Low-Emissions Vehicle Commission. (a) Establishment.-- There is hereby established a Low-Emissions Vehicle Commission which shall consist
Pennsylvania Consolidated Statutes
Section: 4709
Jurisdiction: PA
Bluebook Citation: 75 Pa. Cons. Stat. § 4709
§ 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.
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