DE HB323

Establishes procedure for vehicles that fail On-Board Diagnostic (OBD) emission tests, requiring immediate retest at Division of Motor Vehicles inspection facility with failure after retest resulting in failed emissions inspection.

Allows vehicle owners to have a DNREC-certified emissions repair technician examine the vehicle and issue written documentation qualifying the vehicle for a waiver if emissions will not exceed manufacturer thresholds.

Permits DNREC-certified technicians to issue documentation requiring the DMV to conduct alternative tests (curb idle test, two-speed idle test, or evaporative system integrity test) instead of OBD testing if the vehicle may exceed manufacturer thresholds.

Defines key terms including "Malfunction Indicator Lamp" (check engine light), "On-board diagnostics," "On-board diagnostics trouble codes," and "DNREC certified emission repair technician" requiring ASE L1 Advanced Engine Performance Specialist certification.

Exempts vehicles with OBD systems not in readiness state for testing from this procedure and authorizes DMV and DNREC to issue regulations on emissions inspection failure criteria and repair cost thresholds, provided they do not exceed federal regulations or manufacturer specifications.