This document includes House Committee Amendments incorporated into the bill on Mon, Mar 9, 2020 at 6:49 PM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill requires certain vehicles to be inspected as a prerequisite for registration for
10 compliance with noise suppression provisions.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires vehicles subject to an emissions inspection also be inspected for
14 compliance with noise suppression equipment requirements;
15 ▸ requires proof of the inspection as a condition of registration;
16 ▸ imposes fines on an individual for a violation of muffler and noise suppression
17 equipment requirements; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provides a special effective date.
23 Utah Code Sections Affected:
24 AMENDS:
25 41-6a-1626, as last amended by Laws of Utah 2019, Chapter 461
26 41-6a-1642, as last amended by Laws of Utah 2019, Chapter 140
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-6a-1626 is amended to read:
30 41-6a-1626. Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
31 control devices.
32 (1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
33 unusual noise.
34 (b) A motor vehicle shall be equipped with a muffler or other effective noise
35 suppressing system in good working order and in constant operation.
36 (c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
37 (d) As part of an emissions test described in Section 41-6a-1642, each motor vehicle
38 subject to an emissions test shall be inspected to ensure compliance with the noise prevention
39 equipment required in this section.
40 (2) (a) Except while the engine is being warmed to the recommended operating
41 temperature, the engine and power mechanism of a gasoline-powered motor vehicle may not
42 emit visible contaminants during operation.
43 (b) (i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the
44 vehicle's maximum tow weight.
45 (ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible
46 contaminants during operation:
47 (A) except while the engine is being warmed to the recommended operating
48 temperature or under a heavy tow; or
49 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
50 rating in excess of 26,000 pounds.
51 (iii) A diesel engine manufactured before January 1, 2008, may not emit visible
52 contaminants of a shade or density that obscures a contrasting background by more than 20%,
53 for more than five consecutive seconds:
54 (A) except while the engine is being warmed to the recommended operating
55 temperature or under a heavy tow; or
56 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
57 rating in excess of 26,000 pounds.
58 (c) A person who violates the provisions of Subsection (2)(a) is guilty of an infraction
59 and shall be fined:
60 (i) not less than $50 for a violation; or
61 (ii) not less than $100 for a second or subsequent violation within three years of a
62 previous violation of this section.
63 (d) A person who violates the provisions of Subsection (2)(b) is guilty of an infraction
64 and shall be fined:
65 (i) not less than $100 for a violation; or
66 (ii) not less than $500 for a second or subsequent violation within three years of a
67 previous violation of this section.
68 (e) (i) As used in this section:
69 (A) "Local health department" means the same as that term is defined in Section
70 26A-1-102.
71 (B) "Nonattainment area" means the same as that term is defined in Section
72 63N-3-102.
73 (ii) Within a nonattainment area, for a second or subsequent violation of Subsection
74 (2)(a) or (2)(b), the court shall report the violations to the local health department at a regular
75 interval.
76 (iii) If the local health department receives a notification as described in Subsection
77 (2)(e)(ii), and the local health department determines that the registered vehicle is unable to
78 meet state or local air emission standards, the local health department shall send notification to
79 the Motor Vehicle Division.
80 (3) (a) If a motor vehicle is equipped by a manufacturer with air pollution control
81 devices, the devices shall be maintained in good working order and in constant operation.
82 (b) For purposes of the first sale of a vehicle at retail, an air pollution control device
83 may be substituted for the manufacturer's original device if the substituted device is at least as
84 effective in the reduction of emissions from the vehicle motor as the air pollution control
85 device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
86 class.
87 (c) A person who renders inoperable an air pollution control device on a motor vehicle
88 is guilty of an infraction.
89 (4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
90 fuel, as defined under Section 59-13-102, when the emissions from the modified or altered
91 motor vehicle are at levels that comply with existing state or federal standards for the emission
92 of pollutants from a motor vehicle of the same class.
