Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                               S.B. 263
Approved for Filing: R.C. Williams 6
         6 02-19-24 10:32 AM 6
                  DIESEL EMISSIONS REDUCTION AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Luz Escamilla
                                 House Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill creates a registration requirement for owners of non-road vehicles under the
 Motor Vehicle Act.
 Highlighted Provisions:
        This bill:
        < defines the term "non-road vehicle";
        < requires an owner of a non-road vehicle to register the non-road vehicle with the
 Motor Vehicle Division (the division);
        < requires an applicant for registration of a non-road vehicle to pay a registration fee;
        < sets the maximum registration fee with a higher fee for registration in a county that
 is in a non-attainment area for air pollution and for railroad locomotives;
        < creates a penalty for an owner of a non-road vehicle not in compliance with the
 registration requirement;
        < requires the division to deposit registration fees and related money into the
 Environmental Mitigation and Response Fund;
        < grants the division rulemaking authority to implement the provisions; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
                                                                                                        S.B. 263
        None
 Other Special Clauses:
     *SB0263*
       S.B. 263                                                                02-19-24 10:32 AM
        None
 Utah Code Sections Affected:
 AMENDS:
        19-1-603, as enacted by Laws of Utah 2017, Chapter 246
        59-2-405, as last amended by Laws of Utah 2008, Chapter 210
 ENACTS:
        41-27-101, Utah Code Annotated 1953
        41-27-102, Utah Code Annotated 1953
        41-27-103, Utah Code Annotated 1953
        41-27-104, Utah Code Annotated 1953
        41-27-105, Utah Code Annotated 1953
        41-27-106, Utah Code Annotated 1953
40
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 19-1-603 is amended to read:
        19-1-603. Environmental Mitigation and Response Fund.
        (1) There is created an expendable special revenue fund known as the Environmental
 Mitigation and Response Fund.
        (2) The fund consists of:
        (a) public and private funding sources made under [Subsections (3) and (4)] this
 section;
        (b) funding from the non-road vehicle registration fee and any money collected by the
 Motor Vehicle Division in accordance with Section 41-27-105;
        [(b)] (c) legally binding bankruptcy, financial assurance, or natural resource damage
 claim settlements; and
        [(c)] (d) interest earnings on cash balances.
        (3) The department may accept contributions for deposit into the fund from public and
 private sources, including from a source as a condition of a consent decree, settlement
 agreement, stipulated agreement, or court order.
        (4) If funds are deposited as part of a consent decree, settlement agreement, stipulated
 agreement, or court order, the source of the funding may specify terms and conditions in which
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       02-19-24 10:32 AM                                                                     S.B. 263
 the funds may be used, in accordance with the consent decree, settlement agreement, stipulated
 agreement, or court order.
        (5) Unless mandated by court order, the department may refuse funds if the department
 determines it is incapable of meeting the terms and conditions of the agreement to obtain the
 funds, including covering the costs to administer the fund and oversee the implementation of
 the specific mitigation or response action.
        (6) The fund may account for assets held by the state for:
        (a) an individual;
        (b) a private or public entity;
        (c) another governmental unit, including a local or federal agency;
        (d) a state agency; or
        (e) a Native American tribe.
        Section 2. Section 41-27-101 is enacted to read:
                              CHAPTER 27. NON-ROAD VEHICLES
        41-27-101. Definitions.
        As used in this chapter:
        (1) "Applicant" means the owner of a non-road vehicle.
        (2) "Commission" means the State Tax Commission as defined in Section 59-1-101.
        (3) "Division" means the Motor Vehicle Division, created in Section 41-1a-106.
        (4) (a) "Non-road vehicle" means a land vehicle that is:
        (i) powered by an internal combustion engine;
        (ii) not subject to standards promulgated under Section 111 or Section 202 of the Clean
 Air Act, as amended, 42 U.S.C. 7401 et seq.; and
        (iii) (A) not designed for transporting persons or property on a street or highway; or
        (B) not used solely for competition.
        (b) "Non-road vehicle" includes a railroad locomotive.
        (c) "Non-road vehicle" does not include:
        (i) a farm tractor as that term is defined in Section 41-1a-102;
        (ii) a farm truck as that term is defined in Section 41-1a-102;
        (iii) an implement of husbandry as that term is defined in Section 41-1a-102;
        (iv) an off-highway implement of husbandry as that term is defined in Section 41-22-2;
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        S.B. 263                                                                   02-19-24 10:32 AM
 or
        (v) an off-highway vehicle as that term is defined in Section 41-22-2.
        Section 3. Section 41-27-102 is enacted to read:
        41-27-102. Registration of non-road vehicles.
        (1) A person may not operate or place a non-road vehicle, or give another person
 permission to operate or place a non-road vehicle, on any public land, trail, street, construction
 site, commercial property, railroad, or highway in this state unless the non-road vehicle is
 registered under this chapter for the current year.
        (2) Each applicant shall include with an application for registration of a non-road
 vehicle:
        (a) (i) evidence of ownership, a title, or a manufacturer's certificate of origin; and
        (ii) the make, model, horsepower or displacement, engine type, fuel consumption, and
 serial number of the non-road vehicle; or
        (b) (i) the past registration card; and
        (ii) the fee for a duplicate.
