Representative Patrice M. Arent proposes the following substitute bill:


1     
AIR QUALITY EMISSIONS TESTING AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Patrice M. Arent

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends requirements for emissions testing of motor vehicles.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends exemptions to emissions testing;
13          ▸     creates a pilot program requiring certain counties to require emissions inspections
14     for certain diesel-powered motor vehicles;
15          ▸     requires a county participating in the program to present a report;
16          ▸     requires the Division of Air Quality to provide an estimate of pollution emitted
17     based on the failure rate of diesel-powered motor vehicles in the pilot program; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          41-6a-1642, as last amended by Laws of Utah 2017, Chapters 57, 246, and 406
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 41-6a-1642 is amended to read:
29          41-6a-1642. Emissions inspection -- County program.
30          (1) The legislative body of each county required under federal law to utilize a motor
31     vehicle emissions inspection and maintenance program or in which an emissions inspection
32     and maintenance program is necessary to attain or maintain any national ambient air quality
33     standard shall require:
34          (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
35     is exempt from emissions inspection and maintenance program requirements be presented:
36          (i) as a condition of registration or renewal of registration; and
37          (ii) at other times as the county legislative body may require to enforce inspection
38     requirements for individual motor vehicles, except that the county legislative body may not
39     routinely require a certificate of [emission] emissions inspection, or waiver of the certificate,
40     more often than required under Subsection [(7)] (9); and
41          (b) compliance with this section for a motor vehicle registered or principally operated
42     in the county and owned by or being used by a department, division, instrumentality, agency, or
43     employee of:
44          (i) the federal government;
45          (ii) the state and any of its agencies; or
46          (iii) a political subdivision of the state, including school districts.
47          (2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
48     inspection and maintenance program certificate of emissions inspection as described in
49     Subsection (1), but the program may not deny vehicle registration based solely on the presence
50     of a defeat device covered in the Volkswagen partial consent decrees or a United States
51     Environmental Protection Agency-approved vehicle modification in the following vehicles:
52          (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
53     emissions are mitigated in the state pursuant to a partial consent decree, including:
54          (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
55          (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
56     2014;
57          (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
58          (iv) Volkswagen Golf Sportwagen, model year 2015;
59          (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
60          (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
61          (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
62          (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
63          (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
64     emissions are mitigated in the state to a settlement, including:
65          (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
66     2016;
67          (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
68          (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
69          (iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
70          (v) Audi A8, model years 2014, 2015, and 2016;
71          (vi) Audi A8L, model years 2014, 2015, and 2016;
72          (vii) Audi Q5, model years 2014, 2015, and 2016; and
73          (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
74          (3) (a) The legislative body of a county identified in Subsection (1), in consultation
75     with the Air Quality Board created under Section 19-1-106, shall make regulations or
76     ordinances regarding:
77          (i) emissions standards;
78          (ii) test procedures;
79          (iii) inspections stations;
80          (iv) repair requirements and dollar limits for correction of deficiencies; and
81          (v) certificates of emissions inspections.
82          [(b) The regulations or ordinances shall:]
83          (b) In accordance with Subsection (3)(a), a county legislative body:
84          (i) [be made] shall make regulations or ordinances to attain or maintain ambient air
85     quality standards in the county, consistent with the state implementation plan and federal
86     requirements;
87          (ii) may allow for a phase-in of the program by geographical area; and
88          (iii) [be compliant] shall comply with the analyzer design and certification
89     requirements contained in the state implementation plan prepared under Title 19, Chapter 2,
90     Air Conservation Act.
91          (c) The county legislative body and the Air Quality Board shall give preference to an
92     inspection and maintenance program that [is]:
93          (i) is decentralized, to the extent the decentralized program will attain and maintain
94     ambient air quality standards and meet federal requirements;
95          (ii) is the most cost effective means to achieve and maintain the maximum benefit with
96     regard to ambient air quality standards and to meet federal air quality requirements as related to
97     vehicle emissions; and
98          (iii) [providing] provides a reasonable phase-out period for replacement of air pollution
99     emission testing equipment made obsolete by the program.
100          (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
101          (i) may be accomplished in accordance with applicable federal requirements; and
102          (ii) does not otherwise interfere with the attainment and maintenance of ambient air
103     quality standards.
