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7 LONG TITLE
8 General Description:
9 This bill requires an emissions inspection station, at the time of an emissions
10 inspection, to inspect the lights and lamps to ensure the lights and lamps are functioning
11 properly.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires an emissions inspection station, at the time of an emissions inspection, to
15 inspect the lights and lamps to ensure the lights and lamps are functioning properly;
16 and
17 ▸ requires the emissions inspection station to inform the owner of the vehicle if the
18 lights and lamps are not functioning properly.
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 2020, Chapter 83
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 emissions inspection, or waiver of the certificate, more often
40 than required under Subsection (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) In accordance with Subsection (3)(a), a county legislative body:
83 (i) shall make regulations or ordinances to attain or maintain ambient air quality
84 standards in the county, consistent with the state implementation plan and federal
85 requirements;
86 (ii) may allow for a phase-in of the program by geographical area; and
87 (iii) shall comply with the analyzer design and certification requirements contained in
88 the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
89 (c) The county legislative body and the Air Quality Board shall give preference to an
90 inspection and maintenance program that:
91 (i) is decentralized, to the extent the decentralized program will attain and maintain
92 ambient air quality standards and meet federal requirements;
93 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
94 regard to ambient air quality standards and to meet federal air quality requirements as related to
95 vehicle emissions; and
96 (iii) provides a reasonable phase-out period for replacement of air pollution emission
97 testing equipment made obsolete by the program.
98 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
99 (i) may be accomplished in accordance with applicable federal requirements; and
100 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
101 quality standards.
102 (4) The following vehicles are exempt from an emissions inspection program and the
103 provisions of this section:
104 (a) an implement of husbandry as defined in Section 41-1a-102;
105 (b) a motor vehicle that:
106 (i) meets the definition of a farm truck under Section 41-1a-102; and
107 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
108 (c) a vintage vehicle as defined in Section 41-21-1;
109 (d) a custom vehicle as defined in Section 41-6a-1507;
110 (e) to the extent allowed under the current federally approved state implementation
111 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
112 vehicle that is less than two years old on January 1 based on the age of the vehicle as
113 determined by the model year identified by the manufacturer;
114 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
115 of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
116 statement to the legislative body stating the truck is used:
117 (i) by the owner or operator of a farm located on property that qualifies as land in
118 agricultural use under Sections 59-2-502 and 59-2-503; and
119 (ii) exclusively for the following purposes in operating the farm:
120 (A) for the transportation of farm products, including livestock and its products,
121 poultry and its products, floricultural and horticultural products; and
122 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
123 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
124 and maintenance;
125 (g) a motorcycle as defined in Section 41-1a-102;
126 (h) an electric motor vehicle as defined in Section 41-1a-102; and
127 (i) a motor vehicle with a model year of 1967 or older.
128 (5) The county shall issue to the registered owner who signs and submits a signed
129 statement under Subsection (4)(f) a certificate of exemption from emissions inspection
130 requirements for purposes of registering the exempt vehicle.
131 (6) A legislative body of a county described in Subsection (1) may exempt from an
132 emissions inspection program a diesel-powered motor vehicle with a:
133 (a) gross vehicle weight rating of more than 14,000 pounds; or
134 (b) model year of 1997 or older.
135 (7) (a) The legislative body of a county described in Subsection (1) that does not
136 require an emissions inspection for diesel-powered motor vehicles as of December 31, 2017,
137 shall implement a three-year pilot program as described in Subsection (7)(b).
138 (b) Beginning on January 1, 2019, and ending on December 31, 2021, the legislative
139 body of a county described in Subsection (7)(a) shall require:
140 (i) a computerized emissions inspection for a diesel-powered motor vehicle that has:
141 (A) a model year of 2007 or newer;
142 (B) a gross vehicle weight rating of 14,000 pounds or less; and
143 (C) a model year that is five years old or older; and
144 (ii) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
145 (A) with a gross vehicle weight rating of 14,000 pounds or less;
146 (B) that has a model year of 1998 or newer; and
147 (C) that has a model year that is five years old or older.
148 (c) (i) The legislative body of a county that participates in the pilot program described
149 in this Subsection (7) shall prepare a report including:
150 (A) the total number of diesel-powered vehicles inspected as part of the pilot program
151 using computerized technology;
152 (B) the passage and failure rates of the diesel-powered motor vehicles inspected as part
153 of the pilot program using computerized technology, shown by model year;
154 (C) the total number of diesel-powered vehicles visually inspected as part of the pilot
155 program;
156 (D) the passage and failure rates of the diesel-powered motor vehicles visually
157 inspected as part of the pilot program, shown by model year;
158 (E) the total number of diesel-powered vehicles visually inspected as part of the pilot
159 program where tampering with emissions equipment was found, shown by model year; and
160 (F) any other information the executive body or individual considers relevant.
