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H.B. 51





Sponsor: Neal B. Hendrickson

             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 [an] a motor vehicle emissions
             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 [an] a motor vehicle emissions inspection and maintenance program that is:
             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) [Agricultural implements] The following motor vehicles are exempt from a motor
             46      vehicle emissions inspection and maintenance program under this section:
             47          (a) an agricultural implement of husbandry [and any];
             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 [are exempt from this section.]; and
             50          (c) a motor vehicle with a model year prior to 1974.
             51          (4) (a) The legislative body of a county identified in Subsection (1) shall exempt any
             52      pickup truck, as defined in Section 41-1a-102 , having a gross vehicle weight of 12,000 pounds or
             53      less from the emission inspection requirements of this section if the registered owner of the pickup
             54      truck signs and submits to the legislative body an affidavit stating the truck is used:
             55          (i) by the owner or operator of a farm located on property that qualifies as land in
             56      agricultural use under Sections 59-2-502 and 59-2-503 ; and
             57          (ii) exclusively for the following purposes in operating the farm:
             58          (A) for the transportation of farm products, including livestock and its products, poultry

             59      and its products, floricultural and horticultural products; and
             60          (B) in the transportation of farm supplies, including tile, fence, and every other thing or
             61      commodity used in agricultural, floricultural, horticultural, livestock, and poultry production and
             62      maintenance.
             63          (b) The county shall provide to the registered owner who signs and submits an affidavit
             64      under this section a certificate of exemption from emission inspection requirements for purposes
             65      of registering the exempt motor vehicle.
             66          (5) (a) Each college or university located in a county subject to this section shall require
             67      its students and employees who park any motor vehicle on its campus or property that is not
             68      registered in a county subject to this section to provide proof of compliance with an emissions
             69      inspection accepted by the county legislative body.
             70          (b) College or university parking areas that are metered or for which payment is required
             71      per use are not subject to the requirements of this Subsection (5).
             72          (6) (a) An emissions inspection station shall issue a certificate of emissions inspection for
             73      each motor vehicle that meets the inspection and maintenance program requirements established
             74      in rules made under Subsection (2).
             75          (b) The emissions inspection shall be required at least annually, but the county may require
             76      the inspection at least biennially for motor vehicles that are five or fewer years old on January 1.
             77          (c) If the county chooses to require biennial inspections for a motor vehicle under
             78      Subsection (b), the inspection shall be required for the motor vehicle in:
             79          (i) odd-numbered years for motor vehicles with odd-numbered model years; or
             80          (ii) in even-numbered years for motor vehicles with even-numbered model years.
             81          (d) A motor vehicle's age is determined by the model year of the motor vehicle.
             82          (7) The emissions inspection shall be required within the same time limit applicable to a
             83      safety inspection under Section 41-1a-205 .
             84          (8) (a) Counties identified in Subsection (1) shall collect information about and monitor
             85      the program.
             86          (b) The counties shall supply this information to an appropriate legislative committee, as
             87      designated by the Legislative Management Committee, at times determined by that designated
             88      committee to identify program needs, including funding needs.

Legislative Review Note
    as of 12-22-98 9:57 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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