104          (4) The following vehicles are exempt from an emissions inspection program and the
105     provisions of this section:
106          (a) an implement of husbandry as defined in Section 41-1a-102;
107          (b) a motor vehicle that:
108          (i) meets the definition of a farm truck under Section 41-1a-102; and
109          (ii) has a gross vehicle weight rating of 12,001 pounds or more;
110          (c) a vintage vehicle as defined in Section 41-21-1;
111          (d) a custom vehicle as defined in Section 41-6a-1507; [and]
112          (e) to the extent allowed under the current federally approved state implementation
113     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
114     vehicle that is less than two years old on January 1 based on the age of the vehicle as
115     determined by the model year identified by the manufacturer[.];
116          [(5) (a) The legislative body of a county identified in Subsection (1) shall exempt]
117          (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
118     of 12,000 pounds or less [from the emission inspection requirements of this section], if the
119     registered owner of the pickup truck provides a signed statement to the legislative body stating
120     the truck is used:
121          (i) by the owner or operator of a farm located on property that qualifies as land in
122     agricultural use under Sections 59-2-502 and 59-2-503; and
123          (ii) exclusively for the following purposes in operating the farm:
124          (A) for the transportation of farm products, including livestock and its products,
125     poultry and its products, floricultural and horticultural products; and
126          (B) in the transportation of farm supplies, including tile, fence, and every other thing or
127     commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
128     and maintenance[.];
129          (g) a motorcycle as defined in Section 41-1a-102;
130          (h) a motor vehicle powered solely by electric power; and
131          (i) a motor vehicle with a model year of 1967 or older.
132          [(b)] (5) The county shall [provide] issue to the registered owner who signs and
133     submits a signed statement under [this section] Subsection (4)(f) a certificate of exemption
134     from [emission] emissions inspection requirements for purposes of registering the exempt
135     vehicle.
136          (6) A legislative body of a county described in Subsection (1) may exempt from an
137     emissions inspection program a diesel-powered motor vehicle with a:
138          (a) gross vehicle weight rating of more than 14,000 pounds; or
139          (b) model year of 1997 or older.
140          (7) (a) The legislative body of a county described in Subsection (1) that does not
141     require an emissions inspection for diesel-powered motor vehicles as of December 31, 2017,
142     shall implement a three-year pilot program as described in Subsection (7)(b).
143          (b) Beginning on January 1, 2019, and ending on December 31, 2021, the legislative
144     body of a county described in Subsection (7)(a) shall require:
145          (i) a computerized emissions inspection for a diesel-powered motor vehicle that has:
146          (A) a model year of 2007 or newer;
147          (B) a gross vehicle weight rating of 14,000 pounds or less; and
148          (C) a model year that is five years old or older; and
149          (ii) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
150          (A) with a gross vehicle weight rating of 14,000 pounds or less;
151          (B) that has a model year of 1997 or newer; and
152          (C) that has a model year that is five years old or older.
153          (c) (i) The legislative body of a county that participates in the pilot program described
154     in this Subsection (7) shall prepare a report including:
155          (A) the total number of diesel-powered vehicles inspected as part of the pilot program
156     using computerized technology;
157          (B) the passage and failure rates of the diesel-powered motor vehicles inspected as part
158     of the pilot program using computerized technology, shown by model year;
159          (C) the total number of diesel-powered vehicles visually inspected as part of the pilot
160     program;
161          (D) the passage and failure rates of the diesel-powered motor vehicles visually
162     inspected as part of the pilot program, shown by model year;
163          (E) the total number of diesel-powered vehicles visually inspected as part of the pilot
164     program where tampering with emissions equipment was found, shown by model year; and
165          (F) any other information the executive body or individual considers relevant.
166          (ii) The legislative body of a county that participates in the pilot program described in
167     this Subsection (7) shall present the report described in Subsection (7)(c)(i) to the Natural
168     Resources, Agriculture, and Environment Interim Committee:
169          (A) one time after January 1, 2020, but before August 31, 2020; and
170          (B) one time after January 1, 2021, but before August 31, 2021.
171          (d) After each report described in Subsection (7)(c), the Division of Air Quality created
172     in Section 19-1-105 shall provide to the Natural Resources, Agriculture, and Environment
173     Interim Committee and the legislative body of a county participating in the pilot program an
174     estimate of the tons of pollution emitted due to the failure rate of the diesel-powered motor
175     vehicles in the pilot program.
176          [(6)] (8) (a) Subject to Subsection [(6)] (8)(c), the legislative body of each county
177     required under federal law to utilize a motor vehicle emissions inspection and maintenance
178     program or in which an emissions inspection and maintenance program is necessary to attain or
179     maintain any national ambient air quality standard may require each college or university
180     located in a county subject to this section to require its students and employees who park a
181     motor vehicle not registered in a county subject to this section to provide proof of compliance
182     with an emissions inspection accepted by the county legislative body if the motor vehicle is
183     parked on the college or university campus or property.
