JPA - 2010 - Motor Vehicle Inspection/Maintenance Program - 6/22/2010
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MOTOR VEHICLE INSPECTION AND l\1AINTENANCE PROGRAM
JOINT POWERS AGREEMENT
WHEREAS, Idaho Code Sections 67-2328 through 2333, provide for certain joint powers and
activities between public agencies within the state ofIdaho Department of Environmental
Quality;
WHEREAS, Idaho Code Section 39-ll6B, provides for the implementation of a motor vehicle
inspection and maintenance program in certain areas when certain conditions are met. If an
airshed, as defined by the Department of Environmental Quality (DEQ), within a metropolitan
statistical area, as defmed by the United States office of management and budget, has ambient
concentration design values equal to or above 85% of a national ambient air quality standard for
three consecutive years and DEQ determines air pollutants from motor vehicles constitute one of
the top two emission sources contributing to the design value of 85%, then DEQ is required to
promulgate a rule that establishes minimum standards for a motor vehicle inspection and
maintenance program for that area. Additionally, DEQ is required to provide the county
commissioners and city councils within the area, with a due date of 120 days, the option to (l)
enter into a joint exercise of powers agreement to develop a standardized inspection and
maintenance program, or (2) propose to DEQ to implement an alternative motor vehicle emission
control strategy that will result in emissions reductions equivalent to that of a vehicle emission
inspection program. IfDEQ determines that the emissions reductions of the alternative motor
vehicle emission control strategy are not equivalent, or no equivalent reductions are proposed,
DEQ or its designee shall implement a motor vehicle inspection and maintenance program;
WHEREAS, DEQ determined the Treasure Valley metropolitan statistical area met the
conditions underldaho Code Section 39-ll6B. As a result, DEQ promulgated a rule establishing
the minimum standards for a motor vehicle inspection program, IDAPA 58.01.01.517 through
525, Rules for the Control of Air Pollution in Idaho. Ada county and the cities of Boise, Eagle,
Star, Garden City and Meridian have chosen to enter into this joint exercise of powers agreement
with DEQ;
WHEREAS, the county and cities signatory to this Agreement desire to continue to implement
and administer the existing motor vehicle inspection and maintenance program established in
1984, updated in 1991 and 1999, recognized in the Northern Ada County Carbon Monoxide
Limited Maintenance Plan, 67 Fed. Reg. 65713 (October 28,2002), incorporated in 40 CFR
Sections 52.670(c) (city and county ordinances) and 52.670(e) (nonattainment area plans), and
updated again in December 2009. The existing program was established pursuant to a document
entitled, Automotive Inspection and Readjustment Program Joint Powers Agreement, a true and
correct copy ofwhich is attached hereto as Attachment A. The Agreement provides for the
establishment of an Air Quality Board to operate the pro gram. The Air Quality Board adopted
emissions testing rules and regulations, and Ada County, and the cities of Boise, Eagle, Star,
Garden City and Meridian adopted enforceable ordinances that require emissions testing;
NOW, THEREFORE, the undersigned hereby agree to the following terms and conditions of this
Agreement.
1. Tenn. The term of this Agreement shall commence on the date of execution as evidenced
by the fmal signatory and remain in effect until either DEQ or the county and cities
signatory terminates the agreement. DEQ, Ada County and the cities of Boise, Eagle,
Garden City, Star and Meridian agree to work cooperatively to ensure motor vehicle
inspection and maintenance testing now and in the future meets all legal requirements.
2. Idaho Code Section 39-116B and IDAP A 58.01.01.517 through 525, Rules for the
Control of Air Pollution in Idaho. The Air Quality Board created under Attachment A,
Ada County and the cities of Boise, Eagle, Garden City, Star and Meridian, shall adopt
such rules or ordinances as necessary to ensure the requirements ofIdaho Code Section
39-ll6B and IDAP A 58.01.01.517 through 525 are met.
3. Funding. Idaho Code Section 39-ll6B(2)(g) provides the fee for a motor vehicle
inspection shall not exceed $20 per vehicle. The fee must cover the costs necessary to
run the program and fund an air quality public awareness and outreach program. The
county and cities signatory agree to fund a public awareness and outreach program.