93 (5) (a) A person who violates Subsection (1) is guilty of an infraction and shall be
94 fined:
95 (i) not less than Ĥ→ [
96 (ii) not less than Ĥ→ [
96a years of a
97 previous violation of this section.
98 (b) A violation of Subsection [
99 Section 2. Section 41-6a-1642 is amended to read:
100 41-6a-1642. Emissions inspection -- County program.
101 (1) The legislative body of each county required under federal law to utilize a motor
102 vehicle emissions inspection and maintenance program or in which an emissions inspection
103 and maintenance program is necessary to attain or maintain any national ambient air quality
104 standard shall require:
105 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
106 is exempt from emissions inspection and maintenance program requirements be presented:
107 (i) as a condition of registration or renewal of registration; and
108 (ii) at other times as the county legislative body may require to enforce inspection
109 requirements for individual motor vehicles, except that the county legislative body may not
110 routinely require a certificate of emissions inspection, or waiver of the certificate, more often
111 than required under Subsection (9); and
112 (b) compliance with this section for a motor vehicle registered or principally operated
113 in the county and owned by or being used by a department, division, instrumentality, agency, or
114 employee of:
115 (i) the federal government;
116 (ii) the state and any of its agencies; or
117 (iii) a political subdivision of the state, including school districts.
118 (2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
119 inspection and maintenance program certificate of emissions inspection as described in
120 Subsection (1), but the program may not deny vehicle registration based solely on the presence
121 of a defeat device covered in the Volkswagen partial consent decrees or a United States
122 Environmental Protection Agency-approved vehicle modification in the following vehicles:
123 (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
124 emissions are mitigated in the state pursuant to a partial consent decree, including:
125 (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
126 (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
127 2014;
128 (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
129 (iv) Volkswagen Golf Sportwagen, model year 2015;
130 (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
131 (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
132 (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
133 (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
134 (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
135 emissions are mitigated in the state to a settlement, including:
136 (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
137 2016;
138 (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
139 (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
140 (iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
141 (v) Audi A8, model years 2014, 2015, and 2016;
142 (vi) Audi A8L, model years 2014, 2015, and 2016;
143 (vii) Audi Q5, model years 2014, 2015, and 2016; and
144 (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
145 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
146 with the Air Quality Board created under Section 19-1-106, shall make regulations or
147 ordinances regarding:
148 (i) emissions standards;
149 (ii) test procedures;
150 (iii) inspections stations;
151 (iv) repair requirements and dollar limits for correction of deficiencies; and
152 (v) certificates of emissions inspections.
153 (b) In accordance with Subsection (3)(a), a county legislative body:
154 (i) shall make regulations or ordinances to attain or maintain ambient air quality
155 standards in the county, consistent with the state implementation plan and federal
156 requirements;
157 (ii) may allow for a phase-in of the program by geographical area; and
158 (iii) shall comply with the analyzer design and certification requirements contained in
159 the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
160 (c) The county legislative body and the Air Quality Board shall give preference to an
161 inspection and maintenance program that:
162 (i) is decentralized, to the extent the decentralized program will attain and maintain
163 ambient air quality standards and meet federal requirements;
164 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
165 regard to ambient air quality standards and to meet federal air quality requirements as related to
166 vehicle emissions; and
167 (iii) provides a reasonable phase-out period for replacement of air pollution emission
168 testing equipment made obsolete by the program.
169 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
170 (i) may be accomplished in accordance with applicable federal requirements; and
171 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
172 quality standards.