161 (ii) The legislative body of a county that participates in the pilot program described in
162 this Subsection (7) shall present the report described in Subsection (7)(c)(i) to the Natural
163 Resources, Agriculture, and Environment Interim Committee:
164 (A) one time after January 1, 2020, but before August 31, 2020; and
165 (B) one time after January 1, 2021, but before August 31, 2021.
166 (d) After each report described in Subsection (7)(c), the Division of Air Quality created
167 in Section 19-1-105 shall provide to the Natural Resources, Agriculture, and Environment
168 Interim Committee and the legislative body of a county participating in the pilot program an
169 estimate of the tons of pollution emitted due to the failure rate of the diesel-powered motor
170 vehicles in the pilot program.
171 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
172 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
173 which an emissions inspection and maintenance program is necessary to attain or maintain any
174 national ambient air quality standard may require each college or university located in a county
175 subject to this section to require its students and employees who park a motor vehicle not
176 registered in a county subject to this section to provide proof of compliance with an emissions
177 inspection accepted by the county legislative body if the motor vehicle is parked on the college
178 or university campus or property.
179 (b) College or university parking areas that are metered or for which payment is
180 required per use are not subject to the requirements of this Subsection (8).
181 (c) The legislative body of a county shall make the reasons for implementing the
182 provisions of this Subsection (8) part of the record at the time that the county legislative body
183 takes its official action to implement the provisions of this Subsection (8).
184 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
185 for each motor vehicle that meets the inspection and maintenance program requirements
186 established in rules made under Subsection (3).
187 (b) The frequency of the emissions inspection shall be determined based on the age of
188 the vehicle as determined by model year and shall be required annually subject to the
189 provisions of Subsection (9)(c).
190 (c) (i) To the extent allowed under the current federally approved state implementation
191 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
192 body of a county identified in Subsection (1) shall only require the emissions inspection every
193 two years for each vehicle.
194 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
195 years old on January 1.
196 (iii) For a county required to implement a new vehicle emissions inspection and
197 maintenance program on or after December 1, 2012, under Subsection (1), but for which no
198 current federally approved state implementation plan exists, a vehicle shall be tested at a
199 frequency determined by the county legislative body, in consultation with the Air Quality
200 Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
201 maintain any national ambient air quality standard.
202 (iv) If a county legislative body establishes or changes the frequency of a vehicle
203 emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
204 or change shall take effect on January 1 if the State Tax Commission receives notice meeting
205 the requirements of Subsection (9)(c)(v) from the county before October 1.
206 (v) The notice described in Subsection (9)(c)(iv) shall:
207 (A) state that the county will establish or change the frequency of the vehicle emissions
208 inspection and maintenance program under this section;
209 (B) include a copy of the ordinance establishing or changing the frequency; and
210 (C) if the county establishes or changes the frequency under this section, state how
211 frequently the emissions testing will be required.
212 (d) If an emissions inspection is only required every two years for a vehicle under
213 Subsection(9)(c), the inspection shall be required for the vehicle in:
214 (i) odd-numbered years for vehicles with odd-numbered model years; or
215 (ii) in even-numbered years for vehicles with even-numbered model years.
216 (e) At the time of an emissions inspection, an emissions inspection station shall:
217 (i) perform an inspection of the lights and lamps required under this part; and
218 (ii) if any lights or lamps are not functioning properly, inform the owner of the vehicle.
219 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
220 required under this section may be made no more than two months before the renewal of
221 registration.
222 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
223 emissions inspection certificate issued for the motor vehicle during the previous 11 months to
224 satisfy the requirement under this section.
225 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
226 use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
227 motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
228 this section.
229 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
230 lessee may use an emissions inspection certificate issued during the previous 11 months to
231 satisfy the requirement under this section.
232 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
233 use an emissions inspection made more than 11 months before the renewal of registration to
234 satisfy the requirement under this section.
235 (e) If the application for renewal of registration is for a six-month registration period
236 under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
237 the previous eight months to satisfy the requirement under this section.
238 (11) (a) A county identified in Subsection (1) shall collect information about and
239 monitor the program.
240 (b) A county identified in Subsection (1) shall supply this information to an appropriate
241 legislative committee, as designated by the Legislative Management Committee, at times
242 determined by the designated committee to identify program needs, including funding needs.
243 (12) If approved by the county legislative body, a county that had an established
244 emissions inspection fee as of January 1, 2002, may increase the established fee that an
245 emissions inspection station may charge by $2.50 for each year that is exempted from
246 emissions inspections under Subsection (9)(c) up to a $7.50 increase.
247 (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
248 Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
249 within the county in accordance with the procedures and requirements of Section 41-1a-1223.
250 (b) A county that imposes a local emissions compliance fee may use revenues
251 generated from the fee for the establishment and enforcement of an emissions inspection and
252 maintenance program in accordance with the requirements of this section.
253 (c) A county that imposes a local emissions compliance fee may use revenues
254 generated from the fee to promote programs to maintain a local, state, or national ambient air
255 quality standard.