KRS 224.20-755: Operation of vehicle emission control program by county.

(1) A county fiscal court may apply to the cabinet for authority to operate a vehicle

emission control program. The cabinet may delegate authority when it has found

that the applicant:

(a) Has obtained approved machinery, tools, and equipment approved by the

cabinet and adequate to conduct the required emission inspections;

(b) Has provided for a sufficient number of facilities to ensure minimum waiting

time for vehicles to be inspected;

(c) Employs properly trained personnel with whom to perform the necessary

inspections;

(d) Has adopted minimum emission standards for vehicles at least as stringent as

those adopted by the cabinet; and

(e) Agrees to provide information prescribed by the cabinet concerning the

implementation, administration, and operation of the vehicle emission control

program.

(2) Any county that has received authority to operate a vehicle emission control

program shall be prohibited from inspecting motorcycles as defined in KRS

189.285(6). The provisions of this subsection shall supersede any e xisting local

ordinance involving the inspection of motorcycles under a vehicle emission control

program administered by a county. All counties, cities, special districts, and other

units of local government shall be prohibited from enacting an ordinance c ontrary

to the provisions of this subsection.

(3) Any county that has received authority to operate a vehicle emission control

program shall honor and issue reciprocal certificates as required under KRS 224.20-

717. The provisions of this subsection shall s upersede any existing local ordinance

involving the inspection of motor vehicles under a vehicle emission control

program administered by a county. All counties, cities, special districts, and other

units of local government shall be prohibited from enacti ng an ordinance contrary

to the provisions of this subsection.

(4) Any county which has received authority to operate a vehicle emission control

program may charge an inspection fee. There shall be established an emission

inspection account in the county. Unless an independent contractor is authorized

pursuant to KRS 224.20-740 to collect inspection fees, the county clerk shall collect

the fee at the time of registration renewal in the manner provided for cabinet

programs. The inspection fees collected by t he county clerk shall be immediately

transferred to the county emission inspection account, except for a sum of no more

than twenty-five cents ($0.25) per vehicle which the county clerk may retain.

(5) A county which has received authority to operate a veh icle emission control

program shall transmit to the cabinet's vehicle emission control fund two percent

(2%) of the funds received from inspection fees or from the independent contractor

authorized pursuant to KRS 224.20-740.

(6) The county may use the county's emission inspection fund to acquire any special

equipment, tools, employees, material, or facilities needed to adequately administer,

investigate, or enforce the provisions of KRS 224.20-710 to 224.20-765.

(7) The county may enter into a contract with the cabinet and receive state funds

charged to the cabinet's vehicle emission control fund to start a vehicle emission

control program.

(8) A county applying for delegation pursuant to this section may enter into a contract

with one (1) or more independent contractors subject to the provisions of KRS

224.20-740 to provide for construction, equipment, establishment, maintenance and

operation of inspection stations for the purpose of obtaining delegation pursuant to

KRS 224.20-710 to 224.20-765.

(9) If the cabinet determines, after a hearing with notice, that a delegated vehicle

emission control program is not being administered in accordance with KRS

224.20-710 to 224.20 -765, the delegation of authority may be revoked by order of

the cabinet and all unexpended money, equipment and facilities acquired by the

county with funds granted by the cabinet shall be transferred to the cabinet.