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8 LONG TITLE
9 General Description:
10 This bill creates the Vehicle Repair Assistance Grant Program.
11 Highlighted Provisions:
12 This bill:
13 ▸ creates the Vehicle Repair Assistance Grant Restricted Account;
14 ▸ authorizes the Division of Air Quality to make a grant to certain individuals for
15 emissions related repairs to a vehicle that is registered in a nonattainment area and
16 fails an emissions inspection;
17 ▸ establishes an application process, eligibility requirements, and the maximum grant
18 amounts that the Division of Air Quality may make; and
19 ▸ provides for payment of the grant by the Division of Air Quality.
20 Money Appropriated in this Bill:
21 This bill appropriates in fiscal year 2018:
22 ▸ to the Vehicle Repair Assistance Grant Restricted Account, as a one-time
23 appropriation:
24 • from the General Fund, $100,000.
25 Other Special Clauses:
26 This bill provides a special effective date.
27 Utah Code Sections Affected:
28 AMENDS:
29 63J-1-602.1, as last amended by Laws of Utah 2016, Chapters 46, 70, 71, and 202
30 ENACTS:
31 19-2-401, Utah Code Annotated 1953
32 19-2-402, Utah Code Annotated 1953
33 19-2-403, Utah Code Annotated 1953
34 19-2-404, Utah Code Annotated 1953
35 19-2-405, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 19-2-401 is enacted to read:
39
40 19-2-401. Definitions.
41 As used in this part:
42 (1) "Account" means the Vehicle Repair Assistance Grant Restricted Account created
43 in Section 19-2-402.
44 (2) "Emissions inspection" means the vehicle inspection described in Section
45 41-6a-1642.
46 (3) "Emissions related repairs" means repairs that are:
47 (a) made to a motor vehicle by a licensed repair station; and
48 (b) necessary for the motor vehicle to pass an emissions inspection.
49 (4) "Federal poverty level" means the United States poverty level as defined by the
50 most recently revised poverty income guidelines published by the Utah Department of Health
51 and Human Services in the Federal Register.
52 (5) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
53 (6) "Nonattainment area" means a part of the state where air quality is determined to
54 exceed the National Ambient Air Quality Standards, as defined in the Clean Air Amendments
55 of 1970, Pub. L. No. 91-604, Sec. 109, for fine particulate matter (PM 2.5).
56 (7) "Qualifying individual" means an individual whose gross household income on the
57 most recent federal income tax return is at or below 250% of the federal poverty level based on
58 the qualifying individual's household size.
59 (8) (a) "Qualifying vehicle" means a motor vehicle that:
60 (i) is currently registered in a nonattainment area in the name of a qualifying
61 individual;
62 (ii) has been registered in a nonattainment area for the 12 months preceding an
63 application made in accordance with Section 19-2-403;
64 (iii) fails an emissions inspection; and
65 (iv) does not have a tampered emissions control system.
66 (b) "Qualifying vehicle" does not include a motor vehicle that is used as a company
67 vehicle or is registered to a corporation, pass-through entity, fleet, nonprofit organization, or
68 governmental entity.
69 (9) "Tampered emissions control system" means that a system, device, or element of
70 design that controls emissions from a motor vehicle engine has been removed or rendered
71 inoperative.
72 Section 2. Section 19-2-402 is enacted to read:
73 19-2-402. Vehicle Repair Assistance Grant Restricted Account.
74 (1) There is created within the General Fund the Vehicle Repair Assistance Grant
75 Restricted Account.
76 (2) The account consists of amounts appropriated by the Legislature.
77 (3) Upon appropriation by the Legislature, the Division of Finance shall distribute
78 money from the account to the Division of Air Quality to:
79 (a) make grants in accordance with this part; and
80 (b) make any notifications authorized by Section 19-2-404.
81 Section 3. Section 19-2-403 is enacted to read:
82 19-2-403. Grants -- Application -- Proof of income.
83 (1) (a) The director may make a grant from the account to the qualifying individual for
84 use toward the cost of emissions related repairs on a qualifying vehicle.
85 (b) The amount of the grant is the lesser of:
86 (i) for a qualifying individual whose gross household income is at or below 150% of
87 the federal poverty level based on the qualifying individual's household size:
88 (A) 100% of the cost of emissions related repairs on a qualifying vehicle; or
89 (B) $1,000;
90 (ii) for a qualifying individual whose gross household income is between 151% and
91 200% of the federal poverty level based on the qualifying individual's household size:
92 (A) 75% of the cost of emissions related repairs on a qualifying vehicle; or
93 (B) $750; and
94 (iii) for a qualifying individual whose gross household income is between 201% and
95 250% of the federal poverty level based on the qualifying individual's household size:
96 (A) 50% of the cost of emissions related repairs on a qualifying vehicle; or
97 (B) $500.
98 (2) (a) To obtain a grant described in Subsection (1), a qualifying individual shall apply
99 with the division for a voucher within 30 days of the day on which the qualifying vehicle fails
100 an emissions inspection.
101 (b) The application shall include:
102 (i) a copy of the Vehicle Inspection Report showing that the qualifying vehicle failed
103 an emissions inspection within the preceding 30 days;
104 (ii) a copy of the qualifying vehicle's vehicle registration for the current and previous
105 registration years;
106 (iii) proof of the qualifying individual's income, as described in Subsection (3);
107 (iv) a statement by the qualifying individual that the qualifying individual has not
108 previously received emissions related repairs assistance for the same qualifying vehicle from
109 either a grant under this part or another state or local emissions related repairs program; and
110 (v) any other information that the division requires.
