Second Substitute H.B. 93

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 25, 2005 at 4:21 PM by rday. -->

Senator Allen M. Christensen proposes the following substitute bill:

1 EMISSION INSPECTION AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Kerry W. Gibson
5
6 LONG TITLE
7 General Description:
8 This bill modifies the Motor Vehicles Code by amending certain vehicle emissions
9 inspection requirements.
10 Highlighted Provisions:
11 This bill:
12 . S. [ repeals the requirement that ] allows a county legislative body to require .S
12a college students and employees who park on a college
13 or university campus a motor vehicle that is not registered in a county subject to
14 emissions inspections S. [ are required ] .S to provide proof of compliance with an
15 emissions inspection; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-1642, as renumbered and amended by Chapter 2, Laws of Utah 2005
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 41-6a-1642 is amended to read:
27 41-6a-1642. Emissions inspection -- County program.
28 (1) The legislative body of each county required under federal law to utilize a motor
29 vehicle emissions inspection and maintenance program or in which an emissions inspection
30 and maintenance program is necessary to attain or maintain any national ambient air quality
31 standard shall require:
32 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
33 is exempt from emissions inspection and maintenance program requirements be presented:
34 (i) as a condition of registration or renewal of registration; and
35 (ii) at other times as the county legislative body may require to enforce inspection
36 requirements for individual motor vehicles, except that the county legislative body may not
37 routinely require a certificate of emission inspection, or waiver of the certificate, more often
38 than required under Subsection [(6)] S. [ (5) ] (6) .S ; and
39 (b) compliance with this section for a motor vehicle registered or principally operated
40 in the county and owned by or being used by a department, division, instrumentality, agency, or
41 employee of:
42 (i) the federal government;
43 (ii) the state and any of its agencies; or
44 (iii) a political subdivision of the state, including school districts.
45 (2) (a) The legislative body of a county identified in Subsection (1), in consultation
46 with the Air Quality Board created under Section 19-1-106 , shall make regulations or
47 ordinances regarding:
48 (i) emissions standards;
49 (ii) test procedures;
50 (iii) inspections stations;
51 (iv) repair requirements and dollar limits for correction of deficiencies; and
52 (v) certificates of emissions inspections.
53 (b) The regulations or ordinances shall:
54 (i) be made to attain or maintain ambient air quality standards in the county, consistent
55 with the state implementation plan and federal requirements; and
56 (ii) may allow for a phase-in of the program by geographical area.

57 (c) The county legislative body and the Air Quality Board shall give preference to an
58 inspection and maintenance program that is:
59 (i) decentralized, to the extent the decentralized program will attain and maintain
60 ambient air quality standards and meet federal requirements;
61 (ii) the most cost effective means to achieve and maintain the maximum benefit with
62 regard to ambient air quality standards and to meet federal air quality requirements as related to
63 vehicle emissions; and
64 (iii) providing a reasonable phase-out period for replacement of air pollution emission
65 testing equipment made obsolete by the program.
66 (d) The provisions of Subsection (2)(c)(iii) apply only to the extent the phase-out:
67 (i) may be accomplished in accordance with applicable federal requirements; and
68 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
69 quality standards.
70 (3) The following vehicles are exempt from the provisions of this section:
71 (a) an implement of husbandry; and
72 (b) a motor vehicle that:
73 (i) meets the definition of a farm truck under Section 41-1a-102 ; and
74 (ii) has a gross vehicle weight rating of 12,001 pounds or more.
75 (4) (a) The legislative body of a county identified in Subsection (1) shall exempt a
76 pickup truck, as defined in Section 41-1a-102 , with a gross vehicle weight of 12,000 pounds or
77 less from the emission inspection requirements of this section, if the registered owner of the
78 pickup truck provides a signed statement to the legislative body stating the truck is used:
79 (i) by the owner or operator of a farm located on property that qualifies as land in
80 agricultural use under Sections 59-2-502 and 59-2-503 ; and
81 (ii) exclusively for the following purposes in operating the farm:
82 (A) for the transportation of farm products, including livestock and its products,
83 poultry and its products, floricultural and horticultural products; and
84 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
85 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
86 and maintenance.
87 (b) The county shall provide to the registered owner who signs and submits a signed

88 statement under this section a certificate of exemption from emission inspection requirements
89 for purposes of registering the exempt vehicle.
90 S. [ [ ] (5) (a) [] Each] Subject to Subsection (5)(c), the legislative body of each county
90a required under federal law to utilize a motor vehicle emissions inspection and maintenance
90b program or in which an emissions inspection and maintenance program is necessary to attain
90c or maintain any national ambient air quality standard may require each college or university
90d located in a county subject to this section [shall] to
91 require its students and employees who park a motor vehicle not registered in a county subject
92 to this section to provide proof of compliance with an emissions inspection accepted by the
93 county legislative body if the motor vehicle is parked on the college or university campus or
94 property. [ ]
95 [ ] (b) College or university parking areas that are metered or for which payment is
96 required per use are not subject to the requirements of this Subsection (5). [ ] ]
96a (c) The legislative body of county shall make the reasons for implementing the
96b provisions of this Subsection (5) part of the record at the time that the county legislative body
96c takes its official action to implement the provisions of this Subsection (5). .S
97 [(6)] S. [ (5) ] (6) .S (a) An emissions inspection station shall issue a certificate of
97a emissions
98 inspection for each motor vehicle that meets the inspection and maintenance program
99 requirements established in rules made under Subsection (2).
100 (b) The frequency of the emissions inspection shall be determined based on the age of
101 the vehicle as determined by model year and shall be required annually subject to the
102 provisions of Subsection [(6)] S. [ (5) ] (6) .S (c).
103 (c) (i) To the extent allowed under the current federally approved state implementation
104 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
105 body of a county identified in Subsection (1) shall only require the emissions inspection every
106 two years for each vehicle.
107 (ii) The provisions of Subsection [(6)] S. [ (5) ] (6) .S (c)(i) apply only to a vehicle that is
107a less than
108 six years old on January 1.
109 (d) If an emissions inspection is only required every two years for a vehicle under
110 Subsection [(6)] S. [ (5) ] (6) .S (c), the inspection shall be required for the vehicle in:
111 (i) odd-numbered years for vehicles with odd-numbered model years; or
112 (ii) in even-numbered years for vehicles with even-numbered model years.

113 [(7)] S. [ (6) ] (7) .S The emissions inspection shall be required within the same time limit
114 applicable to a safety inspection under Section 41-1a-205 .
115 [(8)] S. [ (7) ] (8) .S (a) A county identified in Subsection (1) shall collect information about and
116 monitor the program.
117 (b) A county identified in Subsection (1) shall supply this information to an appropriate
118 legislative committee, as designated by the Legislative Management Committee, at times

119 determined by the designated committee to identify program needs, including funding needs.
120 [(9)] S. [ (8) ] (9) .S If approved by the county legislative body, a county that had an established
121 emissions inspection fee as of January 1, 2002, may increase the established fee that an
122 emissions inspection station may charge by $2.50 for each year that is exempted from
123 emissions inspections under Subsection [(6)] S. [ (5) ] (6) .S (c) up to a $7.50 increase.