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7 LONG TITLE
8 General Description:
9 This bill exempts from an emissions inspection certain pickup trucks owned and
10 operated by a canal or irrigation company.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires that a county that administers an emissions inspection program to exempt
14 from an inspection requirement a pickup truck used exclusively for canal or
15 irrigation company purposes and primarily related to maintenance of canal and
16 irrigation facilities.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-1642, as last amended by Laws of Utah 2017, Chapters 57, 246, and 406
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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 (7); 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 vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
46 inspection and maintenance program certificate of emissions inspection as described in
47 Subsection (1), but the program may not deny vehicle registration based solely on the presence
48 of a defeat device covered in the Volkswagen partial consent decrees or a United States
49 Environmental Protection Agency-approved vehicle modification in the following vehicles:
50 (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
51 emissions are mitigated in the state pursuant to a partial consent decree, including:
52 (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
53 (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
54 2014;
55 (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
56 (iv) Volkswagen Golf Sportwagen, model year 2015;
57 (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
58 (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
59 (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
60 (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
61 (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
62 emissions are mitigated in the state to a settlement, including:
63 (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
64 2016;
65 (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
66 (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
67 (iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
68 (v) Audi A8, model years 2014, 2015, and 2016;
69 (vi) Audi A8L, model years 2014, 2015, and 2016;
70 (vii) Audi Q5, model years 2014, 2015, and 2016; and
71 (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
72 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
73 with the Air Quality Board created under Section 19-1-106, shall make regulations or
74 ordinances regarding:
75 (i) emissions standards;
76 (ii) test procedures;
77 (iii) inspections stations;
78 (iv) repair requirements and dollar limits for correction of deficiencies; and
79 (v) certificates of emissions inspections.
80 (b) The regulations or ordinances shall:
81 (i) be made to attain or maintain ambient air quality standards in the county, consistent
82 with the state implementation plan and federal requirements;
83 (ii) may allow for a phase-in of the program by geographical area; and
84 (iii) be compliant with the analyzer design and certification requirements contained in
85 the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
86 (c) The county legislative body and the Air Quality Board shall give preference to an
87 inspection and maintenance program that is:
88 (i) decentralized, to the extent the decentralized program will attain and maintain
89 ambient air quality standards and meet federal requirements;
90 (ii) the most cost effective means to achieve and maintain the maximum benefit with
91 regard to ambient air quality standards and to meet federal air quality requirements as related to
92 vehicle emissions; and
93 (iii) providing a reasonable phase-out period for replacement of air pollution emission
94 testing equipment made obsolete by the program.
95 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
96 (i) may be accomplished in accordance with applicable federal requirements; and
97 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
98 quality standards.
99 (4) The following vehicles are exempt from the provisions of this section:
100 (a) an implement of husbandry;
101 (b) a motor vehicle that:
102 (i) meets the definition of a farm truck under Section 41-1a-102; and
103 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
104 (c) a vintage vehicle as defined in Section 41-21-1;
105 (d) a custom vehicle as defined in Section 41-6a-1507; and
106 (e) to the extent allowed under the current federally approved state implementation
107 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
108 vehicle that is less than two years old on January 1 based on the age of the vehicle as
109 determined by the model year identified by the manufacturer.
110 (5) (a) The legislative body of a county identified in Subsection (1) shall exempt a
111 pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight of 12,000 pounds or
112 less from the emission inspection requirements of this section, if the registered owner of the
113 pickup truck provides a signed statement to the legislative body stating the truck is used:
114 (i) by the owner or operator of a farm located on property that qualifies as land in
115 agricultural use under Sections 59-2-502 and 59-2-503; and
116 (ii) exclusively for the following purposes in operating the farm:
117 (A) for the transportation of farm products, including livestock and its products,
118 poultry and its products, floricultural and horticultural products; and
119 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
120 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
121 and maintenance.
122 (b) The legislative body of a county identified in Subsection (1) shall exempt a pickup
123 truck, as defined in Section 41-1a-102, with a gross vehicle weight of 12,000 pounds or less
124 from the emission inspection requirements of this section, if the registered owner of the pickup
125 truck provides a signed statement to the legislative body stating the truck is:
126 (i) owned by a canal company recognized by a county described in Subsection (1); and
127 (ii) used exclusively for canal and irrigation purposes, including:
128 (A) transportation of irrigation and canal maintenance products and equipment;
129 (B) maintenance of irrigation and canal facilities; and
130 (C) other duties of the canal or irrigation company that primarily occur on canal
131 company property and rights-of-way.
132 [
133 signed statement under this section a certificate of exemption from emission inspection
134 requirements for purposes of registering the exempt vehicle.
