Hogan OKs vehicle emissions inspection changes on his way out
Despite opposition from Democratic state lawmakers and legislative analysts, Gov. Larry Hogan approved changes to Maryland’s vehicle emissions inspection program on his way out of office.
The regulatory change — which came to light in 2021 as the state sought a new contractor to handle vehicle inspections — would lengthen the amount of time before new cars need to be inspected by the state from three years to six, among other alterations.
The move has drawn concern from a committee of state lawmakers that reviews regulations, called the Joint Committee on Administrative, Executive and Legislative Review. The majority of legislators on the committee voted against the regulation during a session in December, though Republicans favored it.
Committee Chairman Del. Sandy Rosenberg, a Democrat who represents Baltimore City, spoke out against it.
“There are serious issues here — substantive issues — about the effect of these regs on people of lower income, in terms of the disproportionate burden that would be imposed upon them — those citizens of the state — to get the inspection,” Rosenberg said.
In part, the regulation would exempt owners of newer cars, who are typically part of a higher income bracket than owners of older cars, Rosenberg said in an interview with The Baltimore Sun. At the beginning of its search for a new contractor, the state also said it’s considering some decentralization of the program, by allowing private businesses to conduct the testing.
Committee members also were concerned with the legality of the regulation’s rollout, Rosenberg said.
In an analysis of the new regulation by the Department of Legislative Services, state analysts expressed concern that the alterations were made by the agency, rather than the General Assembly.
“It is unclear whether the General Assembly intended for such major changes to the inspection program, called VEIP, to be made through regulations that rely on a broad interpretation of the authority of MVA and MDE rather than such changes being made through the legislative process,” read the analysis.
But in a letter dated Jan. 3, Hogan, a Republican, wrote that he’d instructed the Maryland Department of Transportation to move forward with the changes anyway.
“With the improved performance of vehicle emissions technology over the last decade, it is necessary to evaluate and modernize Maryland’s VEIP program, which was originally adopted in 1984, and ensure the program does not unnecessarily burden Marylanders,” read Hogan’s letter to the Rosenberg and Sen. Sarah Elfreth, the chairpeople of the joint legislative review committee.
When the regulations were first brought forward, MDOT officials said vehicles that would be newly excluded by this plan, those between 3 and 6 model years old, have an average pass rate of 99%, compared with 87% for older vehicles. The new regulation also establishes “motorist assistance centers” meant to help drivers with repairs.
The regulation was published Jan. 13, and takes effect 10 days later, said Hogan spokesman Mike Ricci.
The request for proposals seeking a contractor to run the VEIP program is open and has a Feb. 14 deadline, said Ashley Millner, a spokesperson for MDOT Motor Vehicle Administration.
For opponents of the changes, two options remain, Rosenberg said. The General Assembly could make changes to the vehicle emissions inspection program during its upcoming session, or incoming Democratic Gov. Wes Moore could reverse course.
In a statement, Moore spokesman Carter Elliott said “the concerns about equity raised by the [Administrative, Executive and Legislative Review] committee are valid and must be taken into consideration when exploring how to best move forward.”
“The Moore-Miller Administration is deeply committed to combating the crippling effects of climate change in a way that is fair and equitable to all Marylanders,” he continued.
Kumar Barve, who chairs the House of Delegates’ Environment and Transportation Committee, also has spoken out against the rule change.
“It’s the position of the committee that a major change of policy like this ought not to be made through procurement,” said Barve, a Montgomery County Democrat.
Barve said the committee still is looking at the issue and determining how to proceed.
In the nearly two years since the vehicle emissions inspection changes were originally put forward, some things were altered, according to the governor’s letter.
For instance, the regulation initially phased out all non-computerized emissions tests, including idle tests. But the move would have exempted older heavy-duty trucks that don’t have this technology, a change that went against state law, according to the analysts from the Department of Legislative Services. The regulations were revised to reflect that onboard diagnostic and idle testing for those trucks will continue, Hogan wrote.
Hogan also wrote that “uncertain regulatory action, caused, in part, by the Maryland General Assembly,” has delayed the process of finding a new contractor for the VEIP program. The new contract likely would lower the cost to Maryland, as the state would be charged based on the number of tests conducted, rather than a flat fee, according to Hogan’s letter.
The state’s contract with the current vendor, Envirotest Maryland, has been extended until September 2024 “to allow time to complete a new procurement,” according to Maryland Board of Public Works documents. That two-year contract is worth $25.6 million.
The Department of Legislative Services also estimated that, overall, the rule change would decrease revenues bound for the Transportation Trust Fund by about $6.1 million per fiscal year, because of the decline in emissions testing fees. That analysis was completed for fiscal year 2023. In turn, expenditures would decrease about $178,000 a year, according to the fiscal analysis.
The Trust Fund, established in 1971, supports the Maryland Department of Transportation and is used for all of its activities, including maintenance and capital projects.