173 (4) The following vehicles are exempt from an emissions inspection program and the
174 provisions of this section:
175 (a) an implement of husbandry as defined in Section 41-1a-102;
176 (b) a motor vehicle that:
177 (i) meets the definition of a farm truck under Section 41-1a-102; and
178 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
179 (c) a vintage vehicle as defined in Section 41-21-1;
180 (d) a custom vehicle as defined in Section 41-6a-1507;
181 (e) to the extent allowed under the current federally approved state implementation
182 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
183 vehicle that is less than two years old on January 1 based on the age of the vehicle as
184 determined by the model year identified by the manufacturer;
185 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
186 of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
187 statement to the legislative body stating the truck is used:
188 (i) by the owner or operator of a farm located on property that qualifies as land in
189 agricultural use under Sections 59-2-502 and 59-2-503; and
190 (ii) exclusively for the following purposes in operating the farm:
191 (A) for the transportation of farm products, including livestock and its products,
192 poultry and its products, floricultural and horticultural products; and
193 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
194 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
195 and maintenance;
196 (g) a motorcycle as defined in Section 41-1a-102;
197 (h) a motor vehicle powered solely by electric power; and
198 (i) a motor vehicle with a model year of 1967 or older.
199 (5) The county shall issue to the registered owner who signs and submits a signed
200 statement under Subsection (4)(f) a certificate of exemption from emissions inspection
201 requirements for purposes of registering the exempt vehicle.
202 (6) A legislative body of a county described in Subsection (1) may exempt from an
203 emissions inspection program a diesel-powered motor vehicle with a:
204 (a) gross vehicle weight rating of more than 14,000 pounds; or
205 (b) model year of 1997 or older.
206 (7) (a) The legislative body of a county described in Subsection (1) that does not
207 require an emissions inspection for diesel-powered motor vehicles as of December 31, 2017,
208 shall implement a three-year pilot program as described in Subsection (7)(b).
209 (b) Beginning on January 1, 2019, and ending on December 31, 2021, the legislative
210 body of a county described in Subsection (7)(a) shall require:
211 (i) a computerized emissions inspection for a diesel-powered motor vehicle that has:
212 (A) a model year of 2007 or newer;
213 (B) a gross vehicle weight rating of 14,000 pounds or less; and
214 (C) a model year that is five years old or older; and
215 (ii) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
216 (A) with a gross vehicle weight rating of 14,000 pounds or less;
217 (B) that has a model year of 1998 or newer; and
218 (C) that has a model year that is five years old or older.
219 (c) (i) The legislative body of a county that participates in the pilot program described
220 in this Subsection (7) shall prepare a report including:
221 (A) the total number of diesel-powered vehicles inspected as part of the pilot program
222 using computerized technology;
223 (B) the passage and failure rates of the diesel-powered motor vehicles inspected as part
224 of the pilot program using computerized technology, shown by model year;
225 (C) the total number of diesel-powered vehicles visually inspected as part of the pilot
226 program;
227 (D) the passage and failure rates of the diesel-powered motor vehicles visually
228 inspected as part of the pilot program, shown by model year;
229 (E) the total number of diesel-powered vehicles visually inspected as part of the pilot
230 program where tampering with emissions equipment was found, shown by model year; and
231 (F) any other information the executive body or individual considers relevant.
232 (ii) The legislative body of a county that participates in the pilot program described in
233 this Subsection (7) shall present the report described in Subsection (7)(c)(i) to the Natural
234 Resources, Agriculture, and Environment Interim Committee:
235 (A) one time after January 1, 2020, but before August 31, 2020; and
236 (B) one time after January 1, 2021, but before August 31, 2021.
237 (d) After each report described in Subsection (7)(c), the Division of Air Quality created
238 in Section 19-1-105 shall provide to the Natural Resources, Agriculture, and Environment
239 Interim Committee and the legislative body of a county participating in the pilot program an
240 estimate of the tons of pollution emitted due to the failure rate of the diesel-powered motor
241 vehicles in the pilot program.
242 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
243 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
244 which an emissions inspection and maintenance program is necessary to attain or maintain any
245 national ambient air quality standard may require each college or university located in a county
246 subject to this section to require its students and employees who park a motor vehicle not
247 registered in a county subject to this section to provide proof of compliance with an emissions
248 inspection accepted by the county legislative body if the motor vehicle is parked on the college
249 or university campus or property.