135 (6) (a) Subject to Subsection (6)(c), the legislative body of each county required under
136 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
137 which an emissions inspection and maintenance program is necessary to attain or maintain any
138 national ambient air quality standard may require each college or university located in a county
139 subject to this section to require its students and employees who park a motor vehicle not
140 registered in a county subject to this section to provide proof of compliance with an emissions
141 inspection accepted by the county legislative body if the motor vehicle is parked on the college
142 or university campus or property.
143 (b) College or university parking areas that are metered or for which payment is
144 required per use are not subject to the requirements of this Subsection (6).
145 (c) The legislative body of a county shall make the reasons for implementing the
146 provisions of this Subsection (6) part of the record at the time that the county legislative body
147 takes its official action to implement the provisions of this Subsection (6).
148 (7) (a) An emissions inspection station shall issue a certificate of emissions inspection
149 for each motor vehicle that meets the inspection and maintenance program requirements
150 established in rules made under Subsection (3).
151 (b) The frequency of the emissions inspection shall be determined based on the age of
152 the vehicle as determined by model year and shall be required annually subject to the
153 provisions of Subsection (7)(c).
154 (c) (i) To the extent allowed under the current federally approved state implementation
155 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
156 body of a county identified in Subsection (1) shall only require the emissions inspection every
157 two years for each vehicle.
158 (ii) The provisions of Subsection (7)(c)(i) apply only to a vehicle that is less than six
159 years old on January 1.
160 (iii) For a county required to implement a new vehicle emissions inspection and
161 maintenance program on or after December 1, 2012, under Subsection (1), but for which no
162 current federally approved state implementation plan exists, a vehicle shall be tested at a
163 frequency determined by the county legislative body, in consultation with the Air Quality
164 Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
165 maintain any national ambient air quality standard.
166 (iv) If a county legislative body establishes or changes the frequency of a vehicle
167 emissions inspection and maintenance program under Subsection (7)(c)(iii), the establishment
168 or change shall take effect on January 1 if the State Tax Commission receives notice meeting
169 the requirements of Subsection (7)(c)(v) from the county before October 1.
170 (v) The notice described in Subsection (7)(c)(iv) shall:
171 (A) state that the county will establish or change the frequency of the vehicle emissions
172 inspection and maintenance program under this section;
173 (B) include a copy of the ordinance establishing or changing the frequency; and
174 (C) if the county establishes or changes the frequency under this section, state how
175 frequently the emissions testing will be required.
176 (d) If an emissions inspection is only required every two years for a vehicle under
177 Subsection (7)(c), the inspection shall be required for the vehicle in:
178 (i) odd-numbered years for vehicles with odd-numbered model years; or
179 (ii) in even-numbered years for vehicles with even-numbered model years.
180 (8) (a) Except as provided in Subsections (7)(b), (c), and (d), the emissions inspection
181 required under this section may be made no more than two months before the renewal of
182 registration.
183 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
184 emissions inspection certificate issued for the motor vehicle during the previous 11 months to
185 satisfy the requirement under this section.
186 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
187 use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
188 motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
189 this section.
190 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
191 lessee may use an emissions inspection certificate issued during the previous 11 months to
192 satisfy the requirement under this section.
193 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
194 use an emissions inspection made more than 11 months before the renewal of registration to
195 satisfy the requirement under this section.
196 (e) If the application for renewal of registration is for a six-month registration period
197 under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
198 the previous eight months to satisfy the requirement under this section.
199 (9) (a) A county identified in Subsection (1) shall collect information about and
200 monitor the program.
201 (b) A county identified in Subsection (1) shall supply this information to an appropriate
202 legislative committee, as designated by the Legislative Management Committee, at times
203 determined by the designated committee to identify program needs, including funding needs.
204 (10) If approved by the county legislative body, a county that had an established
205 emissions inspection fee as of January 1, 2002, may increase the established fee that an
206 emissions inspection station may charge by $2.50 for each year that is exempted from
207 emissions inspections under Subsection (7)(c) up to a $7.50 increase.
208 (11) (a) A county identified in Subsection (1) may impose a local emissions
209 compliance fee on each motor vehicle registration within the county in accordance with the
210 procedures and requirements of Section 41-1a-1223.
211 (b) A county that imposes a local emissions compliance fee may use revenues
212 generated from the fee for the establishment and enforcement of an emissions inspection and
213 maintenance program in accordance with the requirements of this section.
214 (c) A county that imposes a local emissions compliance fee may use revenues
215 generated from the fee to promote programs to maintain a local, state, or national ambient air
216 quality standard.