State Update

Date: June 11, 2019

As a service to AASA, HDMA, MERA and OESA members, MEMA contracts with Stateside to provide timely updates on key issues affecting parts suppliers on the state level. For brief summaries of state activity, see below. The StateLink portal is live for MEMA members can be access via this link. For more in-depth information in the interim, including bill text and legislative outlook, please contact Catherine Boland.

 

Aftermarket Parts

New York AB 8050 - Aftermarket Parts

Sponsor: Assemblymember William Magnarelli (D)

Summary for 05/31/2019 Version:
This measure requires motor vehicle repair shops to follow original equipment manufacturers (OEM) guidelines for collision repairs and forbids insurance companies from requiring repair shops to deviate from those guidelines.

No motor vehicle repair shop may deviate from the collision repair guidelines, procedures, recommendations and service bulletins issued by a vehicle or original equipment manufacturer in the repair of a collision damaged vehicle without the written authorization from the vehicle owner or the vehicle owner's authorized representative. 

No insurer may directly or indirectly require the deviation from the collision repair guidelines, procedures, recommendations and service bulletins issued by a vehicle or original equipment manufacturer in the repair of a collision damaged vehicle without the written authorization from the vehicle owner or the vehicle owner's representative.

5/31/2019 Version

Status:
05/31/2019: Introduced; referred to Assembly Insurance Committee

Ohio HB 166 - Aftermarket Parts

Sponsor:

Summary for 5/8/2019 version:
This measure was amended into scope on May 8. This measure includes a provision related to motor vehicle tire or wheel road hazard contracts.

This measure excludes motor vehicle tire or wheel road hazard contracts  from the provisions governing motor vehicle ancillary product protection contracts. This measure also makes the sale of a motor vehicle tire or wheel road hazard

contract a consumer transaction for purposes of the Consumer Sales  Practices Act. (pg. 537 of Omnibus amendment)

Summary for 5/9/2019 version:
Section 3704.14 of the budget extends the allowance of the Director of Environmental Protection to implement certain vehicle inspections.

This measure provides that if the Director of Environmental Protection determines that implementation of a motor vehicle inspection and maintenance program is necessary for the state to effectively comply with the federal Clean Air Act after June 30, 2019, the director may provide for the implementation of the program in those counties in this state in which such a program is federally mandated.

The Director of Administrative Services is to enter into a contract with a vendor to operate a decentralized motor vehicle inspection and maintenance program in each county in this state in which such a program is federally mandated through June 30, 2023, with an option for the state to renew the contract for a period of up to twenty-four months through June 30, 2025. The contract shall ensure that the decentralized motor vehicle inspection and maintenance program achieves at least the same emission reductions as achieved by the program operated under the authority of the contract that was extended. (Page 853)

3/25/2019 Version
5/2/2019 Version
5/8/2019 Version

Status:
06/05/2019: Hearing scheduled

 

New York SB 6309 - Right To Repair

Sponsor: Senator Neil Breslin (D)

Summary for 06/04/2019 Version:
This measure requires original equipment manufacturers (OEM) to make diagnostic and repair information for digital electronic parts and equipment available to independent repair providers and consumers if such parts and repair information are also available to OEM authorized repair providers.

This measure requires original equipment manufacturers to make available, for purposes of diagnosis, maintenance, or repair, to any independent repair provider, or to the owner of digital electronic equipment manufactured by or on behalf of, or sold by, the OEM, on fair and reasonable terms, documentation, parts, and tools, inclusive of any updates to information or embedded software. Nothing in this section requires an OEM to make available a part if the part is no longer available to the OEM.

For equipment that contains an electronic security lock or other security-related function, the OEM shall make available to the owner and to independent repair providers, on fair and reasonable terms, any special documentation, tools, and parts needed to reset the lock or function when disabled in the course of diagnosis, maintenance, or repair of the equipment. Such documentation, tools, and parts may be made available through appropriate secure release systems.

 

This measure does not require an OEM to divulge a trade secret to an owner or an independent service provider. Does not alter the terms of any arrangement between and OEM and authorized repair provider. Does not require an OEM of a medical device to comply with any provision that is not permitted under federal law.

 

This measure excludes motor vehicle manufacturers, manufacturer of motor vehicle equipment, or motor vehicle dealers. This measure also excludes medical devices or digital electronic product or embedded software found in a medical setting including diagnostic monitoring, or control equipment or any product or service that they offer.

 

Digital electronic equipment or equipment means any product that depends for its functioning, in whole or in part, on digital electronics embedded in or attached to the product.

6/4/2019 Version

Status:
06/04/2019: Introduced; referred to Senate Rules Committee

 

 

 

Autonomous Vehicles

 

Nebraska LB 142 - Autonomous Vehicles

Sponsor: Senator Suzanne Geist (NP)

Summary for 02/26/2019 Version:
This measure outlines regulations regarding when it is acceptable to operate an automated motor vehicle.