250 (b) College or university parking areas that are metered or for which payment is
251 required per use are not subject to the requirements of this Subsection (8).
252 (c) The legislative body of a county shall make the reasons for implementing the
253 provisions of this Subsection (8) part of the record at the time that the county legislative body
254 takes its official action to implement the provisions of this Subsection (8).
255 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
256 for each motor vehicle that meets the inspection and maintenance program requirements
257 established in Subsection 41-6a-1626(1) and in rules made under Subsection (3).
258 (b) The frequency of the emissions inspection shall be determined based on the age of
259 the vehicle as determined by model year and shall be required annually subject to the
260 provisions of Subsection (9)(c).
261 (c) (i) To the extent allowed under the current federally approved state implementation
262 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
263 body of a county identified in Subsection (1) shall only require the emissions inspection every
264 two years for each vehicle.
265 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
266 years old on January 1.
267 (iii) For a county required to implement a new vehicle emissions inspection and
268 maintenance program on or after December 1, 2012, under Subsection (1), but for which no
269 current federally approved state implementation plan exists, a vehicle shall be tested at a
270 frequency determined by the county legislative body, in consultation with the Air Quality
271 Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
272 maintain any national ambient air quality standard.
273 (iv) If a county legislative body establishes or changes the frequency of a vehicle
274 emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
275 or change shall take effect on January 1 if the State Tax Commission receives notice meeting
276 the requirements of Subsection (9)(c)(v) from the county before October 1.
277 (v) The notice described in Subsection (9)(c)(iv) shall:
278 (A) state that the county will establish or change the frequency of the vehicle emissions
279 inspection and maintenance program under this section;
280 (B) include a copy of the ordinance establishing or changing the frequency; and
281 (C) if the county establishes or changes the frequency under this section, state how
282 frequently the emissions testing will be required.
283 (d) If an emissions inspection is only required every two years for a vehicle under
284 Subsection(9)(c), the inspection shall be required for the vehicle in:
285 (i) odd-numbered years for vehicles with odd-numbered model years; or
286 (ii) in even-numbered years for vehicles with even-numbered model years.
287 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
288 required under this section may be made no more than two months before the renewal of
289 registration.
290 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
291 emissions inspection certificate issued for the motor vehicle during the previous 11 months to
292 satisfy the requirement under this section.
293 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
294 use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
295 motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
296 this section.
297 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
298 lessee may use an emissions inspection certificate issued during the previous 11 months to
299 satisfy the requirement under this section.
300 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
301 use an emissions inspection made more than 11 months before the renewal of registration to
302 satisfy the requirement under this section.
303 (e) If the application for renewal of registration is for a six-month registration period
304 under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
305 the previous eight months to satisfy the requirement under this section.
306 (11) (a) A county identified in Subsection (1) shall collect information about and
307 monitor the program.
308 (b) A county identified in Subsection (1) shall supply this information to an appropriate
309 legislative committee, as designated by the Legislative Management Committee, at times
310 determined by the designated committee to identify program needs, including funding needs.
311 (12) If approved by the county legislative body, a county that had an established
312 emissions inspection fee as of January 1, 2002, may increase the established fee that an
313 emissions inspection station may charge by $2.50 for each year that is exempted from
314 emissions inspections under Subsection (9)(c) up to a $7.50 increase.
315 (13) (a) A county identified in Subsection (1) may impose a local emissions
316 compliance fee on each motor vehicle registration within the county in accordance with the
317 procedures and requirements of Section 41-1a-1223.
318 (b) A county that imposes a local emissions compliance fee may use revenues
319 generated from the fee for the establishment and enforcement of an emissions inspection and
320 maintenance program in accordance with the requirements of this section.
321 (c) A county that imposes a local emissions compliance fee may use revenues
322 generated from the fee to promote programs to maintain a local, state, or national ambient air
323 quality standard.
324 Section 3. Effective date.
325 This bill takes effect on January 1, 2021.