H.B. 196

1

SAFETY INSPECTION AND EMISSION
2 AMENDMENTS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Wayne A. Harper
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code to amend vehicle emissions inspection
10 provisions.
11 Highlighted Provisions:
12 This bill:
13 . establishes a $25 maximum vehicle emissions inspection fee; and
14 . repeals provisions allowing a county legislative body to increase the vehicle
15 emissions inspection fee incrementally.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 41-6-163.6, as last amended by Chapter 143, Laws of Utah 2002
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 41-6-163.6 is amended to read:
26 41-6-163.6. Emissions inspection -- County program -- Fees.
27 (1) The legislative body of each county required under federal law to utilize a motor

28 vehicle emissions inspection and maintenance program or in which an emissions inspection
29 and maintenance program is necessary to attain or maintain any national ambient air quality
30 standard shall require:
31 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
32 is exempt from emissions inspection and maintenance program requirements be presented:
33 (i) as a condition of registration or renewal of registration; and
34 (ii) at other times as the county legislative body may require to enforce inspection
35 requirements for individual motor vehicles, except that the county legislative body may not
36 routinely require a certificate of emission inspection, or waiver of such certificate, more often
37 than required under Subsection (6) ; and
38 (b) all motor vehicles owned by or being used by all departments, instrumentalities,
39 agencies, and employees of the federal government, the state and any of its agencies, and all
40 political subdivisions of the state including school districts and registered or principally
41 operated in that county comply with this section.
42 (2) (a) The legislative body of a county identified in Subsection (1) shall make rules
43 regarding emissions standards, test procedures, inspections stations, repair requirements and
44 dollar limits for correction of deficiencies, and certificates of emissions inspections which are
45 determined necessary by the county legislative body in consultation with the Air Quality Board
46 created in Section 19-1-106 to attain or maintain ambient air quality standards in the county,
47 consistent with the state implementation plan and federal requirements.
48 (b) The county legislative body and the board shall give preference to an inspection and
49 maintenance program that is:
50 [(a)] (i) decentralized, to the extent the decentralized program will attain and maintain
51 ambient air quality standards and meet federal requirements;
52 [(b)] (ii) the most cost effective means to achieve and maintain the maximum benefit
53 with regard to ambient air quality standards and to meet federal air quality requirements as
54 related to vehicle emissions; and
55 [(c)] (iii) providing a reasonable phase-out period for replacement of air pollution
56 emission testing equipment made obsolete by the program, but only to the extent the phase-out
57 may be accomplished in accordance with applicable federal requirements and the phase-out
58 does not otherwise interfere with the attainment and maintenance of ambient air quality

59 standards.
60 (c) The rules may allow for a phase-in of the program by geographical area.
61 (3) Agricultural implements of husbandry and any motor vehicle that meets the
62 definition of a farm truck under Section 41-1a-102 and has a gross vehicle weight rating of
63 12,001 pounds or more are exempt from this section.
64 (4) (a) The legislative body of a county identified in Subsection (1) shall exempt any
65 pickup truck, as defined in Section 41-1a-102 , having a gross vehicle weight of 12,000 pounds
66 or less from the emission inspection requirements of this section if the registered owner of the
67 pickup truck provides a signed statement to the legislative body stating the truck is used:
68 (i) by the owner or operator of a farm located on property that qualifies as land in
69 agricultural use under Sections 59-2-502 and 59-2-503 ; and
70 (ii) exclusively for the following purposes in operating the farm:
71 (A) for the transportation of farm products, including livestock and its products,
72 poultry and its products, floricultural and horticultural products; and
73 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
74 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
75 and maintenance.
76 (b) The county shall provide to the registered owner who signs and submits a signed
77 statement under this section a certificate of exemption from emission inspection requirements
78 for purposes of registering the exempt vehicle.
79 (5) (a) Each college or university located in a county subject to this section shall
80 require its students and employees who park any motor vehicle on its campus or property that
81 is not registered in a county subject to this section to provide proof of compliance with an
82 emissions inspection accepted by the county legislative body.
83 (b) College or university parking areas that are metered or for which payment is
84 required per use are not subject to the requirements of this Subsection (5).
85 (6) (a) An emissions inspection station shall issue a certificate of emissions inspection
86 for each motor vehicle that meets the inspection and maintenance program requirements
87 established in rules made under Subsection (2).
88 (b) The frequency of the emissions inspection shall be determined based on the age of
89 the vehicle as determined by model year and shall be required annually subject to the

90 provisions of Subsection (6)(c).
91 (c) (i) To the extent allowed under the current federally approved state implementation
92 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
93 body of a county identified in Subsection (1) shall only require the emissions inspection every
94 two years for each vehicle.
95 (ii) The provisions of Subsection (6)(c)(i) apply only to a vehicle that is less than six
96 years old on January 1.
97 (d) If an emissions inspection is only required every two years for a vehicle under
98 Subsection (6) (c), the inspection shall be required for the vehicle in:
99 (i) odd-numbered years for vehicles with odd-numbered model years; or
100 (ii) in even-numbered years for vehicles with even-numbered model years.
101 (7) The emissions inspection [shall be required] is valid within the same time limit
102 applicable to a safety inspection under Section 41-1a-205 .
103 (8) (a) Counties identified in Subsection (1) shall collect information about and
104 monitor the program.
105 (b) The counties shall supply this information to an appropriate legislative committee,
106 as designated by the Legislative Management Committee, at times determined by that
107 designated committee to identify program needs, including funding needs.
108 [(9) If approved by the county legislative body, a county that had an established
109 emissions inspection fee as of January 1, 2002, may increase the established fee that an
110 emissions inspection station may charge by $2.50 for each year that is exempted from
111 emissions inspections under Subsection (6)(c) up to a $7.50 increase.]
112 (9) An emissions inspection station, authorized by a county legislative body under
113 Subsection (2), may not charge a fee of more than $25 for each vehicle emissions inspection.




Legislative Review Note
as of 10-7-03 3:23 PM

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

Office of Legislative Research and General Counsel