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Hello all,

  Attached it a draft version of resolution we would like filed & passed in the HOUSE.  We are open to suggestion but negotiating with the EPA for 18 to36 months before ending the test is not an option.  Let negotiate from a position of strength by ending the testing and make them prove it is effective.

    I have a new data that show reformulated gasoline is the worst thing we can use during hot months (SUMMER) and the scientist is willing to come here to testify !!! He also has info on emission testing.

Sincerely for Clean Air,

Larry Brown Ph 859 282-0222
Member of VETO the VET (Ending Vehicle Emission Testing)
www.vetothevet.com

VETO the VET Resolution / Bill

Outline:

1)     Contract is Unconstitutional and should be ended & renegotiated

2)     Direct the Natural Resources to begin immediately to negotiate with EPA to end testing and recalculate emission testing in the SIP.

3)     It should invoke a federal law the federal government from enforcing any unfounded mandates upon the states.

4)     It should request the EPA and a scientific source our the state’s choosing to evaluate emission testing’s impact on air quality.

The following is a Joint Resolution relating to vehicle emission testing.

     Whereas, in various areas of the Commonwealth vehicle emission testing (VET) programs have operated since 1984;

     Whereas, since 1984, regulations of pollutants has tighten and technological controls on a variety of air emission sources, including vehicles, has substantially improved; and

     Whereas, gasoline reformulations have changed to reduce harmful components; and

     Whereas, approximately 99% of vehicles built after 1994 pass the test for emissions; and

     Whereas, VET programs have been shown in various studies, most notably, The National Academy of Sciences, that emission tests are not a primary source of current or future air quality improvements; and

     Whereas, the contract between the Natural Resources and Environment Protection Cabinet and the contractor responsible for emission testing in Northern Kentucky, Envirotest, is unconstitutional, illegal and unenforceable because an attempt by the executive branch to bind the General Assembly to a mandatory testing in excess of a biennium, and it is in violation of the Constitution of the Commonwealth sections 46, 49, and 50; and

     Whereas, the Finance and Administration Cabinet has entered into a 10 year price contract, PCT NO.: BP010138, for emission testing related to the Northern Kentucky Emission Check program; and

     Whereas, that contract provides for termination, with 90 days notice, of the contract by either party at any time due to termination of the vehicle emission control program for any of the subject counties, or due to federal or legislative changes or court decisions, or for any other reasons; and

     Whereas, the EPA has recently agreed that actual VOC reductions attributable to emission testing is approximately 30% of what has been claimed under the state’s SIP and;

     Whereas, federal law allows various approaches to attaining air quality; and

     Whereas the Natural Resources and Environment Protection Cabinet have placed only one air monitor in each county and done so under EPA rules that they be placed at the worst possible location for air quality, the counties as a whole may be in attainment with any air quality standard but the cabinet lacks the data to prove this under administrative regulation 401 KAR 65:010;

   NOW, THEREFORE,

Be it resolved by the General Assembly of the Commonwealth of Kentucky:

      Section 1.    The Natural Resources and Environmental Protection cabinet is directed to close the Northern Kentucky Emission Check Program on or before November 1, 2004, and to cease on or before November 1 2004, all such vehicle emission testing as provided for in KAR 65:010 in the area served by the Northern Kentucky Emission Check testing program.

       Section 2.   The Finance and Administration Cabinet is directed to terminate, by or before November 1, 2004, price contract NO.: BP010138 in accordance with the termination provisions of section 40.220 of the contract and by any other provisions of the contract or requirement of state and federal law.

       Section 3.   The Natural Resources and Environment Protection Cabinet and the Transportation cabinet are directed to take any and all measures necessary to ensure that no motor vehicle owner whose vehicle is subject by testing by the Northern Kentucky Emission Check testing program is refused registration reinstatement, or denied vehicle registration, or subjected to regulation after October 31, 2004, for failure to comply with the Northern Kentucky Emission Check program requirements prior to November 1, 2004.

       Section 4.   The office of the Attorney General should proceed with all legal means to recoup federal funds for un-funded federal mandates, constitutionality of the contract, to prepare to defend the Commonwealth of Kentucky against the EPA or any other federal agency attempting to force testing under the Tenth Amendment {as upheld by New York vs. U.S. 91-543, 1992, U.S. vs. Lopes 93-1260, 1995, Printz et al vs. U.S. 95—1478, 1997} and to oversee a timely negotiated agreement between the EPA and the Natural Resources and Environmental Protection Cabinet to meet any and all air quality issues the loss of the emission testing may cause under the State Implementation plan.   

       Section 5.   The Natural Resources and Environmental Protection Cabinet are directed to place multiple air monitors in Boone, Kenton and Campbell counties to determine the overall air quality of each county, and that should air quality data be needed in the future of any Kentucky County, a minimum of three (3) air monitors be place in the counties to include at least one in a remote, rural area of that county.  Should any dispute occur between the Commonwealth and the EPA or other federal agency dealing with the Clean Air Act or future federal Act(s), the Commonwealth reserves the right to have independent research conducted and that data presented publicly in determining how the Commonwealth can best achieve a cost effective State Implementation Plan.

       Section 6.    It should be further stipulated that the Commonwealth of Kentucky will determine the best methods to meet and exceed any Clean Air Act or it’s standards now and in the future. Furthermore, the Commonwealth of Kentucky and any and all Cabinet(s) so charged with meeting such standards, will not permit nor allow punitive actions to be taken against the Commonwealth’s citizens, businesses or lands so long as the Commonwealth can show it’s methods to be improving the air quality to achieve or exceed federal standards within a reasonable timeframe.. 

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