ORDINANCE NO. BL2011-907

An Ordinance amending Section 10.56.240 of the Metropolitan Code pertaining to the administration of the vehicle emissions testing program.

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, the Davidson County Clerk is responsible for the registration of all motor vehicles in Davidson County, as well as the collection and processing of various taxes and fees; and

WHEREAS, while it is appropriate for the air pollution monitoring functions associated with vehicle emissions testing program to remain with the Board of Health, the Metropolitan Council has determined that the Davidson County Clerk is in a better position to oversee the administrative functions of the program, including the collection and processing of vehicle emissions testing fees.

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 Health Department – Division of Pollution Control to the contrary, the administrative functions associated with the vehicle inspection and maintenance program shall be the sole and exclusive responsibility of the Davidson County Clerk. For purposes of this subsection, “administrative functions” include the following:

1. The collection and processing of all applicable emissions testing/inspection fees at the time a motor vehicle is registered.
2. Working in conjunction with the Metropolitan Board of Health, oversee any and all contracts for the operation of the emissions testing program. All such contracts entered into after the effective date of this subsection shall specify that the Metropolitan Government is acting by and through the Metropolitan Board of Health and the Davidson County Clerk. Fees owed to the contractor pursuant to the terms of such contract shall be paid by the Davidson County Clerk to the contractor once a month.

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: Jim Forkum