1     
EMISSIONS TESTING AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Patrice M. Arent

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends requirements for emissions testing of motor vehicles.
10     Highlighted Provisions:
11          This bill:
12          ▸     restricts the authority of a county to exempt a motor vehicle from an emissions test;
13          ▸     amends exemptions to emissions testing; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          41-1a-226, as last amended by Laws of Utah 2015, Chapter 400
22          41-6a-1642, as last amended by Laws of Utah 2015, Chapter 258
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 41-1a-226 is amended to read:
26          41-1a-226. Vintage vehicle -- Signed statement -- Registration.
27          (1) The owner of a vintage vehicle who applies for registration under this part shall
28     provide a signed statement that the vintage vehicle:
29          (a) is owned and operated for the purposes described in Section 41-21-1; and
30          (b) is safe to operate on the highways of this state as described in Section 41-21-4.
31          (2) The signed statement described in Subsection (1) is in lieu of:
32          (a) a safety inspection, from which a vintage vehicle is exempt under Subsection
33     41-1a-205(3); and
34          (b) an emissions inspection, from which a vintage vehicle is exempt under Subsection
35     41-6a-1642[(3)](4).
36          Section 2. Section 41-6a-1642 is amended to read:
37          41-6a-1642. Emissions inspection -- County program.
38          (1) The legislative body of each county required under federal law to utilize a motor
39     vehicle emissions inspection and maintenance program or in which an emissions inspection
40     and maintenance program is necessary to attain or maintain any national ambient air quality
41     standard shall require:
42          (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
43     is exempt from emissions inspection and maintenance program requirements be presented:
44          (i) as a condition of registration or renewal of registration; and
45          (ii) at other times as the county legislative body may require to enforce inspection
46     requirements for individual motor vehicles, except that the county legislative body may not
47     routinely require a certificate of [emission] emissions inspection, or waiver of the certificate,
48     more often than required under Subsection [(6)] (8); and
49          (b) compliance with this section for a motor vehicle registered or principally operated
50     in the county and owned by or being used by a department, division, instrumentality, agency, or
51     employee of:
52          (i) the federal government;
53          (ii) the state and any of its agencies; or
54          (iii) a political subdivision of the state, including school districts.
55          (2) (a) The legislative body of a county identified in Subsection (1), in consultation
56     with the Air Quality Board created under Section 19-1-106, shall make regulations or
57     ordinances regarding:
58          (i) emissions standards;
59          (ii) test procedures;
60          (iii) inspections stations;
61          (iv) repair requirements and dollar limits for correction of deficiencies; and
62          (v) certificates of emissions inspections.
63          [(b) The regulations or ordinances shall:]
64          (b) In accordance with Subsection (2)(a), a county legislative body:
65          (i) [be made] shall make regulations or ordinances to attain or maintain ambient air
66     quality standards in the county, consistent with the state implementation plan and federal
67     requirements;
68          (ii) may allow for a phase-in of the program by geographical area; and
69          (iii) [be compliant] shall comply with the analyzer design and certification
70     requirements contained in the state implementation plan prepared under Title 19, Chapter 2,
71     Air Conservation Act.
72          (c) The county legislative body and the Air Quality Board shall give preference to an
73     inspection and maintenance program that [is]:
74          (i) is decentralized, to the extent the decentralized program will attain and maintain
75     ambient air quality standards and meet federal requirements;
76          (ii) is the most cost effective means to achieve and maintain the maximum benefit with
77     regard to ambient air quality standards and to meet federal air quality requirements as related to
78     vehicle emissions; and
79          (iii) [providing] provides a reasonable phase-out period for replacement of air pollution
80     emission testing equipment made obsolete by the program.
81          (d) The provisions of Subsection (2)(c)(iii) apply only to the extent the phase-out:
82          (i) may be accomplished in accordance with applicable federal requirements; and
83          (ii) does not otherwise interfere with the attainment and maintenance of ambient air
84     quality standards.
85          (3) Except for the statewide exemptions provided in Subsection (4), a legislative body
86     of a county described in Subsection (1) may not exempt a motor vehicle from an emissions
87     inspection program.
88          [(3)] (4) The following vehicles are exempt from an emissions inspection program and
89     the provisions of this section:
90          (a) an implement of husbandry as defined in Section 41-1a-102;
91          (b) a motor vehicle that:
92          (i) meets the definition of a farm truck under Section 41-1a-102; and
93          (ii) has a gross vehicle weight rating of 12,001 pounds or more;
94          (c) a vintage vehicle as defined in Section 41-21-1;
95          (d) a custom vehicle as defined in Section 41-6a-1507; [and]
96          (e) to the extent allowed under the current federally approved state implementation
97     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
98     vehicle that is less than two years old on January 1 based on the age of the vehicle as
99     determined by the model year identified by the manufacturer[.]; and
100          [(4) (a) The legislative body of a county identified in Subsection (1) shall exempt]
101          (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight of
102     12,000 pounds or less [from the emission inspection requirements of this section], if the
103     registered owner of the pickup truck provides a signed statement to the legislative body stating
104     the truck is used:
105          (i) by the owner or operator of a farm located on property that qualifies as land in
106     agricultural use under Sections 59-2-502 and 59-2-503; and
107          (ii) exclusively for the following purposes in operating the farm:
108          (A) for the transportation of farm products, including livestock and its products,
109     poultry and its products, floricultural and horticultural products; and
110          (B) in the transportation of farm supplies, including tile, fence, and every other thing or
111     commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
112     and maintenance.
