S.B. 136 Enrolled

1

DIESEL-POWERED MOTOR VEHICLE
2 EMISSIONS INSPECTION PROGRAM
3 AMENDMENTS
4 2009 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Gregory S. Bell
7 House Sponsor: Julie Fisher
8
9 LONG TITLE
10 General Description:
11 This bill modifies the Motor Vehicles Code by amending provisions relating to the
12 diesel-powered motor vehicle emissions opacity inspection and maintenance program.
13 Highlighted Provisions:
14 This bill:
15 . provides that an implement of husbandry and a farm truck that has a gross vehicle
16 weight rating of 12,001 pounds or more is exempt from the diesel-powered motor
17 vehicle emissions opacity inspection and maintenance program;
18 . provides that a legislative body of a county shall exempt a pickup truck with a
19 gross vehicle weight rating of 12,000 pounds or less from the diesel-powered motor
20 vehicle emissions opacity inspection and maintenance program if the registered
21 owner of the pickup truck provides a signed statement to the legislative body that
22 the pickup truck is used by an owner or operator of a farm on agricultural land
23 exclusively for the purposes of operating the farm;
24 . requires the legislative body of a county to issue a certificate of exemption to
25 certain pickup trucks that are used by an owner or operator of a farm; and
26 . makes technical changes.
27 Monies Appropriated in this Bill:
28 None
29 Other Special Clauses:

30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 41-6a-1644, as renumbered and amended by Laws of Utah 2005, Chapter 2
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 41-6a-1644 is amended to read:
37 41-6a-1644. Diesel emissions program -- Implementation -- Monitoring --
38 Exemptions.
39 (1) The legislative body of each county required by the comprehensive plan for air
40 pollution control developed by the Air Quality Board under Subsection 19-2-104 (3)(e) to use
41 an emissions opacity inspection and maintenance program for diesel-powered motor vehicles
42 shall:
43 [(1)] (a) make regulations or ordinances to implement and enforce the requirement
44 established by the Air Quality Board;
45 [(2)] (b) collect information about and monitor the program; and
46 [(3)] (c) by August 1 of each year, supply written information to the Department of
47 Environmental Quality to identify program status.
48 (2) The following vehicles are exempt from an emissions opacity inspection and
49 maintenance program for diesel-powered motor vehicles established by a legislative body of a
50 county under Subsection (1):
51 (a) an implement of husbandry; and
52 (b) a motor vehicle that:
53 (i) meets the definition of a farm truck under Section 41-1a-102 ; and
54 (ii) has a gross vehicle weight rating of 12,001 pounds or more.
55 (3) (a) The legislative body of a county identified in Subsection (1) shall exempt a
56 pickup truck, as defined in Section 41-1a-102 , with a gross vehicle weight of 12,000 pounds
57 or less from the emissions opacity inspection and maintenance program requirements of this

58 section, if the registered owner of the pickup truck provides a signed statement to the
59 legislative body stating the truck is used:
60 (i) by the owner or operator of a farm located on property that qualifies as land in
61 agricultural use under Sections 59-2-502 and 59-2-503 ; and
62 (ii) exclusively for the following purposes in operating the farm:
63 (A) for the transportation of farm products, including livestock and its products,
64 poultry and its products, and floricultural and horticultural products; and
65 (B) for the transportation of farm supplies, including tile, fence, and every other thing
66 or commodity used in agricultural, floricultural, horticultural, livestock, and poultry
67 production and maintenance.
68 (b) The county shall provide to the registered owner who signs and submits a signed
69 statement under this section a certificate of exemption from emissions opacity inspection and
70 maintenance program requirements for purposes of registering the exempt vehicle.