Senator Todd D. Weiler proposes the following substitute bill:


1     
VEHICLE REGISTRATION MODIFICATIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill allows a county to investigate to determine if a vehicle owner has provided a
10     false or an improper address to avoid an emissions inspection.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a county to investigate to determine if a vehicle owner has provided a false
14     or an improper address to register a vehicle to avoid an emissions inspection;
15          ▸     allows a county to impose a civil penalty; and
16          ▸     makes technical changes.
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 2021, Chapter 322
24     

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 emissions inspection, or waiver of the certificate, more often
38     than required under Subsection (9); 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) In accordance with Subsection (3)(a), a county legislative body:
81          (i) shall make regulations or ordinances to attain or maintain ambient air quality
82     standards in the county, consistent with the state implementation plan and federal
83     requirements;
84          (ii) may allow for a phase-in of the program by geographical area; and
85          (iii) shall comply with the analyzer design and certification requirements contained in
86     the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
87          (c) The county legislative body and the Air Quality Board shall give preference to an

88     inspection and maintenance program that:
89          (i) is decentralized, to the extent the decentralized program will attain and maintain
90     ambient air quality standards and meet federal requirements;
91          (ii) is the most cost effective means to achieve and maintain the maximum benefit with
92     regard to ambient air quality standards and to meet federal air quality requirements as related to
93     vehicle emissions; and
94          (iii) provides a reasonable phase-out period for replacement of air pollution emission
95     testing equipment made obsolete by the program.
96          (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
97          (i) may be accomplished in accordance with applicable federal requirements; and
98          (ii) does not otherwise interfere with the attainment and maintenance of ambient air
99     quality standards.
100          (4) The following vehicles are exempt from an emissions inspection program and the
101     provisions of this section:
102          (a) an implement of husbandry as defined in Section 41-1a-102;
103          (b) a motor vehicle that:
104          (i) meets the definition of a farm truck under Section 41-1a-102; and
105          (ii) has a gross vehicle weight rating of 12,001 pounds or more;
106          (c) a vintage vehicle as defined in Section 41-21-1;
107          (d) a custom vehicle as defined in Section 41-6a-1507;
108          (e) to the extent allowed under the current federally approved state implementation
109     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
110     vehicle that is less than two years old on January 1 based on the age of the vehicle as
111     determined by the model year identified by the manufacturer;
112          (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
113     of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
114     statement to the legislative body stating the truck is used:
115          (i) by the owner or operator of a farm located on property that qualifies as land in
116     agricultural use under Sections 59-2-502 and 59-2-503; and
117          (ii) exclusively for the following purposes in operating the farm:
118          (A) for the transportation of farm products, including livestock and its products,

119     poultry and its products, floricultural and horticultural products; and
120          (B) in the transportation of farm supplies, including tile, fence, and every other thing or
121     commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
122     and maintenance;
123          (g) a motorcycle as defined in Section 41-1a-102;
124          (h) an electric motor vehicle as defined in Section 41-1a-102; and
125          (i) a motor vehicle with a model year of 1967 or older.
126          (5) The county shall issue to the registered owner who signs and submits a signed
127     statement under Subsection (4)(f) a certificate of exemption from emissions inspection
128     requirements for purposes of registering the exempt vehicle.
129          (6) A legislative body of a county described in Subsection (1) may exempt from an
130     emissions inspection program a diesel-powered motor vehicle with a:
131          (a) gross vehicle weight rating of more than 14,000 pounds; or
132          (b) model year of 1997 or older.
133          (7) The legislative body of a county required under federal law to utilize a motor
134     vehicle emissions inspection program shall require:
135          (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
136          (i) a model year of 2007 or newer;
137          (ii) a gross vehicle weight rating of 14,000 pounds or less; and
138          (iii) a model year that is five years old or older; and
139          (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
140          (i) with a gross vehicle weight rating of 14,000 pounds or less;
141          (ii) that has a model year of 1998 or newer; and
142          (iii) that has a model year that is five years old or older.
143          (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
144     federal law to utilize a motor vehicle emissions inspection and maintenance program or in
145     which an emissions inspection and maintenance program is necessary to attain or maintain any
146     national ambient air quality standard may require each college or university located in a county
147     subject to this section to require its students and employees who park a motor vehicle not
148     registered in a county subject to this section to provide proof of compliance with an emissions
149     inspection accepted by the county legislative body if the motor vehicle is parked on the college