111 (3) A qualifying individual shall submit the following as proof of income:
112 (a) for a qualifying individual who filed a federal or state income tax return for the
113 previous taxable year, a copy of the qualifying individual's federal or state income tax return; or
114 (b) for a qualifying individual who was not required to file a federal or state income tax
115 return for the previous year:
116 (i) a W-2 for the previous calendar year for each member of the household who earned
117 income during the previous calendar year;
118 (ii) three months of pay statements for each member of the household who earns
119 income; or
120 (iii) three months of canceled checks or bank statements showing direct deposit of
121 disability or social security benefits.
122 Section 4. Section 19-2-404 is enacted to read:
123 19-2-404. Duties and authorities -- Rulemaking.
124 (1) Subject to Subsection (2), after receiving an application made in accordance with
125 Section 19-2-403, the director shall:
126 (a) review the qualifying individual's application;
127 (b) determine the amount of grant that the qualifying individual is eligible to receive;
128 and
129 (c) issue a voucher to the qualifying individual that is redeemable by a licensed repair
130 station in accordance with Section 19-2-405.
131 (2) (a) The director shall issue only one voucher per qualifying vehicle.
132 (b) Subject to Subsection (2)(c), the director shall review an application and issue a
133 voucher in the order that the division receives the application.
134 (c) (i) The director may not issue a voucher that will cause the aggregate amount of
135 vouchers issued for the fiscal year to exceed the balance in the account at the beginning of the
136 fiscal year.
137 (ii) The director shall deny applications reviewed or received after the threshold
138 described in Subsection (2)(c)(i) has been reached.
139 (3) After a licensed repair station redeems a voucher in accordance with Section
140 19-2-405, the division shall pay a licensed repair station the amount shown on the voucher
141 from funds within the account.
142 (4) The division may provide an annual notice to licensed repair stations of the grant
143 program, the grant qualification requirement, and the availability of funds.
144 (5) In accordance with Title 63G, Chapter 3, Utah Administrating Rulemaking Act, the
145 division:
146 (a) shall establish the form for submitting an application described in Section 19-2-403
147 or request for reimbursement described in Section 19-2-405; and
148 (b) may make rules regarding the notice to licensed repair stations described in
149 Subsection (4).
150 Section 5. Section 19-2-405 is enacted to read:
151 19-2-405. Use of a voucher -- Redemption of a voucher.
152 (1) (a) A qualifying individual may use the voucher at a licensed repair station for
153 emissions related repairs.
154 (b) To use the voucher, a qualifying individual shall:
155 (i) exchange the voucher received from the division for a discount by a licensed repair
156 station on the charge for emissions related repairs in an amount equal to the amount stated on
157 the voucher; and
158 (ii) pay the balance of the bill for the emissions related repairs.
159 (2) A licensed repair station may redeem a voucher by providing to the division:
160 (a) a request for reimbursement on a form created by the division;
161 (b) a copy of the repair station's license;
162 (c) the voucher;
163 (d) an itemized repair receipt showing that:
164 (i) the licensed repair station completed the emissions related repairs;
165 (ii) the licensed repair station discounted the charge to the qualifying individual for the
166 emissions related repairs by the amount of the voucher; and
167 (iii) the qualifying individual paid the balance of the bill for the emissions related
168 repairs; and
169 (e) proof that the qualifying vehicle passed an emissions inspection after the emissions
170 related repairs were made.
171 Section 6. Section 63J-1-602.1 is amended to read:
172 63J-1-602.1. List of nonlapsing accounts and funds -- General authority and Title
173 1 through Title 30.
174 (1) Appropriations made to the Legislature and its committees.
175 (2) The Percent-for-Art Program created in Section 9-6-404.
176 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
177 Section 9-18-102.
178 (4) The National Professional Men's Soccer Team Support of Building Communities
179 Restricted Account created in Section 9-19-102.
180 (5) The LeRay McAllister Critical Land Conservation Program created in Section
181 11-38-301.
182 (6) The Vehicle Repair Assistance Grant Restricted Account created in Section
183 19-2-402.
184 [
185 and purchase of lands under the Pelican Management Act, as provided in Section 23-21a-6.
186 [
187 under Section 24-4-117.
188 [
189 incurred in responding to a local health emergency under Section 26-1-38.
190 [
191 provided in Section 26-8a-207.
192 [
193 [
194 26-21a-303.
195 [
196 26-21a-304.
197 [
198 Insurance Program as provided in Section 26-40-108.
199 [
200 Section 26-46-102.
201 [
202 26-46a-103.
203 [
204 [
205 Section 26-58-102.
206 Section 7. Appropriation.
207 The following sums of money are appropriated for the fiscal year beginning July 1,
208 2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
209 fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
210 Act, the Legislature appropriates the following sums of money from the funds or accounts
211 indicated for the use and support of the government of the state of Utah.
212 ITEM 1
213 To GFR -- Vehicle Repair Assistance Grant Restricted Account
214 From General Fund, One-time
$100,000
215 Schedule of Programs:
216 General Fund Restricted Account -- Vehicle Repair Assistance Grant
217 Restricted Account $100,000
218 The Legislature intends that the Division of Air Quality use the appropriation to the
219 Vehicle Repair Assistance Grant Restricted Account under this section to provide grants to
220 qualifying individuals for emissions related repairs on qualifying vehicles and to provide notice
221 to licensed repair stations, as described by Title 19, Chapter 2, Part 4, Vehicle Repair
222 Assistance Grant Program. Under Section 63J-1-603, the Legislature intends that
223 appropriations under this section not lapse at the close of fiscal year 2018.
224 Section 8. Effective date.
225 This bill takes effect on July 1, 2017.
Legislative Review Note
Office of Legislative Research and General Counsel