113          [(b)] (5) The county shall [provide] issue to the registered owner who signs and
114     submits a signed statement under [this section] Subsection (4)(f) a certificate of exemption
115     from emission inspection requirements for purposes of registering the exempt vehicle.
116          (6) A legislative body of a county described in Subsection (1) shall require:
117          (a) a visual inspection of emissions equipment for a diesel-powered motor vehicle with
118     a gross vehicle weight rating of 14,000 pounds or less that was manufactured after 1997; and
119          (b) a computerized emissions inspection for a diesel-powered motor vehicle
120     manufactured after 2007.
121          [(5)] (7) (a) Subject to Subsection [(5)] (7)(c), the legislative body of each county
122     required under federal law to utilize a motor vehicle emissions inspection and maintenance
123     program or in which an emissions inspection and maintenance program is necessary to attain or
124     maintain any national ambient air quality standard may require each college or university
125     located in a county subject to this section to require its students and employees who park a
126     motor vehicle not registered in a county subject to this section to provide proof of compliance
127     with an emissions inspection accepted by the county legislative body if the motor vehicle is
128     parked on the college or university campus or property.
129          (b) College or university parking areas that are metered or for which payment is
130     required per use are not subject to the requirements of this Subsection [(5)] (7).
131          (c) The legislative body of a county shall make the reasons for implementing the
132     provisions of this Subsection [(5)] (7) part of the record at the time that the county legislative
133     body takes its official action to implement the provisions of this Subsection [(5)] (7).
134          [(6)] (8) (a) An emissions inspection station shall issue a certificate of emissions
135     inspection for each motor vehicle that meets the inspection and maintenance program
136     requirements established in rules made under Subsection (2).
137          (b) The frequency of the emissions inspection [shall be] is determined based on the age
138     of the vehicle as determined by model year and shall be required annually subject to the
139     provisions of Subsection [(6)] (8)(c).
140          (c) (i) To the extent allowed under the current federally approved state implementation
141     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
142     body of a county identified in Subsection (1) shall only require the emissions inspection every
143     two years for each vehicle.
144          (ii) The provisions of Subsection [(6)] (8)(c)(i) apply only to a vehicle that is less than
145     six years old on January 1.
146          (iii) For a county required to implement a new vehicle emissions inspection and
147     maintenance program on or after December 1, 2012, under Subsection (1), but for which no
148     current federally approved state implementation plan exists, a vehicle shall be tested at a
149     frequency determined by the county legislative body, in consultation with the Air Quality
150     Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
151     maintain any national ambient air quality standard.
152          (iv) If a county legislative body establishes or changes the frequency of a vehicle
153     emissions inspection and maintenance program under Subsection [(6)] (8)(c)(iii), the
154     establishment or change shall take effect on January 1 if the State Tax Commission receives
155     notice meeting the requirements of Subsection [(6)] (8)(c)(v) from the county prior to October
156     1.
157          (v) The notice described in Subsection [(6)] (8)(c)(iv) shall:
158          (A) state that the county will establish or change the frequency of the vehicle emissions
159     inspection and maintenance program under this section;
160          (B) include a copy of the ordinance establishing or changing the frequency; and
161          (C) if the county establishes or changes the frequency under this section, state how
162     frequently the emissions testing will be required.
163          (d) If an emissions inspection is only required every two years for a vehicle under
164     Subsection [(6)] (8)(c), the inspection shall be required for the vehicle in:
165          (i) odd-numbered years for vehicles with odd-numbered model years; or
166          (ii) in even-numbered years for vehicles with even-numbered model years.
167          [(7)] (9) The emissions inspection shall be required within the same time limit
168     applicable to a safety inspection under Section 41-1a-205.
169          [(8)] (10) (a) A county identified in Subsection (1) shall collect information about and
170     monitor the program.
171          (b) A county identified in Subsection (1) shall supply this information to an appropriate
172     legislative committee, as designated by the Legislative Management Committee, at times
173     determined by the designated committee to identify program needs, including funding needs.
174          [(9)] (11) If approved by the county legislative body, a county that had an established
175     emissions inspection fee as of January 1, 2002, may increase the established fee that an
176     emissions inspection station may charge by $2.50 for each year that is exempted from
177     emissions inspections under Subsection [(6)] (8)(c) up to a $7.50 increase.
178          [(10)] (12) (a) A county identified in Subsection (1) may impose a local emissions
179     compliance fee on each motor vehicle registration within the county in accordance with the
180     procedures and requirements of Section 41-1a-1223.
181          (b) A county that imposes a local emissions compliance fee shall use revenues
182     generated from the fee for the establishment and enforcement of an emissions inspection and
183     maintenance program in accordance with the requirements of this section.




Legislative Review Note
Office of Legislative Research and General Counsel