H.B. 265 Enrolled

1

MOTOR VEHICLE EMISSIONS AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Francis D. Gibson
5 Senate Sponsor: Margaret Dayton
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions relating to motor
10 vehicle emissions.
11 Highlighted Provisions:
12 This bill:
13 . provides that certain county regulations and ordinances shall be compliant with the
14 analyzer design and certification requirements contained in the state implementation
15 plan; and
16 . makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides an immediate effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-1642, as last amended by Laws of Utah 2010, Chapter 295
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); 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[.]; and
57 (iii) be compliant with the analyzer design and certification requirements contained in

58 the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
59 (c) The county legislative body and the Air Quality Board shall give preference to an
60 inspection and maintenance program that is:
61 (i) decentralized, to the extent the decentralized program will attain and maintain
62 ambient air quality standards and meet federal requirements;
63 (ii) the most cost effective means to achieve and maintain the maximum benefit with
64 regard to ambient air quality standards and to meet federal air quality requirements as related to
65 vehicle emissions; and
66 (iii) providing a reasonable phase-out period for replacement of air pollution emission
67 testing equipment made obsolete by the program.
68 (d) The provisions of Subsection (2)(c)(iii) apply only to the extent the phase-out:
69 (i) may be accomplished in accordance with applicable federal requirements; and
70 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
71 quality standards.
72 (3) The following vehicles are exempt from the provisions of this section:
73 (a) an implement of husbandry;
74 (b) a motor vehicle that:
75 (i) meets the definition of a farm truck under Section 41-1a-102 ; and
76 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
77 (c) a vintage vehicle as defined in Section 41-21-1 ; and
78 (d) a custom vehicle as defined in Section 41-6a-1507 .
79 (4) (a) The legislative body of a county identified in Subsection (1) shall exempt a
80 pickup truck, as defined in Section 41-1a-102 , with a gross vehicle weight of 12,000 pounds or
81 less from the emission inspection requirements of this section, if the registered owner of the
82 pickup truck provides a signed statement to the legislative body stating the truck is used:
83 (i) by the owner or operator of a farm located on property that qualifies as land in
84 agricultural use under Sections 59-2-502 and 59-2-503 ; and
85 (ii) exclusively for the following purposes in operating the farm:

86 (A) for the transportation of farm products, including livestock and its products,
87 poultry and its products, floricultural and horticultural products; and
88 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
89 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
90 and maintenance.
91 (b) The county shall provide to the registered owner who signs and submits a signed
92 statement under this section a certificate of exemption from emission inspection requirements
93 for purposes of registering the exempt vehicle.
94 (5) (a) Subject to Subsection (5)(c), the legislative body of each county required under
95 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
96 which an emissions inspection and maintenance program is necessary to attain or maintain any
97 national ambient air quality standard may require each college or university located in a county
98 subject to this section to require its students and employees who park a motor vehicle not
99 registered in a county subject to this section to provide proof of compliance with an emissions
100 inspection accepted by the county legislative body if the motor vehicle is parked on the college
101 or university campus or property.
102 (b) College or university parking areas that are metered or for which payment is
103 required per use are not subject to the requirements of this Subsection (5).
104 (c) The legislative body of a county shall make the reasons for implementing the
105 provisions of this Subsection (5) part of the record at the time that the county legislative body
106 takes its official action to implement the provisions of this Subsection (5).
107 (6) (a) An emissions inspection station shall issue a certificate of emissions inspection
108 for each motor vehicle that meets the inspection and maintenance program requirements
109 established in rules made under Subsection (2).
110 (b) The frequency of the emissions inspection shall be determined based on the age of
111 the vehicle as determined by model year and shall be required annually subject to the
112 provisions of Subsection (6)(c).
113 (c) (i) To the extent allowed under the current federally approved state implementation

114 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
115 body of a county identified in Subsection (1) shall only require the emissions inspection every
116 two years for each vehicle.
117 (ii) The provisions of Subsection (6)(c)(i) apply only to a vehicle that is less than six
118 years old on January 1.
119 (d) If an emissions inspection is only required every two years for a vehicle under
120 Subsection (6)(c), the inspection shall be required for the vehicle in:
121 (i) odd-numbered years for vehicles with odd-numbered model years; or
122 (ii) in even-numbered years for vehicles with even-numbered model years.
123 (7) The emissions inspection shall be required within the same time limit applicable to
124 a safety inspection under Section 41-1a-205 .
125 (8) (a) A county identified in Subsection (1) shall collect information about and
126 monitor the program.
127 (b) A county identified in Subsection (1) shall supply this information to an appropriate
128 legislative committee, as designated by the Legislative Management Committee, at times
129 determined by the designated committee to identify program needs, including funding needs.
130 (9) If approved by the county legislative body, a county that had an established
131 emissions inspection fee as of January 1, 2002, may increase the established fee that an
132 emissions inspection station may charge by $2.50 for each year that is exempted from
133 emissions inspections under Subsection (6)(c) up to a $7.50 increase.
134 (10) (a) A county identified in Subsection (1) may impose a local emissions
135 compliance fee on each motor vehicle registration within the county in accordance with the
136 procedures and requirements of Section 41-1a-1223 .
137 (b) A county that imposes a local emissions compliance fee shall use revenues
138 generated from the fee for the establishment and enforcement of an emissions inspection and
139 maintenance program in accordance with the requirements of this section.
140 Section 2. Effective date.
141 If approved by two-thirds of all the members elected to each house, this bill takes effect

142 upon approval by the governor, or the day following the constitutional time limit of Utah
143 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
144 the date of veto override.