Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 17 First Substitute (2015GS)

Sponsor

Rep. Perry, L.

Final action

Governor Signed 3/20/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the visible contaminant emission standards for certain diesel engines;
• amends the penalty for violating the motor vehicle visible emissions limits; and
• makes technical corrections.

Every vote on this bill

Bill text

MOTOR VEHICLE EMISSIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lee B. Perry
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies provisions relating to motor vehicle emissions.
Highlighted Provisions:
This bill:
▸ amends the visible contaminant emission standards for certain diesel engines;
▸ amends the penalty for violating the motor vehicle visible emissions limits; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-1626
, as renumbered and amended by Laws of Utah 2005, Chapter 2
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-1626
 is amended to read:
41-6a-1626.
Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
control devices.
(1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
unusual noise.
(b) A motor vehicle shall be equipped with a muffler or other effective noise
suppressing system in good working order and in constant operation.
(c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
(2) (a) Except while the engine is being warmed to the recommended operating
temperature, the engine and power mechanism of a[
: (i)
] gasoline-powered motor vehicle may
not emit visible contaminants during operation[
;
]
.
[
(ii) diesel engine manufactured on or after January 1, 1973, may not emit visible
contaminants of a shade or density darker than 20% opacity; and
]
[
(iii) diesel engine manufactured before January 1, 1973, may not emit visible
contaminants of a shade or density darker than 40% opacity.
]
(b) (i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the
vehicle's maximum tow weight.
(ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible
contaminants during operation:
(A) except while the engine is being warmed to the recommended operating
temperature or under a heavy tow; or
(B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
rating in excess of 26,000 pounds.
(iii) A diesel engine manufactured before January 1, 2008, may not emit visible
contaminants of a shade or density that obscures a contrasting background by more than 20%,
for more than five consecutive seconds:
(A) except while the engine is being warmed to the recommended operating
temperature or under a heavy tow; or
(B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
rating in excess of 26,000 pounds.
[
(b)
] 
(c)
 A person who violates the provisions of Subsection (2)(a) is guilty of a class C
misdemeanor 
and shall be fined:
(i) not less than $50 for a violation; or
(ii) not less than $100 for a second or subsequent violation within three years of a
previous violation of this section
.
(3) (a) [
A
] 
If a
 motor vehicle 
is
 equipped by a manufacturer with air pollution control
devices [
shall maintain
]
,
 the devices 
shall be maintained
 in good working order and in constant
operation.
(b) For purposes of the first sale of a vehicle at retail, an air pollution control device
may be substituted for the manufacturer's original device if the substituted device is at least as
effective in the reduction of emissions from the vehicle motor as the air pollution control
device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
class.
(c) A person who renders inoperable an air pollution control device on a motor vehicle
is guilty of a class B misdemeanor.
(4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
fuel, as defined under Section 
59-13-102
, when the emissions from the modified or altered
motor vehicle are at levels that comply with existing state or federal standards for the emission
of pollutants from a motor vehicle of the same class.