Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             H.B. 126
Approved for Filing: K.P. Gasser 6                              1st Sub. (Buff)
         6 01-23-24 11:05 AM 6
                   Representative Andrew Stoddard proposes the following substitute bill:
                       EMISSIONS REGULATION AMENDMENTS
                                       2024 GENERAL SESSION
                                            STATE OF UTAH
                               Chief Sponsor: Andrew Stoddard
                                  Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill prohibits the Division of Motor Vehicles from registering a motor vehicle in
 certain counties if the motor vehicles meets certain criteria.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < prohibits the Division of Motor Vehicles from registering a motor vehicle in certain
 counties if the motor vehicle has a gross vehicle weight rating of more than 14,000
 pounds and is not rated to emit less than a certain level of nitrogen oxides;
        < removes a provision allowing a county to exempt certain vehicles from emissions
 inspections; and
        < makes technical changes.
 Money Appropriated in this Bill:                                                                1st Sub. H.B. 126
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
     *HB0126S01*
       1st Sub. (Buff) H.B. 126                                               01-23-24 11:05 AM
        41-1a-102, as last amended by Laws of Utah 2023, Chapters 33, 532
        41-1a-202, as last amended by Laws of Utah 2023, Chapters 81, 532
        41-6a-102, as last amended by Laws of Utah 2023, Chapters 219, 532
        41-6a-1642, as last amended by Laws of Utah 2023, Chapters 22, 33 and 532
30
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 41-1a-102 is amended to read:
        41-1a-102. Definitions.
        As used in this chapter:
        (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
        (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
 vehicles as operated and certified to by a weighmaster.
        (3) "All-terrain type I vehicle" means the same as that term is defined in Section
 41-22-2.
        (4) "All-terrain type II vehicle" means the same as that term is defined in Section
 41-22-2.
        (5) "All-terrain type III vehicle" means the same as that term is defined in Section
 41-22-2.
        (6) "Alternative fuel vehicle" means:
        (a) an electric motor vehicle;
        (b) a hybrid electric motor vehicle;
        (c) a plug-in hybrid electric motor vehicle; or
        (d) a motor vehicle powered exclusively by a fuel other than:
        (i) motor fuel;
        (ii) diesel fuel;
        (iii) natural gas; or
        (iv) propane.
        (7) "Amateur radio operator" means a person licensed by the Federal Communications
 Commission to engage in private and experimental two-way radio operation on the amateur
 band radio frequencies.
        (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
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        (9) "Automated driving system" means the same as that term is defined in Section
 41-26-102.1.
        (10) "Brake horsepower" means the actual horsepower of an engine, measured by a
 brake attached to the drive shaft and recorded on a dynamometer.
        (11) "Brake horsepower hour" means a unit of energy or work, equal to the work done
 by a mechanism with a power output of one brake horsepower over a period of one hour.
        [(10)] (12) "Branded title" means a title certificate that is labeled:
        (a) rebuilt and restored to operation;
        (b) flooded and restored to operation; or
        (c) not restored to operation.
        [(11)] (13) "Camper" means a structure designed, used, and maintained primarily to be
 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
 camping.
        [(12)] (14) "Certificate of title" means a document issued by a jurisdiction to establish
 a record of ownership between an identified owner and the described vehicle, vessel, or
 outboard motor.
        [(13)] (15) "Certified scale weigh ticket" means a weigh ticket that has been issued by
 a weighmaster.
        [(14)] (16) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
 maintained for the transportation of persons or property that operates:
        (a) as a carrier for hire, compensation, or profit; or
        (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
 owner's commercial enterprise.
        [(15)] (17) "Commission" means the State Tax Commission.
        (18) "Compliant heavy duty vehicle" means a heavy duty vehicle that:
        (a) has a model year of 2010 or newer; or
        (b) (i) has a model year of 2009 or older; and
        (ii) has a vehicle emissions control information label indicating that the motor is rated
 to emit no more than .20 grams of oxides of nitrogen per brake horsepower hour.
        [(16)] (19) "Consumer price index" means the same as that term is defined in Section
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        1st Sub. (Buff) H.B. 126                                                   01-23-24 11:05 AM
 59-13-102.
