Second Substitute S.B. 21

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EMISSIONS INSPECTION ON NEWER VEHICLES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Robert M. Muhlestein
5 AN ACT RELATING TO ENVIRONMENT AND TRANSPORTATION; REDUCING THE
6 REQUIRED FREQUENCY OF EMISSIONS INSPECTIONS FOR SPECIFIED VEHICLES;
7 AND PROVIDING AN EFFECTIVE DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 41-6-163.6, as last amended by Chapter 261, Laws of Utah 1994
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 41-6-163.6 is amended to read:
13 41-6-163.6. Emissions inspection -- County program.
14 (1) The legislative body of each county required under federal law to utilize a motor
15 vehicle emissions inspection and maintenance program or in which an emissions inspection and
16 maintenance program is necessary to attain or maintain any national ambient air quality standard
17 shall require:
18 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
19 exempt from emissions inspection and maintenance program requirements be presented:
20 (i) as a condition of registration or renewal of registration; and
21 (ii) at other times as the county legislative body may require to enforce inspection
22 requirements for individual motor vehicles, except that the county legislative body may not
23 routinely require a certificate of emission inspection, or waiver of such certificate, more often than
24 annually; and
25 (b) all motor vehicles owned by or being used by all departments, instrumentalities,
26 agencies, and employees of the federal government, the state and any of its agencies, and all
27 political subdivisions of the state including school districts and registered or principally operated

1 in that county comply with this section.
2 (2) The legislative body of a county identified in Subsection (1) shall make rules regarding
3 emissions standards, test procedures, inspections stations, repair requirements and dollar limits for
4 correction of deficiencies, and certificates of emissions inspections which are determined
5 necessary by the county legislative body in consultation with the Air Quality Board created in
6 Section 19-1-106 to attain or maintain ambient air quality standards in the county, consistent with
7 the state implementation plan and federal requirements. The county legislative body and the board
8 shall give preference to an inspection and maintenance program that is:
9 (a) decentralized, to the extent the decentralized program will attain and maintain ambient
10 air quality standards and meet federal requirements;
11 (b) the most cost effective means to achieve and maintain the maximum benefit with
12 regard to ambient air quality standards and to meet federal air quality requirements as related to
13 vehicle emissions; and
14 (c) providing a reasonable phase-out period for replacement of air pollution emission
15 testing equipment made obsolete by the program, but only to the extent the phase-out may be
16 accomplished in accordance with applicable federal requirements and the phase-out does not
17 otherwise interfere with the attainment and maintenance of ambient air quality standards. The rules
18 may allow for a phase-in of the program by geographical area.
19 (3) Agricultural implements of husbandry and any motor vehicle that meets the definition
20 of a farm truck under Section 41-1a-102 and has a gross vehicle weight rating of 12,001 pounds
21 or more are exempt from this section.
22 (4) (a) The legislative body of a county identified in Subsection (1) shall exempt any
23 pickup truck, as defined in Section 41-1a-102, having a gross vehicle weight of 12,000 pounds or
24 less from the emission inspection requirements of this section if the registered owner of the pickup
25 truck signs and submits to the legislative body an affidavit stating the truck is used:
26 (i) by the owner or operator of a farm located on property that qualifies as land in
27 agricultural use under Sections 59-2-502 and 59-2-503; and
28 (ii) exclusively for the following purposes in operating the farm:
29 (A) for the transportation of farm products, including livestock and its products, poultry
30 and its products, floricultural and horticultural products; and
31 (B) in the transportation of farm supplies, including tile, fence, and every other thing or

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1 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production and
2 maintenance.
3 (b) The county shall provide to the registered owner who signs and submits an affidavit
4 under this section a certificate of exemption from emission inspection requirements for purposes
5 of registering the exempt vehicle.
6 (5) (a) Each college or university located in a county subject to this section shall require
7 its students and employees who park any motor vehicle on its campus or property that is not
8 registered in a county subject to this section to provide proof of compliance with an emissions
9 inspection accepted by the county legislative body.
10 (b) College or university parking areas that are metered or for which payment is required
11 per use are not subject to the requirements of this subsection.
12 (6) (a) An emissions inspection station shall issue a certificate of emissions inspection for
13 each motor vehicle that meets the inspection and maintenance program requirements established
14 in rules made under Subsection (2).
15 (b) The emissions inspection shall be required at least S [ [ ] annually [ ] ] s [and, if]
Text Box

Amend on 2_goldenrod February 3, 1997 15a S [biennially] s , but the
16 county may require the inspection at least S [annually] BIENNIALLY s for vehicles that are five or
16a S [more] FEWER s years old on
17 January 1.
18 (c) If the county chooses to require biennial inspections for a vehicle under Subsection (b),
19 the inspection shall be required for the vehicle in:
20 (i) odd-numbered years for vehicles with odd-numbered model years; or
21 (ii) in even-numbered years for vehicles with even-numbered model years.
22 (d) A vehicle's age is determined by the model year of the vehicle.
23 (7) If Section 53-8-205 regarding safety inspections is in effect, [an annual] the emissions
24 inspection shall be required, in the years it is required under Subsection (6), within the same time
25 limit applicable to a safety inspection under Section 53-8-205.
26 [(7)] (8) (a) Counties identified in Subsection (1) shall collect information about and
27 monitor the program.
28 (b) The counties shall supply this information to an appropriate legislative committee, as
29 designated by the Legislative Management Committee, at times determined by that designated
30 committee to identify program needs, including funding needs.
31 Section 3. Effective date.

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1 This act takes effect on January 1, 1998.

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