4. Enforcement. Each public agency, through execution of this Agreement, agrees to the
enforcement of said ordinances, where applicable, within its respective jurisdiction. Each
public agency shall ensure compliance with Idaho Code Section 39-ll6B(4), relating to
providing information to the Idaho Transportation Department.
5. Adoption. This Agreement shall therefore be executed and adopted by each public
agency in accordance with all applicable statutory requirements. An action of the Board
shall be subject to compliance with all state and federal laws applicable to municipalities
and counties within the state ofIdaho.
6. Exchange ofInformation. The county and cities signatory and DEQ agree to share
information and work together to ensure a high level of customer service to members of
the public. Ada County hereby agrees that DEQ will send testing information to those
motor vehicle owners with a City of Kuna mailing address.
7. Subject to the limits of liability specified in the Idaho Tort Claims Act, county and cities
signatory shall indemnify and save and hold harmless DEQ from and for any and all
losses, claims, actions or judgment for damages or injuries to persons or property or
losses and expenses caused by or incurred by county or cities signatory, their servants,
agents, employees and independent contractors or any other person, firm, partnership,
company, corporation or association hired, retained or employed by city or counties
signatory to perform or to do any act or thing herein required of county or cities
signatory.
red Tilman
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By: 'lMK-
Rick yzagu' e ~
DATED: IV/1m
IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY
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By:
David H. Bieter,
DATED:
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CITY OF GARDEN
By:
John Evans, Mayor
DATED:
CITY OF MERIDIAN
By:
Tammy de Weerd, Mayor
DATED:
By:
DATED:
By:
Toni Hardesty, Director
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CITY OF EAGLE
By:
Michael Huffaker, (Acting) Mayor
DATED:
CITY OF STAR
By:
Nathan Mitchell, Mayor
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aron M. Ullman
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DATED:
CITY OF BOISE
By:
David H. Bieter, Mayor
DATED:
CITY OF EAGLE
By:
Michael Huffaker, (Acting) Mayor
DATED:
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CITY OF STAR
By:
Nathan Mitchell, Mayor
DATED:
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CITY OF MERIDIAN
By:
Tammy de Weerd, Mayor
DATED:
ADA COUNTY COMMISSIONERS
By:
Fred Tilman
DATED:
By:
Sharon M. Ullman
DATED:
By:
Rick Yzaguirre
DATED:
IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Toni Hardesty, Director
DATED:
CITY OF BOISE
By:
David H. Bieter, Mayor
DA TED:
CITY OF EAGLE
By:
Michael Huffaker, (Acting) Mayor
DATED:
CITY OF GARDEN CITY
By:
John Evans, Mayor
CITY OF STAR
By:
Nathan Mitchell, Mayor
DATED:
DATED:
DATED:
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CITY OF MERIDIAN
ADA COUNTY COMMISSIONERS
By:
Fred Tilman
DATED:
By:
Sharon M. Ullman
DATED:
By:
Rick Yzaguirre
DATED:
IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Toni Hardesty, Director
DATED:
By:
Rick Yzaguirre
DATED:
IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Toni Hardesty, Director
DATED:
CITY OF BOISE
By:
David H. Bieter, Mayor
DATED:
CITY OF GARDEN CITY
By:
Jolm Evans, Mayor
DATED:
CITY OF MERIDIAN
By:
Tammy de Weerd, Mayor
DATED:
ADA COUNTY COMMISSIONERS
By:
Fred Tilman
DATED:
DATED:
CITY OF STAR
By:
Nathan Mitchell, Mayor
DATED:
By:
Sharon M. Ullman
DA TED:
CITY OF BOISE
CITY OF EAGLE
By:
David H. Bieter, Mayor
By:
, Michael Huffaker (Acting) Mayor
DATED:
DATED:
CITY OF GARDEN CITY
CITY OF MERIDIAN
By:
John Evans, Mayor
By:
Tammy de Weerd, Mayor
DATED:
DATED:
CITY OF STAR
BY~~
Nathan Mitchell, Mayor
DA TED: rjUtlL- I (2L210
IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Toni Hardesty, Director
DA TED: