Update on E-check in Ohio

[SlowmotionMotorsports]

Volume #76, Report #140, Article #01 --Monday, July 16, 2007 Gongwer News Service

 

BATTLE OVER EXTENDING E-CHECK IN NORTHEAST OHIO COULD PLAY OUT IN COURT

 

Gov. Ted Strickland's veto of language designed to curb E-Check in northeast Ohio may not be the end of the administration's struggle with Republican lawmakers over the unpopular vehicle emissions testing program.

 

The Democrat vetoed language in the biennial budget (HB 119) that would have required the Ohio Environmental Protection Agency replace the tailpipe tests with onboard diagnostics (OBD) tests. But vocal E-Check foe Sen. Tim Grendell (R-Chesterland), who helped write the eliminated language, says Gov. Strickland vetoed too much.

 

"The governor went beyond just vetoing the OBD. He vetoed everything that was in the bill, therefore taking away the ability to implement anything," he said in a recent interview.

 

OEPA Director Chris Korleski contested the attorney's legal interpretation, saying the agency does have the authority to extend the E-Check program in northeast Ohio and will do so as required by the federal government.

 

Sen. Grendell predicted there would be a legal challenge if the administration goes ahead with plans to implement E-check.

 

"The OEPA does not have independent authority to extend the contract with Envirotest or to enter into a new contract," he said, referring to the company that operates the mandatory tailpipe emissions-testing program for the state.

 

"That contract has to be approved by the legislature. They have an appropriation, but they don't have the authority to spend the money."

 

The budget appropriates $15 million a year to continue the program in the Cleveland area.

 

In 2005, the GOP-led legislature added a provision to the previous budget bill (HB66, 126th General Assembly) that terminates both the program and the state's contract with the vendor on Dec. 31, 2007, Sen. Grendell said.

 

Director Korleski pointed to statutory language that says the program "shall not be continued beyond that date unless otherwise federally mandated."

 

"It's our position that E-Check is most definitely mandated in northeastern Ohio," he said, pointing to the region's "moderate non-attainment status" under the federal Clean Air Act, a designation he says requires some type of auto emissions testing program.

 

Sen. Grendell maintains some regions in moderate non-attainment status have OBD programs only, without tailpipe emissions tests.

 

One key advantage is the convenience of the OBD procedure, which can be carried out at numerous service stations, rather than just a few centralized locations that are qualified to perform E-Check, he said.

 

However, in his veto message, Gov. Strickland said the method is ineffective in vehicles manufactured prior to 1996.

 

"OBD-only testing would result in an estimated loss of 800 tons per year of air pollution reductions, which could lead to tighter restrictions on industry to compensate for the loss," the message said. "Ultimately this would impede economic development and seriously threaten Ohio jobs."

 

Joshua

SlowMotion Motorsports