This document includes House Floor Amendments incorporated into the bill on Mon, Feb 6, 2017 at 3:44 PM by jeyring.



Chief Sponsor: Logan Wilde

Senate Sponsor: Allen M. Christensen


8     General Description:
9          This bill amends provisions relating to local emissions compliance fees.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions relating to the use of local emissions compliance fee revenues.
13     Money Appropriated in this Bill:
14          None
15     Other Special Clauses:
16          None
17     Utah Code Sections Affected:
18     AMENDS:
19          41-6a-1642, as last amended by Laws of Utah 2015, Chapter 258

21     Be it enacted by the Legislature of the state of Utah:
22          Section 1. Section 41-6a-1642 is amended to read:
23          41-6a-1642. Emissions inspection -- County program.
24          (1) The legislative body of each county required under federal law to utilize a motor
25     vehicle emissions inspection and maintenance program or in which an emissions inspection
26     and maintenance program is necessary to attain or maintain any national ambient air quality
27     standard shall require:

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

59          (ii) the most cost effective means to achieve and maintain the maximum benefit with
60     regard to ambient air quality standards and to meet federal air quality requirements as related to
61     vehicle emissions; and
62          (iii) providing a reasonable phase-out period for replacement of air pollution emission
63     testing equipment made obsolete by the program.
64          (d) The provisions of Subsection (2)(c)(iii) apply only to the extent the phase-out:
65          (i) may be accomplished in accordance with applicable federal requirements; and
66          (ii) does not otherwise interfere with the attainment and maintenance of ambient air
67     quality standards.
68          (3) The following vehicles are exempt from the provisions of this section:
69          (a) an implement of husbandry;
70          (b) a motor vehicle that:
71          (i) meets the definition of a farm truck under Section 41-1a-102; and
72          (ii) has a gross vehicle weight rating of 12,001 pounds or more;
73          (c) a vintage vehicle as defined in Section 41-21-1;
74          (d) a custom vehicle as defined in Section 41-6a-1507; and
75          (e) to the extent allowed under the current federally approved state implementation
76     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
77     vehicle that is less than two years old on January 1 based on the age of the vehicle as
78     determined by the model year identified by the manufacturer.
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          (iii) For a county required to implement a new vehicle emissions inspection and
120     maintenance program on or after December 1, 2012, under Subsection (1), but for which no

121     current federally approved state implementation plan exists, a vehicle shall be tested at a
122     frequency determined by the county legislative body, in consultation with the Air Quality
123     Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
124     maintain any national ambient air quality standard.
125          (iv) If a county legislative body establishes or changes the frequency of a vehicle
126     emissions inspection and maintenance program under Subsection (6)(c)(iii), the establishment
127     or change shall take effect on January 1 if the Tax Commission receives notice meeting the
128     requirements of Subsection (6)(c)(v) from the county prior to October 1.
129          (v) The notice described in Subsection (6)(c)(iv) shall:
130          (A) state that the county will establish or change the frequency of the vehicle emissions
131     inspection and maintenance program under this section;
132          (B) include a copy of the ordinance establishing or changing the frequency; and
133          (C) if the county establishes or changes the frequency under this section, state how
134     frequently the emissions testing will be required.
135          (d) If an emissions inspection is only required every two years for a vehicle under
136     Subsection (6)(c), the inspection shall be required for the vehicle in:
137          (i) odd-numbered years for vehicles with odd-numbered model years; or
138          (ii) in even-numbered years for vehicles with even-numbered model years.
139          (7) The emissions inspection shall be required within the same time limit applicable to
140     a safety inspection under Section 41-1a-205.
141          (8) (a) A county identified in Subsection (1) shall collect information about and
142     monitor the program.
143          (b) A county identified in Subsection (1) shall supply this information to an appropriate
144     legislative committee, as designated by the Legislative Management Committee, at times
145     determined by the designated committee to identify program needs, including funding needs.
146          (9) If approved by the county legislative body, a county that had an established
147     emissions inspection fee as of January 1, 2002, may increase the established fee that an
148     emissions inspection station may charge by $2.50 for each year that is exempted from
149     emissions inspections under Subsection (6)(c) up to a $7.50 increase.
150          (10) (a) A county identified in Subsection (1) may impose a local emissions
151     compliance fee on each motor vehicle registration within the county in accordance with the

152     procedures and requirements of Section 41-1a-1223.
153          (b) A county that imposes a local emissions compliance fee [shall] may use revenues
154     generated from the fee for the establishment and enforcement of an emissions inspection and
155     maintenance program in accordance with the requirements of this section.
156          (c) A county that imposes a local emissions compliance fee may use revenues
157     generated from the fee to promote programs to maintain a Ĥ→ local, state, or ←Ĥ national
157a     ambient air quality standard.

Legislative Review Note
Office of Legislative Research and General Counsel