SB 22-179

Senate Bill 22-179, which has been signed into law in Colorado, aims to prevent the tampering with motor vehicle emission control systems starting January 1, 2024. This means it will be illegal for anyone to modify or disable these systems, sell vehicles that have had their emissions controls altered, or operate such vehicles. The law includes a "safe harbor" period from July 1, 2025, where individuals who report tampering with their vehicle's emission control system can avoid penalties for up to one year. Motorcycles are exempted from these rules. The bill also requires the Department of Public Health and Environment to provide annual reports on enforcement actions related to this law. If another bill (House Bill 22-1217) becomes law, fines collected will go towards preventing catalytic converter theft; otherwise, they will fund highway user taxes for vehicle inspections.

Official Summary

Section 5 of the act prohibits a person, on or after January 1, 2024, from tampering with a motor vehicle's emission control system, conveying or offering to convey a motor vehicle with an emission control system that has been tampered with, or operating a motor vehicle with an emission control system that has been tampered with (anti-tampering provisions). Section 5 also: On and after July 1, 2025, provides a "safe harbor" from enforcement of the anti-tampering provisions for a period up to one year for a person that self-reports noncompliance with the anti-tampering provisions; Authorizes the air quality control commission to adopt rules as necessary to implement the anti-tampering provisions; Exempts motorcycles from the anti-tampering provisions; and Authorizes the department of public health and environment, on or before January 1, 2025, and on or before January 1 of each year thereafter, to report to the legislative committees that hear energy matters a summary of the complaints filed, enforcement actions taken, and penalties assessed for violations of the anti-tampering provisions. Section 1 authorizes the attorney general to bring a civil action to enforce the anti-tampering provisions, and sections 3 and 4 establish penalties for the anti-tampering provisions. Section 3 requires penalties collected to be credited to the catalytic converter identification and theft prevention grant program cash fund (fund), which fund is created in section 2 and is to be used for the catalytic converter identification and theft prevention grant program created in House Bill 22-1217, concerning measures to prevent catalytic converter theft, if that bill becomes law. Sections 2 and 3 take effect only if House Bill 22-1217 becomes law. Alternatively, if House Bill 22-1217 does not become law, section 4 takes effect and requires penalties collected to be credited to the AIR account in the highway users tax fund for the administration of the automobile inspection and readjustment program. Section 6 makes nonsubstantive changes to the definition of "motor vehicle". Section 7 extends the period during which a motor vehicle dealer remains liable to a consumer for a recently purchased motor vehicle's compliance with emissions standards from 3 business days after purchase to 5 business days after purchase. Section 8 authorizes the department of revenue to deny, suspend, or revoke a motor vehicle dealer's, wholesale motor vehicle auction dealer's, wholesaler's, buyer agent's, or used motor vehicle dealer's license for selling to a retail customer a motor vehicle that is not equipped with a properly functioning emission control system. (Note: This summary applies to this bill as enacted.)

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