        (3) (a) The division shall classify all records of the division made or kept under this
 section in the same manner as motor vehicle records are classified under Section 41-1a-116.
        (b) Division records are available for inspection in the same manner as motor vehicle
 records under Section 41-1a-116.
        Section 4. Section 41-27-103 is enacted to read:
        41-27-103. Registration fees.
        (1) The division, after notifying the commission, shall establish the fee that an
 applicant under this chapter shall pay for registering a non-road vehicle:
        (a) as determined by the division under Section 63J-1-504; and
        (b) in accordance with Subsection (2).
        (2) An applicant under this section, other than the state or a political subdivision of the
 state, shall pay a registration fee of no more than:
        (a) (i) $45, if the applicant's residence is in a county located within a nonattainment
 area as defined under Subsection 107(d) of the federal Clean Air Act, as amended, 42 U.S.C.
 7407(d); or
        (ii) $30, if the applicant's residence is in any other county; and
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        02-19-24 10:32 AM                                                                            S.B. 263
        (b) (i) $10,000, if the applicant registers a tier 0 or tier 1 railroad locomotive or
 locomotive engine;
        (ii) $1,000, if the applicant registers a tier 2 locomotive or locomotive engine; or
        (iii) $500, if the applicant registers a tier 3 or higher locomotive or locomotive engine.
        Section 5. Section 41-27-104 is enacted to read:
        41-27-104. Penalties for violation.
        (1) Except as otherwise provided, an actor who violates this chapter is guilty of an
 infraction.
        (2) The division may revoke or suspend the registration of a non-road vehicle if the
 applicant has falsified information on the application, upon which revocation or suspension the
 owner shall surrender to the division the suspended or revoked registration card within 15 days
 of suspension or revocation.
        (3) (a) The division may impose a reasonable fee upon an actor who violates a
 provision of this chapter.
        (b) The division shall determine the reasonableness of a fee taking into account the
 structure of registration fees described in Subsection 41-27-103(2).
        Section 6. Section 41-27-105 is enacted to read:
        41-27-105. Deposit of fees and related money into Environmental Mitigation and
 Response Fund.
        The division shall deposit registration fees and any penalty collected by the division, or
 any agency designated to act for the division under this chapter, into the Environmental
 Mitigation and Response Fund described in Section 19-1-603, less the costs incurred by the
 division for collecting non-road vehicle registration fees and any penalty.
        Section 7. Section 41-27-106 is enacted to read:
        41-27-106. Division rulemaking.
        In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
 division, after notifying the commission, shall make rules as necessary to implement this
 chapter.
        Section 8. Section 59-2-405 is amended to read:
        59-2-405. Uniform fee on tangible personal property required to be registered
 with the state -- Distribution of revenues -- Appeals.
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        S.B. 263                                                                   02-19-24 10:32 AM
         (1) The property described in Subsection (2), except Subsection (2)(b)(ii), is exempt
 from ad valorem property taxes pursuant to Utah Constitution Article XIII, Section 2,
 Subsection (6).
         (2) (a) Except as provided in Subsection (2)(b), there is levied as provided in this part a
 statewide uniform fee in lieu of the ad valorem tax on:
         (i) motor vehicles required to be registered with the state that weigh 12,001 pounds or
 more;
         (ii) motorcycles as defined in Section 41-1a-102 that are required to be registered with
 the state;
         (iii) watercraft required to be registered with the state;
         (iv) recreational vehicles required to be registered with the state; and
         (v) all other tangible personal property required to be registered with the state before it
 is used on a public highway, on a public waterway, on public land, or in the air.
         (b) The following tangible personal property is exempt from the statewide uniform fee
 imposed by this section:
         (i) aircraft;
         (ii) state-assessed commercial vehicles;
         (iii) non-road vehicles required to be registered under Title 41, Chapter 27, Non-road
 Vehicles;
         [(iii)] (iv) tangible personal property subject to a uniform fee imposed by:
         (A) Section 59-2-405.1;
         (B) Section 59-2-405.2; or
         (C) Section 59-2-405.3; and
         [(iv)] (v) personal property that is exempt from state or county ad valorem property
 taxes under the laws of this state or of the federal government.
         (3) Beginning on January 1, 1999, the uniform fee is 1.5% of the fair market value of
 the personal property, as established by the commission.
         (4) Notwithstanding Section 59-2-407, property subject to the uniform fee that is
 brought into the state and is required to be registered in Utah shall, as a condition of
 registration, be subject to the uniform fee unless all property taxes or uniform fees imposed by
 the state of origin have been paid for the current calendar year.
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        02-19-24 10:32 AM                                                                      S.B. 263
        (5) (a) The revenues collected in each county from the uniform fee shall be distributed
 by the county to each taxing entity in which the property described in Subsection (2) is located
 in the same proportion in which revenue collected from ad valorem real property tax is
 distributed.
        (b) Each taxing entity shall distribute the revenues received under Subsection (5)(a) in
 the same proportion in which revenue collected from ad valorem real property tax is
 distributed.
        (6) An appeal relating to the uniform fee imposed on the tangible personal property
 described in Subsection (2) shall be filed pursuant to Section 59-2-1005.
        Section 9. Effective date.
        This bill takes effect on May 1, 2024.
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Statutes affected: 
Introduced: 19-1-603, 59-2-405