150     or university campus or property.
151          (b) College or university parking areas that are metered or for which payment is
152     required per use are not subject to the requirements of this Subsection (8).
153          (c) The legislative body of a county shall make the reasons for implementing the
154     provisions of this Subsection (8) part of the record at the time that the county legislative body
155     takes its official action to implement the provisions of this Subsection (8).
156          (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
157     for each motor vehicle that meets the inspection and maintenance program requirements
158     established in rules made under Subsection (3).
159          (b) The frequency of the emissions inspection shall be determined based on the age of
160     the vehicle as determined by model year and shall be required annually subject to the
161     provisions of Subsection (9)(c).
162          (c) (i) To the extent allowed under the current federally approved state implementation
163     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
164     body of a county identified in Subsection (1) shall only require the emissions inspection every
165     two years for each vehicle.
166          (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
167     years old on January 1.
168          (iii) For a county required to implement a new vehicle emissions inspection and
169     maintenance program on or after December 1, 2012, under Subsection (1), but for which no
170     current federally approved state implementation plan exists, a vehicle shall be tested at a
171     frequency determined by the county legislative body, in consultation with the Air Quality
172     Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
173     maintain any national ambient air quality standard.
174          (iv) If a county legislative body establishes or changes the frequency of a vehicle
175     emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
176     or change shall take effect on January 1 if the State Tax Commission receives notice meeting
177     the requirements of Subsection (9)(c)(v) from the county before October 1.
178          (v) The notice described in Subsection (9)(c)(iv) shall:
179          (A) state that the county will establish or change the frequency of the vehicle emissions
180     inspection and maintenance program under this section;

181          (B) include a copy of the ordinance establishing or changing the frequency; and
182          (C) if the county establishes or changes the frequency under this section, state how
183     frequently the emissions testing will be required.
184          (d) If an emissions inspection is only required every two years for a vehicle under
185     Subsection (9)(c), the inspection shall be required for the vehicle in:
186          (i) odd-numbered years for vehicles with odd-numbered model years; or
187          (ii) in even-numbered years for vehicles with even-numbered model years.
188          (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
189     required under this section may be made no more than two months before the renewal of
190     registration.
191          (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
192     emissions inspection certificate issued for the motor vehicle during the previous 11 months to
193     satisfy the requirement under this section.
194          (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
195     use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
196     motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
197     this section.
198          (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
199     lessee may use an emissions inspection certificate issued during the previous 11 months to
200     satisfy the requirement under this section.
201          (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
202     use an emissions inspection made more than 11 months before the renewal of registration to
203     satisfy the requirement under this section.
204          (e) If the application for renewal of registration is for a six-month registration period
205     under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
206     the previous eight months to satisfy the requirement under this section.
207          (11) (a) A county identified in Subsection (1) shall collect information about and
208     monitor the program.
209          (b) A county identified in Subsection (1) shall supply this information to an appropriate
210     legislative committee, as designated by the Legislative Management Committee, at times
211     determined by the designated committee to identify program needs, including funding needs.

212          (12) If approved by the county legislative body, a county that had an established
213     emissions inspection fee as of January 1, 2002, may increase the established fee that an
214     emissions inspection station may charge by $2.50 for each year that is exempted from
215     emissions inspections under Subsection (9)(c) up to a $7.50 increase.
216          (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
217     Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
218     within the county in accordance with the procedures and requirements of Section 41-1a-1223.
219          (b) A county that imposes a local emissions compliance fee may use revenues
220     generated from the fee for the establishment and enforcement of an emissions inspection and
221     maintenance program in accordance with the requirements of this section.
222          (c) A county that imposes a local emissions compliance fee may use revenues
223     generated from the fee to promote programs to maintain a local, state, or national ambient air
224     quality standard.
225          (14) (a) If a county has reason to believe that a vehicle owner has provided an address
226     as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county
227     other than the county of the bona fide residence of the owner in order to avoid an emissions
228     inspection required under this section, the county may investigate and gather evidence to
229     determine whether the vehicle owner has used a false address or an address other than the
230     vehicle owner's bona fide residence or place of business.
231          (b) If a county conducts an investigation as described in Subsection (14)(a) and
232     determines that the vehicle owner has used a false or improper address in an effort to avoid an
233     emissions inspection as required in this section, the county may impose a civil penalty of
234     $1,000.