184          (b) College or university parking areas that are metered or for which payment is
185     required per use are not subject to the requirements of this Subsection [(6)] (8).
186          (c) The legislative body of a county shall make the reasons for implementing the
187     provisions of this Subsection [(6)] (8) part of the record at the time that the county legislative
188     body takes its official action to implement the provisions of this Subsection [(6)] (8).
189          [(7)] (9) (a) An emissions inspection station shall issue a certificate of emissions
190     inspection for each motor vehicle that meets the inspection and maintenance program
191     requirements established in rules made under Subsection (3).
192          (b) The frequency of the emissions inspection shall be determined based on the age of
193     the vehicle as determined by model year and shall be required annually subject to the
194     provisions of Subsection [(7)] (9)(c).
195          (c) (i) To the extent allowed under the current federally approved state implementation
196     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
197     body of a county identified in Subsection (1) shall only require the emissions inspection every
198     two years for each vehicle.
199          (ii) The provisions of Subsection [(7)] (9)(c)(i) apply only to a vehicle that is less than
200     six years old on January 1.
201          (iii) For a county required to implement a new vehicle emissions inspection and
202     maintenance program on or after December 1, 2012, under Subsection (1), but for which no
203     current federally approved state implementation plan exists, a vehicle shall be tested at a
204     frequency determined by the county legislative body, in consultation with the Air Quality
205     Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
206     maintain any national ambient air quality standard.
207          (iv) If a county legislative body establishes or changes the frequency of a vehicle
208     emissions inspection and maintenance program under Subsection [(7)] (9)(c)(iii), the
209     establishment or change shall take effect on January 1 if the State Tax Commission receives
210     notice meeting the requirements of Subsection [(7)] (9)(c)(v) from the county before October 1.
211          (v) The notice described in Subsection [(7)] (9)(c)(iv) shall:
212          (A) state that the county will establish or change the frequency of the vehicle emissions
213     inspection and maintenance program under this section;
214          (B) include a copy of the ordinance establishing or changing the frequency; and
215          (C) if the county establishes or changes the frequency under this section, state how
216     frequently the emissions testing will be required.
217          (d) If an emissions inspection is only required every two years for a vehicle under
218     Subsection [(7)](9)(c), the inspection shall be required for the vehicle in:
219          (i) odd-numbered years for vehicles with odd-numbered model years; or
220          (ii) in even-numbered years for vehicles with even-numbered model years.
221          [(8)] (10) (a) Except as provided in Subsections [(7)] (9)(b), (c), and (d), the emissions
222     inspection required under this section may be made no more than two months before the
223     renewal of registration.
224          (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
225     emissions inspection certificate issued for the motor vehicle during the previous 11 months to
226     satisfy the requirement under this section.
227          (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
228     use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
229     motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
230     this section.
231          (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
232     lessee may use an emissions inspection certificate issued during the previous 11 months to
233     satisfy the requirement under this section.
234          (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
235     use an emissions inspection made more than 11 months before the renewal of registration to
236     satisfy the requirement under this section.
237          (e) If the application for renewal of registration is for a six-month registration period
238     under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
239     the previous eight months to satisfy the requirement under this section.
240          [(9)] (11) (a) A county identified in Subsection (1) shall collect information about and
241     monitor the program.
242          (b) A county identified in Subsection (1) shall supply this information to an appropriate
243     legislative committee, as designated by the Legislative Management Committee, at times
244     determined by the designated committee to identify program needs, including funding needs.
245          [(10)] (12) If approved by the county legislative body, a county that had an established
246     emissions inspection fee as of January 1, 2002, may increase the established fee that an
247     emissions inspection station may charge by $2.50 for each year that is exempted from
248     emissions inspections under Subsection [(7)] (9)(c) up to a $7.50 increase.
249          [(11)] (13) (a) A county identified in Subsection (1) may impose a local emissions
250     compliance fee on each motor vehicle registration within the county in accordance with the
251     procedures and requirements of Section 41-1a-1223.
252          (b) A county that imposes a local emissions compliance fee may use revenues
253     generated from the fee for the establishment and enforcement of an emissions inspection and
254     maintenance program in accordance with the requirements of this section.
255          (c) A county that imposes a local emissions compliance fee may use revenues
256     generated from the fee to promote programs to maintain a local, state, or national ambient air
257     quality standard.