1     
EMISSIONS REGULATION AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Andrew Stoddard

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill prohibits the Division of Motor Vehicles from registering a motor vehicle in
10     certain counties if the motor vehicles meets certain criteria.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     prohibits the Division of Motor Vehicles from registering a motor vehicle in certain
15     counties if the motor vehicle has a gross vehicle weight rating of more than 14,000
16     pounds and emits a certain level of nitrogen oxides;
17          ▸     removes a provision allowing a county to exempt certain vehicles from emissions
18     inspections; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          19-2-102, as last amended by Laws of Utah 2015, Chapter 154
27          41-1a-202, as last amended by Laws of Utah 2023, Chapters 81, 532

28          41-6a-1642, as last amended by Laws of Utah 2023, Chapters 22, 33 and 532
29     ENACTS:
30          19-2-105.5, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 19-2-102 is amended to read:
34          19-2-102. Definitions.
35          As used in this chapter:
36          (1) "Air pollutant" means a substance that qualifies as an air pollutant as defined in 42
37     U.S.C. Sec. 7602.
38          (2) "Air pollutant source" means private and public sources of emissions of air
39     pollutants.
40          (3) "Air pollution" means the presence of an air pollutant in the ambient air in the
41     quantities, for a duration, and under the conditions and circumstances that are injurious to
42     human health or welfare, animal or plant life, or property, or would unreasonably interfere with
43     the enjoyment of life or use of property, as determined by the rules adopted by the board.
44          (4) "Ambient air" means that portion of the atmosphere, external to buildings, to which
45     the general public has access.
46          (5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite
47     (crocidolite), cummingtonite-grunerite, anthophyllite, actinolite-tremolite, and libby
48     amphibole.
49          (6) "Asbestos-containing material" means a material containing more than 1%
50     asbestos, as determined using the method adopted in 40 C.F.R. Part 61, Subpart M, National
51     Emission Standard for Asbestos.
52          (7) "Asbestos inspection" means an activity undertaken to determine the presence or
53     location, or to assess the condition of, asbestos-containing material or suspected
54     asbestos-containing material, whether by visual or physical examination, or by taking samples
55     of the material.
56          (8) "Brake horsepower" means the actual horsepower of an engine, measured by a
57     brake attached to the drive shaft and recorded on a dynamometer.
58          (9) "Brake horsepower hour" means a unit of energy or work, equal to the work done

59     by a mechanism with a power output of one brake horsepower over a period of one hour.
60          [(8)] (10) "Board" means the Air Quality Board.
61          [(9)] (11) "Clean school bus" means the same as that term is defined in 42 U.S.C. Sec.
62     16091.
63          [(10)] (12) "Director" means the director of the Division of Air Quality.
64          [(11)] (13) "Division" means the Division of Air Quality created in Section 19-1-105.
65          [(12)] (14) "Friable asbestos-containing material" means a material containing more
66     than 1% asbestos, as determined using the method adopted in 40 C.F.R. Part 61, Subpart M,
67     National Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or reduce
68     to powder when dry.
69          [(13)] (15) "Indirect source" means a facility, building, structure, or installation which
70     attracts or may attract mobile source activity that results in emissions of a pollutant for which
71     there is a national standard.
72          (16) "Oxides of nitrogen" or "nitrogen oxides" means the same as that term is defined
73     in 40 C.F.R. Sec. 86.082-2.
74          Section 2. Section 19-2-105.5 is enacted to read:
75          19-2-105.5. Heavy-duty motor vehicle prohibitions.
76          The division shall:
77          (1) create and maintain a comprehensive list of the manufactured year, manufacturer,
78     and model of each motor vehicle that:
79          (a) has a gross vehicle weight rating of more than 14,000 pounds; and
80          (b) emits 0.21 grams, or more, of nitrogen oxides per brake horsepower hour; and
81          (2) make the list described in Subsection (1) available to the public on the division's
82     website.
83          Section 3. Section 41-1a-202 is amended to read:
84          41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of
85     vehicles after establishing residency -- Vehicles prohibited from registration.
86          (1) In this section:
87          (a) "Domicile" means the place:
88          (i) where an individual has a fixed permanent home and principal establishment;
89          (ii) to which the individual if absent, intends to return; and

