before the license is suspended or revoked.  G.S. 20-183.8E sets out the procedure for obtaining a hearing.
(c)	Exception for Summary Action. – The right granted by subsection (b) of this section to have a hearing before an emissions license is suspended or revoked does not apply if DEHNR summarily suspends or revokes the license after a judge has reviewed and authorized the proposed action.  A license issued to an emissions inspection station, an emissions self-inspector, or an emissions mechanic is a substantial property interest that cannot be summarily suspended or revoked without judicial review."
Section 13.  G.S. 20-183.8E, as amended by Senate Bill 260 of the 1997 General Assembly, reads as rewritten:
"§ 20-183.8E.  Administrative and judicial review.
(a)	Right to Hearing. – A person who applies for a license or registration under this Part or who has a license or registration issued under this Part has the right to a hearing when any of the following occurs:
(1)	The Division or DEHNR denies the person's application for a license or registration.
(2)	DEHNR delivers to the person a written statement of charges of an emissions violation that could result in the suspension or revocation of the person's emissions license.
(3)	The Division or DEHNR summarily suspends or revokes the person's license following review and authorization of the proposed adverse action by a judge.
(4)	The Division or DEHNR assesses a civil penalty against the person.
(5)	The Division or DEHNR issues a warning letter to the person.
(6)	The Division or DEHNR cancels the person's registration.
(b)	Hearing After Statement of Charges. – When an emissions license holder receives a statement of charges of an emissions violation that could result in the suspension or revocation of the person's emissions license, the person can obtain a hearing by making a request for a hearing.  The person must make the request to DEHNR within 10 days after receiving the statement of the charges.  A person who does not request a hearing within this time limit waives the right to a hearing.
DEHNR must hold a hearing requested under this subsection within three business days after receiving the request unless the person requesting the hearing asks for additional time to prepare for the hearing.  A person may ask for no more than seven additional business days to prepare.  If the additional time requested is within this limit, DEHNR must grant a person the additional time requested.  The hearing must be held at the location designated by DEHNR.  Suspension or revocation of the license is stayed until a decision is made following the hearing.
If a person does not request a hearing within the time allowed for making the request, the proposed suspension or revocation becomes effective the day after the time for making the request ends.  If a person requests a hearing but does not attend the hearing, the proposed suspension or revocation becomes effective the day after the date set for the hearing.
(c)	Hearing After Summary Action. – When the Division or DEHNR summarily suspends a license issued under this Part after judicial review and authorization of the proposed action, the person whose license was suspended or revoked may obtain a hearing by filing with the appropriate agency a written request for a hearing.  The request must be filed within 10 days after the person was notified of the summary action.  The agency must hold a hearing requested under this subsection within 14 days after receiving the request.
(d)	All Other Hearings. – When this section gives a person the right to a hearing and subsection (b) or (c) of this section does not apply to the hearing, the person may obtain a hearing by filing with the appropriate agency a written request for a hearing.  The request must be filed within 10 days after the person receives written notice of the action for which a hearing is requested.  The Division must hold a hearing within 90 days after the Division receives the request.  A request made to DEHNR for a hearing is governed by Article 3 of Chapter 150B of the General Statutes.
(e)	Review of Division Decision by Commissioner. – The Commissioner may conduct a hearing required to be held by the Division under this section or may designate a person to conduct the hearing.  When a person designated by the Commissioner holds a hearing and makes a decision, the person who requested the hearing has the right to request the Commissioner to review the decision.  The procedure set by the Division governs the review by the Commissioner of a decision made by a person designated by the Commissioner.
(f)	Decision. – A decision made after a hearing on the imposition of a monetary penalty against a motorist for an emissions violation or on a Type I, II, or III emissions violation by an emissions license holder must uphold any monetary penalty, license suspension, license revocation, or warning required by G.S. 20-183.8A or G.S. 20-183.8B, respectively, if the decision contains a finding that the motorist or license holder committed the act for which the monetary penalty, license suspension, license revocation, or warning was imposed.  A decision made after a hearing on any other action may uphold or modify the action.
(g)	Judicial Review. – Article 4 of Chapter 150B of the General Statutes governs judicial review of an administrative decision made under this section."
Section 14.  G.S. 143-215.106 reads as rewritten:
"§ 143-215.106.  Administration of air quality program.
The Department shall administer the air quality program of the State.  The air quality program of the State includes the emissions inspection program administered under G.S. 20-128.2 and Part 2 of Article 3A of Chapter 20 of the General Statutes."
Section 15.  G.S. 143-215.111 reads as rewritten:
"§ 143-215.111.  General powers of Commission; auxiliary powers.
In addition to the specific powers prescribed elsewhere in this Article and the applicable general powers prescribed in G.S. 143-215.3, and for the purpose of carrying out its duties, the Commission shall have the power:
(1)	To make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere of the State and the several areas thereof, and make recommendations to the General Assembly and other appropriate public and private bodies for the control of such air contaminants.
(2)	To consult, upon request, with any person proposing to construct, install, or otherwise acquire an air pollution source or air-cleaning device for the control of air contaminants concerning the efficacy of such device, or the air problem which may be related to such source, or device; provided, however, that nothing in any such consultation shall be construed to relieve any person from compliance with this Article and Article 21, rules adopted pursuant thereto, or any other provision of law.
(3)	To encourage local units of government to handle air pollution problems within their respective jurisdictions and on a cooperative basis, and to provide such local units technical and consultative assistance to the maximum extent possible.
(4)	To establish procedures providing for public notice, public comment, and public hearings on applications for permits required by Title V to meet the requirements of Title V and implementing regulations adopted by the United States Environmental Protection Agency.
(5)	To establish procedures providing for notice to the Administrator of the United States Environmental Protection Agency and affected states of proposals to issue permits required by Title V and allowing affected states the opportunity to submit written comment as required by section 505(a) of Title V (42 U.S.C. § 7661d) and implementing regulations adopted by the United States Environmental Protection Agency.
(6)	To adopt rules to implement the emissions inspection program administered under G.S. 20-128.2 and Part 2 of Article 3A of Chapter 20 of the General Statutes."
Section 16.  The balance in the Emissions Program Account on 30 June 1998 is transferred from the Division of Motor Vehicles of the Department of Transportation to the Department of Environment, Health, and Natural Resources.
Section 17.  Forty positions in the Division of Motor Vehicles are eliminated.  Thirty positions in the Department of Environment, Health, and Natural Resources are established to implement this act.
Section 18.  The Division of Motor Vehicles of the Department of Transportation and the Department of Transportation shall jointly report to the Environmental Review Commission on a quarterly basis on the implementation of this act.  The first quarterly report under this section is due 1 October 1998.
Section 19.  This act becomes effective 1 July 1998.