Committee previews ANR amendment to bar DMV from changing emissions inspection rules without federal approval

The chair of the House Transportation committee on May 19 previewed an amendment submitted by the Agency of Natural Resources designed to clarify that rulemaking language in the miscellaneous motor vehicle bill does not empower the Department of Motor Vehicles to change emissions inspection requirements.

Damien Leonard of the Office of Legislative Council told the committee that ANR counsel found the existing draft could be read broadly and that the proposed fix would make explicit that nothing in the inspections rulemaking section "shall be construed to permit the Department of Motor Vehicles to amend the rules relating to emissions inspections for motor vehicles." Leonard said ANR is comfortable with the language he circulated and that he had spoken with DMV leadership as well.

Leonard explained the policy rationale: emissions inspections fall under ANR jurisdiction and are subject to federal requirements; changing those rules without federal permission could trigger litigation, as occurred after New Hampshire repealed its inspection requirements and was later enjoined. The amendment is intended to preserve federal compliance and avoid placing the state in a position that would invite legal challenge.

Committee members were given notice that the amendment traces to language drafted earlier in the session and that the panel will likely return to consider the specific text between floor sessions. Staff said they would circulate the precise amendment language and coordinate with ANR and DMV before the committee reconvenes. No committee vote was taken on this previewed amendment.