Representative Lee B. Perry proposes the following substitute bill:


1     
MOTOR VEHICLE EMISSIONS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lee B. Perry

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to motor vehicle emissions.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the visible contaminant emission standards for certain diesel engines;
13          ▸     amends the penalty for violating the motor vehicle visible emissions limits; and
14          ▸     makes technical corrections.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          41-6a-1626, as renumbered and amended by Laws of Utah 2005, Chapter 2
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 41-6a-1626 is amended to read:
25          41-6a-1626. Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
26     control devices.
27          (1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
28     unusual noise.
29          (b) A motor vehicle shall be equipped with a muffler or other effective noise
30     suppressing system in good working order and in constant operation.
31          (c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
32          (2) (a) Except while the engine is being warmed to the recommended operating
33     temperature, the engine and power mechanism of a[: (i)] gasoline-powered motor vehicle may
34     not emit visible contaminants during operation[;].
35          [(ii) diesel engine manufactured on or after January 1, 1973, may not emit visible
36     contaminants of a shade or density darker than 20% opacity; and]
37          [(iii) diesel engine manufactured before January 1, 1973, may not emit visible
38     contaminants of a shade or density darker than 40% opacity.]
39          (b) (i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the
40     vehicle's maximum tow weight.
41          (ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible
42     contaminants during operation:
43          (A) except while the engine is being warmed to the recommended operating
44     temperature or under a heavy tow; or
45          (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
46     rating in excess of 26,000 pounds.
47          (iii) A diesel engine manufactured before January 1, 2008, may not emit visible
48     contaminants of a shade or density that obscures a contrasting background by more than 20%,
49     for more than five consecutive seconds:
50          (A) except while the engine is being warmed to the recommended operating
51     temperature or under a heavy tow; or
52          (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
53     rating in excess of 26,000 pounds.
54          [(b)] (c) A person who violates the provisions of Subsection (2)(a) is guilty of a class C
55     misdemeanor and shall be fined:
56          (i) not less than $50 for a violation; or
57          (ii) not less than $100 for a second or subsequent violation within three years of a
58     previous violation of this section.
59          (3) (a) [A] If a motor vehicle is equipped by a manufacturer with air pollution control
60     devices [shall maintain], the devices shall be maintained in good working order and in constant
61     operation.
62          (b) For purposes of the first sale of a vehicle at retail, an air pollution control device
63     may be substituted for the manufacturer's original device if the substituted device is at least as
64     effective in the reduction of emissions from the vehicle motor as the air pollution control
65     device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
66     class.
67          (c) A person who renders inoperable an air pollution control device on a motor vehicle
68     is guilty of a class B misdemeanor.
69          (4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
70     fuel, as defined under Section 59-13-102, when the emissions from the modified or altered
71     motor vehicle are at levels that comply with existing state or federal standards for the emission
72     of pollutants from a motor vehicle of the same class.