        [(17)] (20) "Dealer" means a person engaged or licensed to engage in the business of
 buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright
 or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an
 established place of business for the sale, lease, trade, or display of vehicles, vessels, or
 outboard motors.
        [(18)] (21) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
        [(19)] (22) "Division" means the Motor Vehicle Division of the commission, created in
 Section 41-1a-106.
        [(20)] (23) "Dynamic driving task" means the same as that term is defined in Section
 41-26-102.1.
        [(21)] (24) "Electric motor vehicle" means a motor vehicle that is powered solely by an
 electric motor drawing current from a rechargeable energy storage system.
        [(22)] (25) "Essential parts" means the integral and body parts of a vehicle of a type
 required to be registered in this state, the removal, alteration, or substitution of which would
 tend to conceal the identity of the vehicle or substantially alter the vehicle's appearance, model,
 type, or mode of operation.
        [(23)] (26) "Farm tractor" means a motor vehicle designed and used primarily as a farm
 implement for drawing plows, mowing machines, and other implements of husbandry.
        [(24)] (27) (a) "Farm truck" means a truck used by the owner or operator of a farm
 solely for the owner's or operator's own use in the transportation of:
        (i) farm products, including livestock and its products, poultry and its products,
 floricultural and horticultural products;
        (ii) farm supplies, including tile, fence, and any other thing or commodity used in
 agricultural, floricultural, horticultural, livestock, and poultry production; and
        (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
 other purposes connected with the operation of a farm.
        (b) "Farm truck" does not include the operation of trucks by commercial processors of
 agricultural products.
        [(25)] (28) "Fleet" means one or more commercial vehicles.
        [(26)] (29) "Foreign vehicle" means a vehicle of a type required to be registered,
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 brought into this state from another state, territory, or country other than in the ordinary course
 of business by or through a manufacturer or dealer, and not registered in this state.
          [(27)] (30) "Gross laden weight" means the actual weight of a vehicle or combination
 of vehicles, equipped for operation, to which shall be added the maximum load to be carried.
          (31) "Heavy duty vehicle" means a vehicle that:
          (a) has a gross vehicle weight rating of 14,000 pounds or more; and
          (b) is equipped with a diesel-powered motor.
          [(28)] (32) "Highway" or "street" means the entire width between property lines of
 every way or place of whatever nature when any part of it is open to the public, as a matter of
 right, for purposes of vehicular traffic.
          [(29)] (33) "Hybrid electric motor vehicle" means a motor vehicle that draws
 propulsion energy from onboard sources of stored energy that are both:
          (a) an internal combustion engine or heat engine using consumable fuel; and
          (b) a rechargeable energy storage system where energy for the storage system comes
 solely from sources onboard the vehicle.
          [(30)] (34) (a) "Identification number" means the identifying number assigned by the
 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
 motor.
          (b) "Identification number" includes a vehicle identification number, state assigned
 identification number, hull identification number, and motor serial number.
          [(31)] (35) "Implement of husbandry" means a vehicle designed or adapted and used
 exclusively for an agricultural operation and only incidentally operated or moved upon the
 highways.
          [(32)] (36) (a) "In-state miles" means the total number of miles operated in this state
 during the preceding year by fleet power units.
          (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
 total number of miles that those vehicles were towed on Utah highways during the preceding
 year.
          [(33)] (37) "Interstate vehicle" means a commercial vehicle operated in more than one
 state, province, territory, or possession of the United States or foreign country.
          [(34)] (38) "Jurisdiction" means a state, district, province, political subdivision,
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        1st Sub. (Buff) H.B. 126                                                  01-23-24 11:05 AM
 territory, or possession of the United States or any foreign country.
        [(35)] (39) "Lienholder" means a person with a security interest in particular property.
        [(36)] (40) "Manufactured home" means a transportable factory built housing unit
 constructed on or after June 15, 1976, according to the Federal Home Construction and Safety
 Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is
 eight body feet or more in width or 40 body feet or more in length, or when erected on site, is
 400 or more square feet, and which is built on a permanent chassis and designed to be used as a
 dwelling with or without a permanent foundation when connected to the required utilities, and
 includes the plumbing, heating, air-conditioning, and electrical systems.
        [(37)] (41) "Manufacturer" means a person engaged in the business of constructing,
 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
 outboard motors for the purpose of sale or trade.
