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First Substitute H.B. 51
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5 AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN MOTOR VEHICLE
6 EMISSIONS INSPECTION REQUIREMENTS; AND MAKING TECHNICAL CORRECTIONS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 41-6-163.6, as last amended by Chapter 238, Laws of Utah 1998
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 41-6-163.6 is amended to read:
12 41-6-163.6. Emissions inspection -- County program.
13 (1) The legislative body of each county required under federal law to utilize a motor
14 vehicle emissions inspection and maintenance program or in which [
15 inspection and maintenance program is necessary to attain or maintain any national ambient air
16 quality standard shall require:
17 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
18 exempt from emissions inspection and maintenance program requirements be presented:
19 (i) as a condition of registration or renewal of registration; and
20 (ii) at other times as the county legislative body may require to enforce inspection
21 requirements for individual motor vehicles, except that the county legislative body may not
22 routinely require a certificate of emission inspection, or waiver of such certificate, more often than
23 annually; and
24 (b) all motor vehicles owned by or being used by all departments, instrumentalities,
25 agencies, and employees of the federal government, the state and any of its agencies, and all
26 political subdivisions of the state including school districts and registered or principally operated
27 in that county comply with this section.
28 (2) The legislative body of a county identified in Subsection (1) shall make rules regarding
29 emissions standards, test procedures, inspections stations, repair requirements and dollar limits for
30 correction of deficiencies, and certificates of emissions inspections which are determined necessary
31 by the county legislative body in consultation with the Air Quality Board created in Section
32 19-1-106 to attain or maintain ambient air quality standards in the county, consistent with the state
33 implementation plan and federal requirements. The county legislative body and the board shall
34 give preference to [
35 (a) decentralized, to the extent the decentralized program will attain and maintain ambient
36 air quality standards and meet federal requirements;
37 (b) the most cost effective means to achieve and maintain the maximum benefit with
38 regard to ambient air quality standards and to meet federal air quality requirements as related to
39 motor vehicle emissions; and
40 (c) providing a reasonable phase-out period for replacement of air pollution emission
41 testing equipment made obsolete by the program, but only to the extent the phase-out may be
42 accomplished in accordance with applicable federal requirements and the phase-out does not
43 otherwise interfere with the attainment and maintenance of ambient air quality standards. The
44 rules may allow for a phase-in of the program by geographical area.
45 (3) [
46 vehicle emissions inspection and maintenance program under this section:
47 (a) an agricultural implement of husbandry [
48 (b) a motor vehicle that meets the definition of a farm truck under Section 41-1a-102 and
49 has a gross vehicle weight rating of 12,001 pounds or more [
50 (c) beginning January 1, 2003, a motor vehicle with a model year that is 30 or more years
51 old.
52 (4) (a) The legislative body of a county identified in Subsection (1) shall exempt any
53 pickup truck, as defined in Section 41-1a-102 , having a gross vehicle weight of 12,000 pounds or
54 less from the emission inspection requirements of this section if the registered owner of the pickup
55 truck signs and submits to the legislative body an affidavit stating the truck is used:
56 (i) by the owner or operator of a farm located on property that qualifies as land in
57 agricultural use under Sections 59-2-502 and 59-2-503 ; and
58 (ii) exclusively for the following purposes in operating the farm:
59 (A) for the transportation of farm products, including livestock and its products, poultry
60 and its products, floricultural and horticultural products; and
61 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
62 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production and
63 maintenance.
64 (b) The county shall provide to the registered owner who signs and submits an affidavit
65 under this section a certificate of exemption from emission inspection requirements for purposes
66 of registering the exempt motor vehicle.
67 (5) (a) Each college or university located in a county subject to this section shall require
68 its students and employees who park any motor vehicle on its campus or property that is not
69 registered in a county subject to this section to provide proof of compliance with an emissions
70 inspection accepted by the county legislative body.
71 (b) College or university parking areas that are metered or for which payment is required
72 per use are not subject to the requirements of this Subsection (5).
73 (6) (a) An emissions inspection station shall issue a certificate of emissions inspection for
74 each motor vehicle that meets the inspection and maintenance program requirements established
75 in rules made under Subsection (2).
76 (b) The emissions inspection shall be required at least annually, but the county may require
77 the inspection at least biennially for motor vehicles that are five or fewer years old on January 1.
78 (c) If the county chooses to require biennial inspections for a motor vehicle under
79 Subsection (b), the inspection shall be required for the motor vehicle in:
80 (i) odd-numbered years for motor vehicles with odd-numbered model years; or
81 (ii) in even-numbered years for motor vehicles with even-numbered model years.
82 (d) A motor vehicle's age is determined by the model year of the motor vehicle.
83 (7) The emissions inspection shall be required within the same time limit applicable to a
84 safety inspection under Section 41-1a-205 .
85 (8) (a) Counties identified in Subsection (1) shall collect information about and monitor
86 the program.
87 (b) The counties shall supply this information to an appropriate legislative committee, as
88 designated by the Legislative Management Committee, at times determined by that designated
89 committee to identify program needs, including funding needs.
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