90          (iii) in which the individual and his family voluntarily reside, not for a special or
91     temporary purpose, but with the intention of making a permanent home.
92          (b) (i) "Resident" means any of the following:
93          (A) an individual who:
94          (I) has established a domicile in this state;
95          (II) regardless of domicile, remains in this state for an aggregate period of six months
96     or more during any calendar year;
97          (III) engages in a trade, profession, or occupation in this state or who accepts
98     employment in other than seasonal work in this state and who does not commute into the state;
99          (IV) declares himself to be a resident of this state for the purpose of obtaining a driver
100     license or motor vehicle registration; or
101          (V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
102     nonresidents, including going to school, or placing children in school without paying
103     nonresident tuition or fees; or
104          (B) any individual, partnership, limited liability company, firm, corporation,
105     association, or other entity that:
106          (I) maintains a main office, branch office, or warehouse facility in this state and that
107     bases and operates a motor vehicle in this state; or
108          (II) operates a motor vehicle in intrastate transportation for other than seasonal work.
109          (ii) "Resident" does not include any of the following:
110          (A) a member of the military temporarily stationed in Utah;
111          (B) an out-of-state student, as classified by the institution of higher education, enrolled
112     with the equivalent of seven or more quarter hours, regardless of whether the student engages
113     in a trade, profession, or occupation in this state or accepts employment in this state; and
114          (C) an individual domiciled in another state or a foreign country that:
115          (I) is engaged in public, charitable, educational, or religious services for a government
116     agency or an organization that qualifies for tax-exempt status under Internal Revenue Code
117     Section 501(c)(3);
118          (II) is not compensated for services rendered other than expense reimbursements; and
119          (III) is temporarily in Utah for a period not to exceed 24 months.
120          (iii) Notwithstanding Subsections (1)(b)(i) and (ii), "resident" includes the owner of a

121     vehicle equipped with an automated driving system as defined in Section 41-26-102.1 if the
122     vehicle is physically present in the state for more than 30 consecutive days in a calendar year.
123          (2) (a) Registration under this chapter is not required for any:
124          (i) vehicle registered in another state and owned by a nonresident of the state or
125     operating under a temporary registration permit issued by the division or a dealer authorized by
126     this chapter, driven or moved upon a highway in conformance with the provisions of this
127     chapter relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;
128          (ii) vehicle driven or moved upon a highway only for the purpose of crossing the
129     highway from one property to another;
130          (iii) implement of husbandry, whether of a type otherwise subject to registration or not,
131     that is only incidentally operated or moved upon a highway;
132          (iv) special mobile equipment;
133          (v) vehicle owned or leased by the federal government;
134          (vi) motor vehicle not designed, used, or maintained for the transportation of
135     passengers for hire or for the transportation of property if the motor vehicle is registered in
136     another state and is owned and operated by a nonresident of this state;
137          (vii) vehicle or combination of vehicles designed, used, or maintained for the
138     transportation of persons for hire or for the transportation of property if the vehicle or
139     combination of vehicles is registered in another state and is owned and operated by a
140     nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight
141     of 26,000 pounds or less;
142          (viii) trailer of 750 pounds or less unladen weight and not designed, used, and
143     maintained for hire for the transportation of property or person;
144          (ix) single-axle trailer unless that trailer is:
145          (A) a commercial vehicle;
146          (B) a trailer designed, used, and maintained for hire for the transportation of property
147     or person; or
148          (C) a travel trailer, camping trailer, or fifth wheel trailer of 750 pounds or more laden
149     weight;
150          (x) manufactured home or mobile home;
151          (xi) off-highway vehicle currently registered under Section 41-22-3 if the off-highway

