Colo. Rev. Stat. § 42-4-307 – Powers and duties of the department of public health and environment - division of administration - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program - legislative declaration - high-emitter motor vehicle regulation - definition - rules - repeal.

(1) The division shall establish and provide for the operation of a system, which may include a telephone answering service, to answer questions concerning the automobile inspection and readjustment programs from emissions inspectors, emissions mechanics, repair technicians, and the public.
(2) The division shall administer the licensing test for emissions inspectors, except for such inspectors at enhanced inspection centers, and emissions mechanics and shall oversee training.
(3) The division shall establish and operate such technical or administrative centers as may be necessary for the proper administration and ongoing support of the automobile inspection and readjustment program, for enhanced inspection centers, for the small business technical assistance program, and for the state smoking vehicle programs provided for in sections 42-4-412 to 42-4-414, and for affected motorists. The division is authorized to enter into a contract or service agreement in accordance with paragraph (a) of subsection (10) of this section for this purpose.
(4) The division shall develop and recommend to the commission, as necessary, vehicle emissions inspection procedure requirements to ensure compliance with the state implementation plan and the federal act.
(5) The division shall identify and recommend to the commission, as necessary, revisions to vehicle eligibility and the schedule of inspection frequency.
(6)
1. (a)
  1. (I) The division shall administer, in accordance with federal requirements, the on-road remote sensing program.
  2. (II) Pursuant to commission rule and based on confirmatory tests at an emissions technical center or emissions inspection facility that identify such vehicles as exceeding applicable emissions standards, off-cycle repairs may be required for noncomplying vehicles.
2. (b) Additional studies of the feasibility and appropriateness of on-road remote sensing technology as a potential emissions control strategy shall be pursued as available funding permits.
3. (c) The division is authorized to enter into a contract or service agreement in accordance with paragraph (a) of subsection (10) of this section for the purpose of this subsection (6).
(7) The division shall monitor and periodically report to the commission on the performance of the mobile sources state implementation plan provisions as they pertain to the basic emissions program area and the enhanced emissions program area.
(8)
1. (a) The division shall administer the emissions inspector, emissions mechanic, and repair technician qualification and periodic requalification procedures, if applicable, and remedial training provisions in a manner consistent with department of revenue enforcement activities.
2. (b) The division, in consultation with the executive director, is authorized to bring enforcement actions in accordance with article 7 of title 25, C.R.S., for violations of regulations promulgated pursuant to section 42-4-306 which would cause violations of the state implementation plan.
(9) The division shall maintain inspection data from the AIR program pursuant to the federal act. Data analysis and reporting shall be submitted to the commission by the departments of public health and environment and revenue by July 1 of each year for the period of January through December of the previous year. Data analysis, state implementation plan compliance, and program performance reporting shall be submitted to the environmental protection agency by the department of public health and environment by July 1 of each year for the period of January through December of the previous year. The division shall develop and maintain the data processing system necessary for the AIR program in compliance with federal reporting requirements.
(10)
1. (a) For the enhanced emissions program, the department of public health and environment and the executive director are authorized to enter into a contract or service agreement with a contractor to provide inspection services at enhanced inspection centers for vehicles required to be inspected pursuant to section 42-4-310 within the enhanced program area. Any such contract or service agreement shall include such terms and conditions as are necessary to ensure that such contractor will operate any such enhanced inspection center in compliance with this article and the federal act. Any such contract or service agreement shall also include provisions establishing liquidated damages and penalties for failure to comply with the terms and conditions of the contract and shall be in accordance with regulations adopted by the commission.
2. (b) Upon approval by the department of public health and environment and the executive director, the contractor shall provide inspection services for vehicles within the enhanced emissions program area required to be inspected pursuant to section 42-4-310. Notwithstanding any contrary provision in the Procurement Code, articles 101 to 112 of title 24, or this article 4, a contract for inspection services may be renewed for a term that is determined by the division.
3. (10.5)
  1. (a) For the clean screen program and the Denver clean screening pilot study, the department of public health and environment and the department of revenue may, pursuant to the Procurement Code, articles 101 to 112 of title 24, C.R.S., enter into a contract with a contractor for the purchase of equipment, the collection of remote sensing and other data and operation of remote sensing and support equipment, data processing and vehicle ownership matching in cooperation with the executive director, and collection of remote sensing and other data for the Denver clean screening pilot study, including analysis of the results of such study and report preparation. Under any such contract the department of public health and environment and the department of revenue may purchase approved remote sensing and support equipment or authorize the use of a qualified contractor or contractors to purchase approved remote sensing and support equipment for use in the clean screen program. Notwithstanding any contrary provision in the Procurement Code, articles 101 to 112 of title 24, C.R.S., the clean screen contract may be incorporated into any contract or renewed contract pursuant to subsection (10) of this section. The contractor retained pursuant to this subsection (10.5) shall be the same as the contractor retained pursuant to subsection (10) of this section. The contractor shall make one-time transfers into the clean screen fund created in section 42-3-304 (19) in a total amount necessary to cover computer programming costs associated with implementation of House Bill 01-1402, enacted at the first regular session of the sixty-third general assembly, in the following order:
    1. (I) Up to thirty thousand dollars from the contractor's revenues;
    2. (II) Up to thirty thousand dollars from the public relations account provided for in the contract; and
    3. (III) Up to forty thousand dollars from the technical center account provided for in the contract.
  2. (b) Repealed.
(11) The department of public health and environment shall conduct studies on the development, effectiveness, and cost of evolving technologies in mobile source emission inspection for consideration by March of each even-numbered year. In the event that alternative technologies become available, cost and air quality effectiveness shall be considered prior to adoption by the commission as inspection technology.
(12) to (15) Repealed.
(16) Prior to July 1, 2022, the department of public health and environment shall seek approval from the environmental protection agency to modify the state implementation plan to expand the testing exemption for new vehicles to ten model years. If the environmental protection agency approves the request, the commission shall adopt a rule expanding the testing exemption for new vehicles to ten model years within twelve months following the approval. In addition, the department of public health and environment shall seek approval from the environmental protection agency to expand the testing exemption for plug-in hybrid electric motor vehicles to twelve model years.
(17)
1. (a)
  1. (I) The general assembly declares that:
    1. (A) Gasoline-powered motor vehicles are a major source of ozone precursors, including nitrogen oxides, hydrocarbons, and carbon monoxide;
    2. (B) Gasoline-powered motor vehicles with emissions control systems that have been tampered with or emissions control systems that are not operating properly create excess ozone precursors, including nitrogen oxides, hydrocarbons, and carbon monoxide, and are high-emitting motor vehicles;
    3. (C) High-emitting motor vehicles contribute a disproportionate amount of total emissions and are a major source of air pollution, especially in the ozone nonattainment area;
    4. (D) The clean screen program currently operates to identify clean motor vehicles operating on the road and will identify high-emitting motor vehicles on the road; and
    5. (E) High-emitting motor vehicles that are operating in the ozone nonattainment area are difficult to identify through mandatory testing, and these include motor vehicles with tampered emissions control systems within a testing exemption period, motor vehicles requiring repairs between emissions tests, and motor vehicles that have failed an emissions test and were subsequently registered outside the program area.
  2. (II) The general assembly determines that the best interest of the state is to identify high-emitting motor vehicles and require vehicles with malfunctioning or tampered-with motor vehicle emissions control systems to be repaired in order to reduce excess emissions of ozone precursors, including nitrogen oxides, hydrocarbons, and carbon monoxide.
2. (b) [Editor's note: Subsection (17)(b) is effective April 1, 2027. (see editor's note following this section)]
  1. (I) The commission may adopt rules to identify and regulate high-emitting motor vehicles that are within the model year exemption period for their vehicle emissions inspection cycle or that are registered in Colorado and outside the program area after failing an emissions test.
  2. (II) If a motor vehicle is identified as a high-emitting motor vehicle through an enhanced emissions inspection, the division may notify the executive director that the motor vehicle fails to comply with the emissions and maintenance requirements of this part 3 or rules adopted by the commission under this part 3.
  3. (III)
    1. (A) This subsection (17)(b) is effective April 1, 2027.
    2. (B) This subsection (17)(b)(III) is repealed, effective July 1, 2027.
3. (c) As used in this subsection (17), unless the context otherwise requires, high-emitting motor vehicle means a motor vehicle that produces significantly more air pollutants than the motor vehicle average, exceeding established emissions limits.