This measure states that an automated-driving-system-equipped dual-mode or automated4 driving-system-dedicated vehicles may  operate on the public roads of this state without a conventional human driver physically present in the vehicle, as long as the vehicle meets the following conditions:

(1) The vehicle is capable of achieving a minimal risk condition if  a malfunction of the automated driving system occurs that renders the system unable to perform the entire dynamic driving task within its intended operational design domain, if any; and

(2) While in driverless operation, the vehicle is capable of operating in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state that govern the performance of the dynamic driving task, including, but not limited to, safely negotiating railroad crossings, unless an exemption has been granted by the department. The department shall consult with the railroad companies operating in this state when considering an exemption that affects vehicle operations at railroad crossings.


 

This measure provides that a driving-automation-system-equipped vehicle not in driverless operation may operate on public roads if a conventional human driver is present.


 

Before an automated-driving-system-dedicated or automated-driving-system-equipped dual-mode an automated-driving-system-equipped  vehicle may operate on the public roads of this state:

(1) the manufacturer shall provide evidence to the department of ability to respond to damages for liability in the amount of at least five million dollars, to include minimum coverage of one million dollars per vehicle per occurrence, and

(2) a person shall submit proof of financial responsibility satisfactory to the department that the automated-driving system-equipped vehicle is covered by insurance or proof of self insurance that satisfies the requirements of the Motor Vehicle Safety Responsibility Act. The operator or owner of a driving-automation-system equipped vehicle shall comply with the requirements of the Motor Vehicle Safety Responsibility Act.

1/11/2019 Version
2/26/2019 Version

Status:
05/31/2019: Carried over to 2020 Legislative Session

 

 

Oregon HB 2770 - Autonomous Vehicles

Sponsor: Representative Susan McLain (D)

Summary for 05/30/2019 Version:
This measure outlines provisions for autonomous vehicle testing.

This measure permits testing of highly automated vehicles on highways of this state under certain circumstances. It also prescribes testing permit application requirements.

This measure establishes a testing permit fee of $3,600 that is due when an automated vehicle manufacturer submits the testing permit application and when the automated vehicle manufacturer renews the testing permit. Each testing permit application or renewal is subject to one testing permit fee, regardless of the number of highly automated vehicles disclosed in the application or renewal.

The Department of Transportation may grant an automated vehicle manufacturer that is or will be testing a highly automated vehicle an exemption to any state equipment requirements. This measure directs automated vehicle manufacturers to obtain additional umbrella liability insurance policies prior to testing and requires the Department of  Transportation to adopt rules for testing of highly automated vehicles on highways of this state. 

This measure provides that a testing operator must ensure that a highly automated vehicle remains at the scene of an accident until a police officer has arrived and has received the information required.

Testing operator is defined to include both onboard operator and remote operator of highly automated vehicle. The testing operator is required to monitor operation of test vehicle at all times and be prepared to take control of test vehicle if necessary.  A person may be a testing operator only if the person:

(a) Is a natural person;

(b) Is an employee, contractor or other designee of an automated vehicle manufacturer;

(c) Has passed a criminal background check; and

(d) Meets any other requirements established by the Department of Transportation by rule

 A person may not be a testing operator if the person has been convicted of a traffic crime or violation, or entered into a diversion program for a traffic crime or violation.

 


 

1/24/2019 Version
5/30/2019 Version

Status:
06/04/2019: Passed House
 

Emissions/Climate Change

New York AB 5262 - Emissions/Climate Change

Sponsor: Assemblymember Carrie Woerner (D)

Summary for 05/30/2019 Version:
This measure establishes a low carbon fuel standard to reduce greenhouse gas emissions from transportation sector.

This measure aims to reduce carbon intensity from the on-road transportation sector by twenty percent by 2030.  The low carbon fuel standard will apply to all providers of  transportation fuels in New York, will be measured on a full fuels cycle basis and may be met through market-based methods by which providers exceeding the performance required by a low carbon fuel standard shall receive credits that may be applied to future obligations or traded to providers not meeting the low carbon fuel standard.

Carbon intensity means the quantity of lifecycle greenhouse gas emissions per unit of fuel energy.

Full fuels life-cycle means the aggregate of greenhouse gas emissions, including direct emissions and significant indirect emissions, such as significant emissions from land use changes as determined by the commissioner. The full fuels lifecycle includes all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel by the ultimate consumer. In calculating full fuels lifecycle greenhouse gas emissions, the mass values for all non-carbon-dioxide greenhouse gases must be adjusted to account for their relative global warming potentials. This conversion shall use the most appropriate conversion relative to global warming potentials as determined by the commissioner.

2/8/2019 Version
5/30/2019 Version

Status:
05/30/2019: Amended

 

 

Illinois SB 1958 - Emissions/Climate Change

Sponsor: Senator Elgie Sims (D)

Summary for 2/15/2019 Version:
This measure requires a study related to airborne emissions.

This measure requires the Illinois Power Agency to conduct a study on airborne emissions, comparing emissions reductions of coal-fired electric generating units in the state between 1990 and 2018, and forecasting additional reductions between 2019 and 2022. The  Agency must identify where and how their policies have led to airborne emission reductions and are likely to lead to additional reductions going forward and which state regulations are unnecessary because of more stringent federal regulations.  The Agency must consult with the owner of each coal-fired electric generating unit in the state when compiling this information.

2/15/2019 Version

Status:
06/02/2019: Carried over to 2020 Legislative Session
 

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