152     vehicle is:
153          (A) being towed;
154          (B) operated on a street or highway designated as open to off-highway vehicle use; or
155          (C) operated in the manner prescribed in Subsections 41-22-10.3(1) through (3);
156          (xii) off-highway implement of husbandry operated in the manner prescribed in
157     Subsections 41-22-5.5(3) through (5);
158          (xiii) modular and prebuilt homes conforming to the uniform building code and
159     presently regulated by the United States Department of Housing and Urban Development that
160     are not constructed on a permanent chassis;
161          (xiv) electric assisted bicycle defined under Section 41-6a-102;
162          (xv) motor assisted scooter defined under Section 41-6a-102; or
163          (xvi) electric personal assistive mobility device defined under Section 41-6a-102.
164          (b) For purposes of an implement of husbandry as described in Subsection (2)(a)(iii),
165     incidental operation on a highway includes operation that is:
166          (i) transportation of raw agricultural materials or other agricultural related operations;
167     and
168          (ii) limited to 100 miles round trip on a highway.
169          (3) Unless otherwise exempted under Subsection (2), registration under this chapter is
170     required for any motor vehicle, combination of vehicles, trailer, semitrailer, vintage vehicle, or
171     restored-modified vehicle within 60 days of the owner establishing residency in this state.
172          (4) A motor vehicle that is registered under Section 41-3-306 is exempt from the
173     registration requirements of this part for the time period that the registration under Section
174     41-3-306 is valid.
175          (5) A vehicle that has been issued a nonrepairable certificate may not be registered
176     under this chapter.
177          (6) (a) Beginning January 1, 2027, the division may not register a motor vehicle
178     included on the list described in Section 19-2-105.5 in the following counties:
179          (i) Box Elder;
180          (ii) Davis;
181          (iii) Salt Lake;
182          (iv) Tooele;

183          (v) Utah; or
184          (vi) Weber.
185          (b) The division shall provide a link on the division's website directing an individual to
186     the list of prohibited motor vehicles described in Section 19-2-105.5.
187          Section 4. Section 41-6a-1642 is amended to read:
188          41-6a-1642. Emissions inspection -- County program.
189          (1) The legislative body of each county required under federal law to utilize a motor
190     vehicle emissions inspection and maintenance program or in which an emissions inspection
191     and maintenance program is necessary to attain or maintain any national ambient air quality
192     standard shall require:
193          (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
194     is exempt from emissions inspection and maintenance program requirements be presented:
195          (i) as a condition of registration or renewal of registration; and
196          (ii) at other times as the county legislative body may require to enforce inspection
197     requirements for individual motor vehicles, except that the county legislative body may not
198     routinely require a certificate of emissions inspection, or waiver of the certificate, more often
199     than required under Subsection (9); and
200          (b) compliance with this section for a motor vehicle registered or principally operated
201     in the county and owned by or being used by a department, division, instrumentality, agency, or
202     employee of:
203          (i) the federal government;
204          (ii) the state and any of its agencies; or
205          (iii) a political subdivision of the state, including school districts.
206          (2) (a) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle
207     emissions inspection and maintenance program certificate of emissions inspection as described
208     in Subsection (1), but the program may not deny vehicle registration based solely on the
209     presence of a defeat device covered in the Volkswagen partial consent decrees or a United
210     States Environmental Protection Agency-approved vehicle modification in the following
211     vehicles:
212          (i) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide emissions
213     are mitigated in the state pursuant to a partial consent decree, including:

