# C.R.S. § 42-4-301: 42-4-301. Legislative declarations - enactment of enhanced emissions program not waiver of > Colorado · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-301 ## Section - **Citation:** C.R.S. § 42-4-301 - **Heading:** 42-4-301. Legislative declarations - enactment of enhanced emissions program not waiver of - **Jurisdiction:** Colorado - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** CO Code / Title 42 / Article 4 / Part 3 / Section 42-4-301 ## Text 42-4-301. Legislative declarations - enactment of enhanced emissions program not waiver of state right to challenge authority to require specific loaded mode transient dynamometer technology in automobile emissions testing. (1) The general assembly hereby finds and declares that sections 42-4-301 to 42-4-316 are enacted pursuant to, and that the program created by said sections is designed to meet, the requirements of the federal "Clean Air Act", as amended by the federal "Clean Air Act Amendments of 1990", 42 U.S.C. sec. 7401 et seq., as the same is in effect on November 15, 1990. (2) (a) The general assembly further finds and declares that: (I) The provisions of sections 42-4-301 to 42-4-316 related to the enhanced emissions program are enacted to comply with administrative requirements of rules and regulations of the federal environmental protection agency; (II) Insofar as such rules and regulations require the use of loaded mode transient dynamometer technology utilizing a system commonly known as the IM 240 in motor vehicle emissions testing, the general assembly finds that reliable scientific data questions the effectiveness of such technology to measure motor vehicle emissions at the high altitude of the Denver metropolitan area; (III) Less costly automobile emission testing systems may be available which are as effective or more effective at a lower cost to consumers than the loaded mode transient dynamometer test required by the federal environmental protection agency. (b) (I) The general assembly, therefore, declares that the enactment of sections 42-4-301 to 42-4-316 in no way forecloses or limits the rights of the general assembly or any other appropriate entity of the state of Colorado to retain legal counsel as provided by law to request the federal environmental protection agency to consider alternative automobile emission inspection technology which may relieve Colorado of the requirements of the federal rules and regulations or change such rules and regulations to require a different technology in automobile emissions testing at a substantial savings in cost to consumers and jobs for Coloradans employed in the testing of motor vehicles for emissions compliance. (II) If the federal agency refuses to alter its policies related to this issue, the general assembly hereby declares that it or any other appropriate entity of the state of Colorado does not waive the right to bring appropriate legal action in a court of competent jurisdiction to determine the validity of the federal environmental protection agency's authority to require the use of the loaded mode transient dynamometer test for automobile emissions inspection commonly known as the IM 240 when such requirement may be in excess of the federal agency's authority under the federal "Clean Air Act Amendments of 1990". ## Nearby sections - [C.R.S. § 42-4-301 42-4-301. Legislative declarations - enactment of enhanced emissions program not waiver of](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-301.md) - [C.R.S. § 42-4-302 42-4-302. Commencement of basic emissions program - authority of commission](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-302.md) - [C.R.S. § 42-4-303 42-4-303. Sunrise review of registration of repair facilities](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-303.md) - [C.R.S. § 42-4-304 42-4-304. Definitions relating to motor vehicle inspection and readjustment program](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-304.md) - [C.R.S. § 42-4-305 42-4-305. Powers and duties of executive director - automobile inspection and readjustment](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-305.md) - [C.R.S. § 42-4-306 42-4-306. Powers and duties of commission - automobile inspection and readjustment program](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-306.md) - [C.R.S. § 42-4-307 42-4-307. Powers and duties of the department of public health and environment - division](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-307.md) - [C.R.S. § 42-4-307.5 42-4-307.5. Clean screen authority - enterprise - revenue bonds](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-307.5.md) - [C.R.S. § 42-4-307.7 42-4-307.7. Vehicle emissions testing - remote sensing](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-307.7.md) - [C.R.S. § 42-4-308 42-4-308. Inspection and readjustment stations - inspection-only facilities - fleet inspec](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-308.md) - [C.R.S. § 42-4-309 42-4-309. Vehicle fleet owners - motor vehicle dealers - authority to conduct inspections](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-309.md) - [C.R.S. § 42-4-310 42-4-310. Periodic emissions control inspection required](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-310.md) - [C.R.S. § 42-4-311 42-4-311. Operation of inspection and readjustment stations - inspection-only facilities -](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-311.md) - [C.R.S. § 42-4-312 42-4-312. Improper representation as emissions inspection and readjustment station - inspe](https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-312.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T42_A4_P3_S42-4-301. Check the current official text before relying on it. Not legal advice.