1. (1) As used in this section, fund means the motor vehicle emissions assistance fund created in subsection (2) of this section.
2. (2) The motor vehicle emissions assistance fund is created in the state treasury. The fund consists of money credited to the fund pursuant to section 25-7-129 (2)(a)(V)(A), any other money that the general assembly may appropriate or transfer to the fund, and any gifts, grants, and donations received under subsection (5) of this section.

3. (3)

   1. (a) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
   2. (b) At the end of each state fiscal year, no more than two hundred fifty thousand dollars that is unexpended and unencumbered remains in the fund.
   3. (c) At the end of each state fiscal year, the state treasurer shall credit any unexpended and unencumbered money in excess of two hundred fifty thousand dollars remaining in the fund to the community impact cash fund created in section 25-7-129 (1).

4. (4) Beginning in the state fiscal year 2025-26, the division may expend money from the fund to provide grants for:

   1. (a) Paying emissions inspection fees required by part 3 of article 4 of title 42, or rules adopted by the commission under part 3 of article 4 of title 42, for motor vehicles registered to individuals participating in an established and recognized public assistance program; or

   2. (b) Adjustments or emissions-related repairs that are necessary and sufficient to receive a certification of emissions compliance under part 3 of article 4 of title 42 and rules adopted under part 3 of article 4 of title 42 if the adjustments or repairs are performed by:

      1. (I) A registered repair facility or technician, as defined in section 42-4-304 (21); or
      2. (II) A motor vehicle repair facility registered with the secretary of state and in compliance with article 9 of title 42 or registered with the division pursuant to rules adopted by the commission.

   3. (c) To qualify for a grant under subsection (4)(b) of this section, a motor vehicle owner must:

      1. (I) Own a motor vehicle that is required to be registered in the program area and either:

         1. (A) Participate in an established and recognized public assistance program; or
         2. (B) Demonstrate qualifying repair expenditures that meet or exceed the limits established to comply with section 42-4-310 (1)(d)(VI); or
      2. (II) Own a motor vehicle that has been identified as a high emitter and participate in a voluntary study conducted by the division.
   4. (d) Subsection (4)(c)(II) of this section does not require the division to pay a motor vehicle owner to participate in a voluntary study.
5. (5) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes set forth in this section. The state treasurer shall credit any gifts, grants, or donations received by the division to the fund.
6. (6) Money in the fund is continuously appropriated to the division to accomplish the purposes set forth in this section.

Source: L. 2025: Entire section added, (SB 25-321), ch. 387, p. 2177, § 7, effective June 3.