214          (A) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
215          (B) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
216     2014;
217          (C) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
218          (D) Volkswagen Golf Sportwagen, model year 2015;
219          (E) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
220          (F) Volkswagen Beetle, model years 2013, 2014, and 2015;
221          (G) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
222          (H) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
223          (ii) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
224     emissions are mitigated in the state to a settlement, including:
225          (A) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
226     2016;
227          (B) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
228          (C) Audi A6 Quattro, model years 2014, 2015, and 2016;
229          (D) Audi A7 Quattro, model years 2014, 2015, and 2016;
230          (E) Audi A8, model years 2014, 2015, and 2016;
231          (F) Audi A8L, model years 2014, 2015, and 2016;
232          (G) Audi Q5, model years 2014, 2015, and 2016; and
233          (H) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
234          (b) (i) An owner of a restored-modified vehicle subject to Subsection (1) shall obtain a
235     motor vehicle emissions inspection and maintenance program certificate of emissions
236     inspection as described in Subsection (1).
237          (ii) A county emissions program may not refuse to perform an emissions inspection or
238     indicate a failed emissions test of the vehicle based solely on a modification to the engine or
239     component of the motor vehicle if:
240          (A) the modification is not likely to result in the motor vehicle having increased
241     emissions relative to the emissions of the motor vehicle before the modification; and
242          (B) the motor vehicle modification is a change to an engine that is newer than the
243     engine with which the motor vehicle was originally equipped, or the engine includes
244     technology that increases the facility of the administration of an emissions test, such as an

245     on-board diagnostics system.
246          (iii) The first time an owner seeks to obtain an emissions inspection as a prerequisite to
247     registration of a restored-modified vehicle:
248          (A) the owner shall present the signed statement described in Subsection 41-1a-226(4);
249     and
250          (B) the county emissions program shall perform the emissions test.
251          (iv) If a motor vehicle is registered as a restored-modified vehicle and the registration
252     certificate is notated as described in Subsection 41-1a-226(4), a county emissions program may
253     not refuse to perform an emissions test based solely on the restored-modified status of the
254     motor vehicle.
255          (3) (a) The legislative body of a county identified in Subsection (1), in consultation
256     with the Air Quality Board created under Section 19-1-106, shall make regulations or
257     ordinances regarding:
258          (i) emissions standards;
259          (ii) test procedures;
260          (iii) inspections stations;
261          (iv) repair requirements and dollar limits for correction of deficiencies; and
262          (v) certificates of emissions inspections.
263          (b) In accordance with Subsection (3)(a), a county legislative body:
264          (i) shall make regulations or ordinances to attain or maintain ambient air quality
265     standards in the county, consistent with the state implementation plan and federal
266     requirements;
267          (ii) may allow for a phase-in of the program by geographical area; and
268          (iii) shall comply with the analyzer design and certification requirements contained in
269     the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
270          (c) The county legislative body and the Air Quality Board shall give preference to an
271     inspection and maintenance program that:
272          (i) is decentralized, to the extent the decentralized program will attain and maintain
273     ambient air quality standards and meet federal requirements;
274          (ii) is the most cost effective means to achieve and maintain the maximum benefit with
275     regard to ambient air quality standards and to meet federal air quality requirements as related to

276     vehicle emissions; and
277          (iii) provides a reasonable phase-out period for replacement of air pollution emission
278     testing equipment made obsolete by the program.
279          (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
280          (i) may be accomplished in accordance with applicable federal requirements; and
281          (ii) does not otherwise interfere with the attainment and maintenance of ambient air
282     quality standards.
283          (4) The following vehicles are exempt from an emissions inspection program and the
284     provisions of this section:
285          (a) an implement of husbandry as defined in Section 41-1a-102;
286          (b) a motor vehicle that:
287          (i) meets the definition of a farm truck under Section 41-1a-102; and
288          (ii) has a gross vehicle weight rating of 12,001 pounds or more;
289          (c) a vintage vehicle as defined in Section 41-21-1:
290          (i) if the vintage vehicle has a model year of 1982 or older; or
291          (ii) for a vintage vehicle that has a model year of 1983 or newer, if the owner provides
292     proof of vehicle insurance that is a type specific to a vehicle collector;
293          (d) a custom vehicle as defined in Section 41-6a-1507;
294          (e) to the extent allowed under the current federally approved state implementation
295     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
296     vehicle that is less than two years old on January 1 based on the age of the vehicle as
297     determined by the model year identified by the manufacturer;
298          (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
299     of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
300     statement to the legislative body stating the truck is used:
301          (i) by the owner or operator of a farm located on property that qualifies as land in
302     agricultural use under Sections 59-2-502 and 59-2-503; and
303          (ii) exclusively for the following purposes in operating the farm:
304          (A) for the transportation of farm products, including livestock and its products,
305     poultry and its products, floricultural and horticultural products; and
306          (B) in the transportation of farm supplies, including tile, fence, and every other thing or

