49-558.02. Voluntary vehicle repair and retrofit program; criteria; fund; report
A. The department shall operate and administer a voluntary vehicle repair and retrofit program in areas that are subject to the vehicle emissions inspection program established by this article. A vehicle owner's participation is voluntary. The department may contract with an independent contractor to develop and implement all or any portion of the program. The program shall provide for quantifiable emissions reductions.
B. A vehicle owner may participate in the program if all of the following criteria are met:
1. The owner is willing to participate in the program.
2. The vehicle being repaired or retrofitted is functionally operational.
3. The vehicle being repaired or retrofitted is titled in this state, has taken the emissions inspection test pursuant to section 49-542, subsection A, has been registered during the immediately preceding twelve months and has not been unregistered for more than sixty days.
4. The vehicle is required to take the emissions inspection test and the vehicle fails the emissions test in the emissions inspection results portion of the test. The vehicle owner shall apply to the program not more than sixty days after failing the test.
5. The emissions control system has not been tampered with.
6. The emissions control system has not been removed or disabled, in whole or in part.
7. The vehicle is taken to a participating repair facility. Any repairs performed at an unauthorized repair facility are not eligible for payment.
8. Participation in the program is limited to one vehicle per owner.
9. Motor homes, motorcycles and salvage and fleet vehicles are not eligible to participate in the program.
C. Notwithstanding subsection B or D of this section, diesel powered motor vehicles with a gross vehicle rating of more than eight thousand five hundred pounds, that are subject to the vehicle emissions inspection program and that fail any random roadside vehicle test conducted by the state or that fail the emissions test conducted pursuant to section 49-542 are eligible for up to $1, 000 in repair or retrofit costs from the program. Qualified vehicle owners pursuant to this subsection shall be responsible for one-half of the costs of the qualified repairs and the other half of the costs shall be funded from the program up to $1, 000. An owner of vehicles that are registered as a fleet shall not receive more than $10, 000 in total monies. Not more than twenty-five percent of the program funds in any year may be used for the purposes of this subsection.
D. The department shall operate and administer an emissions control repair and retrofit program in cooperation with the county that provides that:
1. Vehicle owners who qualify for the repair and retrofit program shall pay the first $100 as a copayment.
2. Vehicles that require more than $1, 000 in repair or retrofit costs are not eligible unless the vehicle owner chooses to pay additional costs.
E. The voluntary vehicle repair and retrofit program fund is established. The director shall administer the fund. Not more than five percent of the monies in the fund may be used for the purpose of educating the general public about the program and eligibility for the program. The fund consists of monies from the following sources:
1. Monies appropriated by the legislature.
2. Monies appropriated by political subdivisions.
3. Monies deposited pursuant to section 49-551, subsection B.
4. Gifts, grants and donations.
F. On or before December 1 of each year, the department shall prepare and submit a progress report to the department of transportation, the speaker of the house of representatives, the president of the senate, the governor and the secretary of state on the voluntary vehicle repair and retrofit program that contains at least the following information:
1. The number of vehicles repaired or retrofitted by model year.
2. The cost-effectiveness of the program in terms of dollars spent per ton of vehicle emissions reductions.
3. Any recommendations for improving the effectiveness of the program.
4. The administrative costs of the program.