Legislative Bulletin

APRIL 6, 2001

Legislative Actions

Measure proposes raising fees for car safety inspections


The cost of a car safety inspection would rise from $8.50 to $14.45 in October while an auto emissions test, which is required in nine urban counties, would shoot up from $19.40 to $33.55 under terms of a bill introduced in the House this week. The measure, H. 969 Air Quality/Motor Vehicle Inspection Fees, was introduced by Speaker Pro Tem Joe Hackney, a Democrat from Chapel Hill. It implements terms of the Ambient Air Quality Improvement Act of 1999, a major clean-air bill passed in the last session of the General Assembly. Exhaust from cars and trucks account for about half of all air pollution and as much as 90 percent of ozone in urban areas. 

Under current law, cars licensed in the state's most urban counties -- Cabarrus, Durham, Forsyth, Gaston, Guilford, Mecklenburg, Orange, Union and Wake -- are required to pass a safety test as well as an annual emissions test. Cars registered in the 91 other counties are only required to pass the safety test. But with air quality issues increasing in importance, the General Assembly in 1999 adopted legislation that would gradually spread the emissions-testing requirement to 48 counties that are home to 80 percent of all the cars and trucks registered in the state.

The first expansion of the emissions testing program will come in July 2003 when the requirement extends to Catawba, Cumberland, Davidson, Iredell, Johnston and Rowan counties. In January 2004 it will spread to include Alamance, Chatham, Franklin, Lee, Lincoln, Moore, Randolph and Stanly counties. In July 2004 Buncombe, Cleveland, Granville, Harnett and Rockingham counties will join the program. Burke, Caldwell, Haywood, Henderson, Rutherford, Stokes, Surry and Wilkes counties come under emissions testing in July 2005. In January 2006 it will include Brunswick, Carteret, Craven, New Hanover and Onslow counties. 

In the 1999 legislation, the legislature also scrapped the current method of testing a car's emissions. Now, a service station attendance sticks a "sniffer" up a car's tailpipe while it's running to measure emissions, but that system doesn't measure nitrogen oxide, the major component of ozone. In its place, the state adopted a computer-based system in which inspection stations will use computers that will connect directly to the car's onboard diagnostic (OBD) system. While an OBD test won't directly measure exhaust levels, it will determine if any of the vehicle's air pollution control equipment are not operating properly. The OBD tests would begin in January in the nine counties currently under the emissions testing requirement.

While all these new air quality systems have been in place for nearly two years now, the legislature for two years has put off setting the price that drivers will pay for the tests. The N.C. Independent Garage Owners Association has said its studies show that service stations will need a minimum of $33 to break even on an OBD emissions test. The state Department of Environment and Natural Resources, which administers the vehicle emissions testing program, has informally proposed a fee of around $25.

Rep. Hackney's bill also proposes penalties of up to $1,000 for drivers who violate the emissions and safety testing requirements.


Kirk testifies telecommunications Bill

NCCBI President Phil Kirk testified Tuesday before the House Finance Committee regarding H. 571 Simplify Tax on Telecommunications, a measure which would decrease from 6.5 percent to 4.5 percent sales tax on intrastate long distance and would implement a new 4.5 percent tax on interstate long distance calls for the first time in North Carolina. On Wednesday the Finance Committee gave the bill a favorable report

The bill sponsors have indicated that the bill is “revenue neutral” which means that while some individuals and businesses will experience an increase in their telephone costs, others will have decreases. If most of your long distance calls are within the state, your bill should go down. If you make a majority of calls out of state, your bill will go up.

NCCBI currently does not have a position on the issue but Kirk explained to the House committee that several North Carolina businesses have expressed concerns that the new tax would significantly add to their telecommunications costs (companies who have reported have estimated $50,000 and above). Kirk also noted that although he understands that some businesses will experience a decrease in costs, those companies have not called to let NCBI know that information.

Kirk pointed out that the states surrounding Virginia, South Carolina and Georgia do not have this tax.

This issue will be on the agenda for discussion at NCCBI’s Tax and Fiscal Policy Committee on Monday, April 9.  NCCBI members are urged to let us know if they will experience cost savings or cost increases because of this potential law change. Please call Leslie Bevacqua (919-836-1406), Julie Campbell (919-836-1402) or Phil Kirk (919-836-1407) to provide your input.


Bevacqua Testifies in Support of Limited Umstead Act Exemption

NCCBI Vice President of Governmental Affairs Leslie Bevacqua testified Wednesday in support of S. 531 Exempt Certain Community College Activities from the Umstead Act. The bill, which received a favorable report from the Senate Education/Higher Education Committee, will allow community college facilities to be used by businesses for information technology outsourcing and telecommuting sites; for small business incubators; and product testing services.

NCCBI’s Economic Development Committee adopted a position this fall to support a waiver of the Umstead Act to provide these types of limited but important services that enhance local economic development opportunities.


Joint committee examines study of DOT cash management

Legislators heard findings and recommendations on Wednesday from a study of the N.C. Department of Transportation cash balances and an assessment of opportunities and constraints for reducing them.  No decisions were made on the recommendations. The independent study, conducted by the Dye Management  Group Inc., explains that there is a major concern that the balances in the state’s Highway Trust Fund ($850 million) and the Highway Fund ($270 million) have grown while there is a large backlog of highway needs.

The report said that the cash balance of the Highway Trust Fund have risen to over $850 million since 1989 from the following sources:

  • $215 million came from the issuance of a highway bond in that amount in 1996.

  • $300 million is a necessary program delay to build cash reserves (working capital) to fund construction.

  • $100 million arose because revenues were underestimated.

  • $200 million is attributable to undesired program delivery delays.

  • $40 million is due to the municipal aid reserve.

The Dye Management Group ultimately recommends that the state use current cash balances and available bonding authority to shift to a cash-flow basis and thereby create a one-time acceleration of highway construction program funding.  Currently, the state uses cash financing and sets aside all money for a project at the on-set of a project.  Cash flow financing would set aside the funding allocation as it is needed over the construction-time of the project.

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