307     commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
308     and maintenance;
309          (g) a motorcycle as defined in Section 41-1a-102;
310          (h) an electric motor vehicle as defined in Section 41-1a-102; and
311          (i) a motor vehicle with a model year of 1967 or older.
312          (5) The county shall issue to the registered owner who signs and submits a signed
313     statement under Subsection (4)(f) a certificate of exemption from emissions inspection
314     requirements for purposes of registering the exempt vehicle.
315          (6) (a) [A] Except as provided in Subsection (6)(b), a legislative body of a county
316     described in Subsection (1) may exempt from an emissions inspection program a
317     diesel-powered motor vehicle with a:
318          [(a)] (i) gross vehicle weight rating of more than 14,000 pounds; or
319          [(b)] (ii) model year of 1997 or older.
320          (b) Beginning January 1, 2027, a legislative body of a county described in Subsection
321     (1) may not exempt from an emissions inspection program a diesel-powered motor vehicle with
322     a gross vehicle weight rating of more than 14,000 pounds.
323          (7) The legislative body of a county required under federal law to utilize a motor
324     vehicle emissions inspection program shall require:
325          (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
326          (i) a model year of 2007 or newer;
327          (ii) a gross vehicle weight rating of 14,000 pounds or less; and
328          (iii) a model year that is five years old or older; and
329          (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
330          (i) with a gross vehicle weight rating of 14,000 pounds or less;
331          (ii) that has a model year of 1998 or newer; and
332          (iii) that has a model year that is five years old or older.
333          (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
334     federal law to utilize a motor vehicle emissions inspection and maintenance program or in
335     which an emissions inspection and maintenance program is necessary to attain or maintain any
336     national ambient air quality standard may require each college or university located in a county
337     subject to this section to require its students and employees who park a motor vehicle not

338     registered in a county subject to this section to provide proof of compliance with an emissions
339     inspection accepted by the county legislative body if the motor vehicle is parked on the college
340     or university campus or property.
341          (b) College or university parking areas that are metered or for which payment is
342     required per use are not subject to the requirements of this Subsection (8).
343          (c) The legislative body of a county shall make the reasons for implementing the
344     provisions of this Subsection (8) part of the record at the time that the county legislative body
345     takes its official action to implement the provisions of this Subsection (8).
346          (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
347     for each motor vehicle that meets the inspection and maintenance program requirements
348     established in regulations or ordinances made under Subsection (3).
349          (b) The frequency of the emissions inspection shall be determined based on the age of
350     the vehicle as determined by model year and shall be required annually subject to the
351     provisions of Subsection (9)(c).
352          (c) (i) To the extent allowed under the current federally approved state implementation
353     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
354     body of a county identified in Subsection (1) shall only require the emissions inspection every
355     two years for each vehicle.
356          (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
357     years old on January 1.
358          (iii) For a county required to implement a new vehicle emissions inspection and
359     maintenance program on or after December 1, 2012, under Subsection (1), but for which no
360     current federally approved state implementation plan exists, a vehicle shall be tested at a
361     frequency determined by the county legislative body, in consultation with the Air Quality
362     Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
363     maintain any national ambient air quality standard.
364          (iv) If a county legislative body establishes or changes the frequency of a vehicle
365     emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
366     or change shall take effect on January 1 if the State Tax Commission receives notice meeting
367     the requirements of Subsection (9)(c)(v) from the county before October 1.
368          (v) The notice described in Subsection (9)(c)(iv) shall:

