ORDINANCE NO. BL2011-836

An Ordinance amending Section 10.56.240 of the Metropolitan Code to exempt certain newer vehicles from the emissions testing requirements.

WHEREAS, Section 10.56.240 of the Metropolitan Code authorizes the Metropolitan Board of Health to adopt and promulgate regulations for a program of inspection and maintenance (I&M) of internal combustion engines and requires that any such regulation be approved by resolution of the Metropolitan Council; and

WHEREAS, the Board of Health adopted and promulgated its Regulation No. 8 that established the I&M program; and

WHEREAS, Regulation No. 8 and subsequent amendments thereto have been approved by resolutions of the Metropolitan Council; and

WHEREAS, 577,686 vehicles were inspected as part of the emissions testing program overseen by the Metropolitan Department of Health; and

WHEREAS, of these 577,686 vehicles tested last year, 56,452 were from the three most recent model years, with a failure rate of only two percent; and

WHEREAS, the Metropolitan Council recognizes the importance of clean air to the citizens of the Metropolitan Government; and

WHEREAS, given the low percentage of emissions testing failures by vehicles from the three most recent model years, the burden upon citizens to drive to the testing centers and wait in line with their motors running likely outweighs the clean air benefits associated with the mandatory testing; and

WHEREAS, although the Metropolitan Government is currently within the acceptable clean air standards promulgated by the U.S. Environmental Protection Agency, it is anticipated that these standards will be tightened in the coming months; and

WHEREAS, Regulation No. 8 of the Metropolitan Department of Health already exempts new vehicles from the emissions testing requirements; and

WHEREAS, it is fitting and proper that owners of vehicles from the two most recent model years should have the option of avoiding the emissions testing requirement upon payment of a three dollar fee to offset the lost revenue to the Department of Health for air quality monitoring.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 10.56.240 of the Metropolitan Code is hereby amended by adding the following new subsection E.:

“E. Notwithstanding the foregoing provisions of this section or the provisions of Regulation 8 of the Metropolitan Public Health Department to the contrary, vehicles that are two years old or newer shall have the option of avoiding the Metropolitan Government emissions inspection requirements upon the payment of an additional three dollar ($3.00) fee to the Davidson County Clerk at the time the vehicle is registered. The additional three dollar ($3.00) fee shall be deposited into the general fund of the general services district for the use and benefit of the Pollution Control Division of the Metropolitan Public Health Department for air quality control and monitoring purposes.”

Section 2. The provisions of this Ordinance shall become effective July 1, 2011.

Section 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Rip Ryman, Jim Forkum