H.B. 93 Enrolled

EMISSION INSPECTION AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kerry W. Gibson
Senate Sponsor: Allen M. Christensen
Bradley M. DawJohn G. Mathis
LONG TITLE
General Description:
This bill modifies the Motor Vehicles Code by amending certain vehicle emissions
inspection requirements.
Highlighted Provisions:
This bill:
. allows a county legislative body to require college students and employees who park
on a college or university campus a motor vehicle that is not registered in a county
subject to emissions inspections to provide proof of compliance with an emissions
inspection; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-1642, as renumbered and amended by Chapter 2, Laws of Utah 2005

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6a-1642 is amended to read:
41-6a-1642. Emissions inspection -- County program.

(1) The legislative body of each county required under federal law to utilize a motor
vehicle emissions inspection and maintenance program or in which an emissions inspection and
maintenance program is necessary to attain or maintain any national ambient air quality standard
shall require:
(a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
exempt from emissions inspection and maintenance program requirements be presented:
(i) as a condition of registration or renewal of registration; and
(ii) at other times as the county legislative body may require to enforce inspection
requirements for individual motor vehicles, except that the county legislative body may not
routinely require a certificate of emission inspection, or waiver of the certificate, more often than
required under Subsection (6) ; and
(b) compliance with this section for a motor vehicle registered or principally operated in
the county and owned by or being used by a department, division, instrumentality, agency, or
employee of:
(i) the federal government;
(ii) the state and any of its agencies; or
(iii) a political subdivision of the state, including school districts.
(2) (a) The legislative body of a county identified in Subsection (1), in consultation with
the Air Quality Board created under Section 19-1-106 , shall make regulations or ordinances
regarding:
(i) emissions standards;
(ii) test procedures;
(iii) inspections stations;
(iv) repair requirements and dollar limits for correction of deficiencies; and
(v) certificates of emissions inspections.
(b) The regulations or ordinances shall:
(i) be made to attain or maintain ambient air quality standards in the county, consistent
with the state implementation plan and federal requirements; and

(ii) may allow for a phase-in of the program by geographical area.
(c) The county legislative body and the Air Quality Board shall give preference to an
inspection and maintenance program that is:
(i) decentralized, to the extent the decentralized program will attain and maintain
ambient air quality standards and meet federal requirements;
(ii) the most cost effective means to achieve and maintain the maximum benefit with
regard to ambient air quality standards and to meet federal air quality requirements as related to
vehicle emissions; and
(iii) providing a reasonable phase-out period for replacement of air pollution emission
testing equipment made obsolete by the program.
(d) The provisions of Subsection (2)(c)(iii) apply only to the extent the phase-out:
(i) may be accomplished in accordance with applicable federal requirements; and
(ii) does not otherwise interfere with the attainment and maintenance of ambient air
quality standards.
(3) The following vehicles are exempt from the provisions of this section:
(a) an implement of husbandry; and
(b) a motor vehicle that:
(i) meets the definition of a farm truck under Section 41-1a-102 ; and
(ii) has a gross vehicle weight rating of 12,001 pounds or more.
(4) (a) The legislative body of a county identified in Subsection (1) shall exempt a pickup
truck, as defined in Section 41-1a-102 , with a gross vehicle weight of 12,000 pounds or less from
the emission inspection requirements of this section, if the registered owner of the pickup truck
provides a signed statement to the legislative body stating the truck is used:
(i) by the owner or operator of a farm located on property that qualifies as land in
agricultural use under Sections 59-2-502 and 59-2-503 ; and
(ii) exclusively for the following purposes in operating the farm:
(A) for the transportation of farm products, including livestock and its products, poultry
and its products, floricultural and horticultural products; and

(B) in the transportation of farm supplies, including tile, fence, and every other thing or
commodity used in agricultural, floricultural, horticultural, livestock, and poultry production and
maintenance.
(b) The county shall provide to the registered owner who signs and submits a signed
statement under this section a certificate of exemption from emission inspection requirements for
purposes of registering the exempt vehicle.
(5) (a) [Each] Subject to Subsection (5)(c), the legislative body of each county required
under federal law to utilize a motor vehicle emissions inspection and maintenance program or in
which an emissions inspection and maintenance program is necessary to attain or maintain any
national ambient air quality standard may require each college or university located in a county
subject to this section [shall] to require its students and employees who park a motor vehicle not
registered in a county subject to this section to provide proof of compliance with an emissions
inspection accepted by the county legislative body if the motor vehicle is parked on the college or
university campus or property.
(b) College or university parking areas that are metered or for which payment is required
per use are not subject to the requirements of this Subsection (5).
(c) The legislative body of a county shall make the reasons for implementing the
provisions of this Subsection (5) part of the record at the time that the county legislative body
takes its official action to implement the provisions of this Subsection (5).
(6) (a) An emissions inspection station shall issue a certificate of emissions inspection
for each motor vehicle that meets the inspection and maintenance program requirements
established in rules made under Subsection (2).
(b) The frequency of the emissions inspection shall be determined based on the age of the
vehicle as determined by model year and shall be required annually subject to the provisions of
Subsection (6)(c).
(c) (i) To the extent allowed under the current federally approved state implementation
plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
body of a county identified in Subsection (1) shall only require the emissions inspection every

two years for each vehicle.
(ii) The provisions of Subsection (6)(c)(i) apply only to a vehicle that is less than six
years old on January 1.
(d) If an emissions inspection is only required every two years for a vehicle under
Subsection (6)(c), the inspection shall be required for the vehicle in:
(i) odd-numbered years for vehicles with odd-numbered model years; or
(ii) in even-numbered years for vehicles with even-numbered model years.
(7) The emissions inspection shall be required within the same time limit applicable to a
safety inspection under Section 41-1a-205 .
(8) (a) A county identified in Subsection (1) shall collect information about and monitor
the program.
(b) A county identified in Subsection (1) shall supply this information to an appropriate
legislative committee, as designated by the Legislative Management Committee, at times
determined by the designated committee to identify program needs, including funding needs.
(9) If approved by the county legislative body, a county that had an established emissions
inspection fee as of January 1, 2002, may increase the established fee that an emissions
inspection station may charge by $2.50 for each year that is exempted from emissions inspections
under Subsection (6)(c) up to a $7.50 increase.