369          (A) state that the county will establish or change the frequency of the vehicle emissions
370     inspection and maintenance program under this section;
371          (B) include a copy of the ordinance establishing or changing the frequency; and
372          (C) if the county establishes or changes the frequency under this section, state how
373     frequently the emissions testing will be required.
374          (d) If an emissions inspection is only required every two years for a vehicle under
375     Subsection (9)(c), the inspection shall be required for the vehicle in:
376          (i) odd-numbered years for vehicles with odd-numbered model years; or
377          (ii) in even-numbered years for vehicles with even-numbered model years.
378          (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
379     required under this section may be made no more than two months before the renewal of
380     registration.
381          (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
382     emissions inspection certificate issued for the motor vehicle during the previous 11 months to
383     satisfy the requirement under this section.
384          (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
385     use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
386     motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
387     this section.
388          (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
389     lessee may use an emissions inspection certificate issued during the previous 11 months to
390     satisfy the requirement under this section.
391          (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
392     use an emissions inspection made more than 11 months before the renewal of registration to
393     satisfy the requirement under this section.
394          (e) If the application for renewal of registration is for a six-month registration period
395     under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
396     the previous eight months to satisfy the requirement under this section.
397          (11) (a) A county identified in Subsection (1) shall collect information about and
398     monitor the program.
399          (b) A county identified in Subsection (1) shall supply this information to an appropriate

400     legislative committee, as designated by the Legislative Management Committee, at times
401     determined by the designated committee to identify program needs, including funding needs.
402          (12) If approved by the county legislative body, a county that had an established
403     emissions inspection fee as of January 1, 2002, may increase the established fee that an
404     emissions inspection station may charge by $2.50 for each year that is exempted from
405     emissions inspections under Subsection (9)(c) up to a $7.50 increase.
406          (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
407     Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
408     within the county in accordance with the procedures and requirements of Section 41-1a-1223.
409          (b) A county that imposes a local emissions compliance fee may use revenues
410     generated from the fee for the establishment and enforcement of an emissions inspection and
411     maintenance program in accordance with the requirements of this section.
412          (c) A county that imposes a local emissions compliance fee may use revenues
413     generated from the fee to promote programs to maintain a local, state, or national ambient air
414     quality standard.
415          (14) (a) If a county has reason to believe that a vehicle owner has provided an address
416     as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county
417     other than the county of the bona fide residence of the owner in order to avoid an emissions
418     inspection required under this section, the county may investigate and gather evidence to
419     determine whether the vehicle owner has used a false address or an address other than the
420     vehicle owner's bona fide residence or place of business.
421          (b) If a county conducts an investigation as described in Subsection (14)(a) and
422     determines that the vehicle owner has used a false or improper address in an effort to avoid an
423     emissions inspection as required in this section, the county may impose a civil penalty of
424     $1,000.
425          (15) A county legislative body described in Subsection (1) may exempt a motor vehicle
426     from an emissions inspection if:
427          (a) the motor vehicle is 30 years old or older;
428          (b) the county determines that the motor vehicle was driven less than 1,500 miles
429     during the preceding 12-month period; and
430          (c) the owner provides to the county legislative body a statement signed by the owner

431     that states the motor vehicle:
432          (i) is primarily a collector's item used for:
433          (A) participation in club activities;
434          (B) exhibitions;
435          (C) tours; or
436          (D) parades; or
437          (ii) is only used for occasional transportation.
438          Section 5. Effective date.
439          This bill takes effect on May 1, 2024.