        [(38)] (42) "Military vehicle" means a vehicle of any size or weight that was
 manufactured for use by armed forces and that is maintained in a condition that represents the
 vehicle's military design and markings regardless of current ownership or use.
        [(39)] (43) "Mobile home" means a transportable factory built housing unit built prior
 to June 15, 1976, in accordance with a state mobile home code which existed prior to the
 Federal Manufactured Housing and Safety Standards Act (HUD Code).
        [(40)] (44) "Motor fuel" means the same as that term is defined in Section 59-13-102.
        [(41)] (45) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for
 use and operation on the highways.
        (b) "Motor vehicle" does not include:
        (i) an off-highway vehicle; or
        (ii) a motor assisted scooter as defined in Section 41-6a-102.
        [(42)] (46) "Motorboat" means the same as that term is defined in Section 73-18-2.
        [(43)] (47) "Motorcycle" means:
        (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
 more than three wheels in contact with the ground; or
        (b) an autocycle.
        [(44)] (48) "Natural gas" means a fuel of which the primary constituent is methane.
        (49) (a) "Noncompliant heavy duty vehicle" means a heavy duty vehicle that:
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        (i) has a model year 2009 or older; and
        (ii) does not have a vehicle emissions control information label indicating that the
 motor is rated to emit no more than .20 grams of oxides of nitrogen per brake horsepower hour.
        (b) "Noncompliant heavy duty vehicle" does not include:
        (i) an implement of husbandry;
        (ii) a farm truck; or
        (iii) a heavy duty vehicle used exclusively off-highway, such as a heavy duty vehicle
 used in mining operations.
        [(45)] (50) (a) "Nonresident" means a person who is not a resident of this state as
 defined by Section 41-1a-202, and who does not engage in intrastate business within this state
 and does not operate in that business any motor vehicle, trailer, or semitrailer within this state.
        (b) A person who engages in intrastate business within this state and operates in that
 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
 interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
 considered a resident of this state, insofar as that vehicle is concerned in administering this
 chapter.
        [(46)] (51) "Odometer" means a device for measuring and recording the actual distance
 a vehicle travels while in operation, but does not include any auxiliary odometer designed to be
 periodically reset.
        [(47)] (52) "Off-highway implement of husbandry" means the same as that term is
 defined in Section 41-22-2.
        [(48)] (53) "Off-highway vehicle" means the same as that term is defined in Section
 41-22-2.
        [(49)] (54) (a) "Operate" means:
        (i) to navigate a vessel; or
        (ii) collectively, the activities performed in order to perform the entire dynamic driving
 task for a given motor vehicle by:
        (A) a human driver as defined in Section 41-26-102.1; or
        (B) an engaged automated driving system.
        (b) "Operate" includes testing of an automated driving system.
        [(50)] (55) "Original issue license plate" means a license plate that is of a format and
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        1st Sub. (Buff) H.B. 126                                                  01-23-24 11:05 AM
 type issued by the state in the same year as the model year of a vehicle that is a model year
 1973 or older.
         [(51)] (56) "Outboard motor" means a detachable self-contained propulsion unit,
 excluding fuel supply, used to propel a vessel.
         [(52)] (57) (a) "Owner" means a person, other than a lienholder, holding title to a
 vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
 subject to a security interest.
         (b) If a vehicle is the subject of an agreement for the conditional sale or installment
 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
 stated in the agreement and with an immediate right of possession vested in the conditional
 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
 chapter.
         (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
 owner until the lessee exercises the lessee's option to purchase the vehicle.
         (d) "Oxides of nitrogen" or "nitrogen oxides" means the same as that term is defined in
 40 C.F.R. Sec. 86.082-2.
         [(53)] (58) "Park model recreational vehicle" means a unit that:
         (a) is designed and marketed as temporary living quarters for recreational, camping,
 travel, or seasonal use;
         (b) is not permanently affixed to real property for use as a permanent dwelling;
         (c) requires a special highway movement permit for transit; and
         (d) is built on a single chassis mounted on wheels with a gross trailer area not
 exceeding 400 square feet in the setup mode.
         [(54)] (59) "Personalized license plate" means a license plate that has displayed on it a
 combina