Source: L. 94: (10), (11), and (12) amended, p. 2811, § 585, effective July 1; entire title amended with relocations, p. 2292, § 1, effective January 1, 1995. L. 98: (10.5) added, p. 893, § 4, effective May 26. L. 2001: (6)(a), (10)(b), and (10.5)(a) amended, p. 1015, § 4, effective June 5. L. 2002: (11) amended, p. 871, § 6, effective August 7. L. 2005: IP(10.5)(a) amended, p. 1174, § 12, effective August 8. L. 2006: (12), (13), (14), and (15) added, p. 1025, § 3, effective July 1. L. 2010: (13) amended, (SB 10-213), ch. 375, p. 1764, § 13, effective June 7. L. 2012: (12) to (15) repealed, (SB 12-034), ch. 107, p. 363, § 3, effective August 8. L. 2021: (16) added, (SB 21-260), ch. 250, p. 1411, § 27, effective June 17. L. 2025: (10)(b) amended and (17) added, (SB 25-321), ch. 387, p. 2174, § 3, effective June 3 (see editor's note).

Editor's note: (1) This section is similar to former § 42-4-309.5 as it existed prior to 1994, and the former § 42-4-307 was relocated to § 42-4-304.

(2) Amendments to subsections (10), (11), and (12) by House Bill 94-1029 were harmonized with Senate Bill 94-001.

(3) Subsection (10.5)(b)(II) provided for the repeal of subsection (10.5)(b), effective July 1, 2001. (See L. 98, p. 893.)

(4) Section 11 of chapter 387 (SB 25-321), Session Laws of Colorado 2025, provides that the act changing this section takes effect June 3, 2025. Subsection (17)(b)(III)(A) provides that subsection (17)(b) takes effect April 1, 2027.

Cross references: (1) For the legislative declaration contained in the 2001 act amending subsections (6)(a), (10)(b), and (10.5)(a), see section 1 of chapter 278, Session Laws of Colorado 2001. For the legislative declaration contained in the 2006 act enacting subsections (12), (13), (14), and (15), see section 1 of chapter 225, Session Laws of Colorado 2006.

(2) For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.