Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 295 First Substitute (2019GS)

Sponsor

Rep. Stenquist, J.

Final action

House/ filed 3/14/2019

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• creates the Vehicle Emissions Reduction Program Restricted Account;
• creates the Vehicle Emissions Reduction Program (program) to provide financial assistance in the purchase of a motor vehicle under certain conditions;
• establishes certain criteria by which a person may participate in the program;
• requires certain local health departments to assist in administering the program;
• requires the Air Quality Board to make rules for the administration of the program;
• requires the Division of Air Quality under certain circumstances to conduct:
• a public service campaign; and
• a study, submitting the results of the study to the Transportation Interim Committee; and
• creates a repeal date requiring committee review of the program.

Every vote on this bill

Bill text

VEHICLE EMISSIONS REDUCTION PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jeffrey D. Stenquist
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill enacts the Vehicle Emissions Reduction Program as part of the Air
Conservation Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Vehicle Emissions Reduction Program Restricted Account;
▸ creates the Vehicle Emissions Reduction Program (program) to provide financial
assistance in the purchase of a motor vehicle under certain conditions;
▸ establishes certain criteria by which a person may participate in the program;
▸ requires certain local health departments to assist in administering the program;
▸ requires the Air Quality Board to make rules for the administration of the program;
▸ requires the Division of Air Quality under certain circumstances to conduct:
• a public service campaign; and
• a study, submitting the results of the study to the Transportation Interim
Committee; and
▸ creates a repeal date requiring committee review of the program.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-219
, as last amended by Laws of Utah 2018, Chapter 31
ENACTS:
19-2-401
, Utah Code Annotated 1953
19-2-402
, Utah Code Annotated 1953
19-2-403
, Utah Code Annotated 1953
19-2-404
, Utah Code Annotated 1953
19-2-405
, Utah Code Annotated 1953
19-2-406
, Utah Code Annotated 1953
19-2-407
, Utah Code Annotated 1953
19-2-408
, Utah Code Annotated 1953
19-2-409
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-2-401
 is enacted to read:
Part 4. Vehicle Emissions Reduction Program
 19-2-401.
Title.
This part is known as "Vehicle Emissions Reduction Program."
Section 2. Section 
19-2-402
 is enacted to read:
 19-2-402.
Definitions.
As used in this chapter:
(1) "Eligible replacement vehicle" means a motor vehicle as defined in Section
41-1a-102
 that:
(a) emits emissions that are equal to or cleaner than the standards established in bin 5
in Table S04-1, of 40 C.F.R. 86.1811-04(c)(6);
(b) is of the current or previous five model years;
(c) has an odometer reading equal to or less than 70,000 miles; and
(d) costs no more than $35,000 before tax, title, and licensing.
(2) "Eligible trade-in vehicle" means a motor vehicle as defined in Section 
41-1a-102
that:
(a) is of the model year 2003 or older;
(b) failed the emissions inspection required under Section 
41-6a-1642
 within the
previous 30 days;
(c) (i) is registered or regularly operates in a county located in a nonattainment area; or
(ii) was reported to the department as emitting excessive amounts of smoky exhaust
while being driven through a county located in a nonattainment area;
(d) is registered in the motor vehicle owner's name;
(e) has been registered in the state for at least the previous 12 months; and
(f) is drivable under the motor vehicle's own power.
(3) "Federal poverty level" means the poverty level as defined by the most recently
revised poverty income guidelines published by the United States Department of Health and
Human Services in the Federal Register.
(4) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(5) "Nonattainment area" means a part of the state where air quality is determined to
exceed the National Ambient Air Quality Standards, as defined in the Clean Air Act
Amendments of 1970, Pub. L. No. 91-604, Sec. 109, for fine particulate matter (PM 2.5).
(6) "Participating dealer" means a dealer as defined in Section 
41-3-102
 that signs a
written agreement described in Section 
19-2-405
 with a local health department to participate
in the program.
(7) "Participating recycler" means a person who:
(a) (i) is a crusher as defined in Section 
41-3-102
; or
(ii) is a dismantler as defined in Section 
41-3-102
; and
(b) signs a written agreement described in Section 
19-2-406
 with a local health
department to participate in the program.
(8) "Qualified vehicle owner" means an individual who:
(a) has a household income equal to or less than 300% of the federal poverty level; and
(b) owns an eligible trade-in vehicle.
(9) "Vehicle Emissions Reduction Program" or "program" means the program
established in Subsection 
19-2-404
(1).
Section 3. Section 
19-2-403
 is enacted to read:
 19-2-403.
Creation of restricted account -- Assistance.
(1) There is created within the General Fund a restricted account known as the Vehicle
Emissions Reduction Program Restricted Account.
(2) The restricted account consists of:
(a) any voluntary monetary contributions received;
(b) proceeds from the sale of scraps or nonengine parts made in connection with the
Vehicle Emissions Reduction Program;
(c) appropriations the Legislature makes to the restricted account; and
(d) interest accrued in accordance with Subsection (3)(b).
(3) The state treasurer shall:
(a) invest the money in the restricted account by following the procedures and
requirements of Title 51, Chapter 7, State Money Management Act; and
(b) deposit all interest or other earnings derived from the investments described in
Subsection (3)(a) into the restricted account.
(4) (a) Subject to legislative appropriations, the division shall provide financial
assistance from the Vehicle Emissions Reduction Program Restricted Account:
(i) to qualified vehicle owners who purchase eligible replacement vehicles in
accordance with this chapter;
(ii) in a total amount of up to $6,500,000; and
(iii) in amounts that increase on a sliding scale based on:
(A) the emissions performance of a purchased eligible replacement vehicle; and
(B) the applicant's income level.
(b) In accordance with Subsection (4)(a)(iii), the division shall establish a sliding scale
for grants made under this chapter that:
(i) provides up to $5,500 in financial assistance to a qualified vehicle owner that:
(A) purchases an eligible replacement vehicle that emits zero emissions; and
(B) has a household income level at 200% of the federal poverty level or below; and
(ii) provides as low as $3,000 in financial assistance to a qualified vehicle owner that:
(A) purchases an eligible replacement vehicle that emits more than the emission
standards established in bin 2 in Table S04-1, of 40 C.F.R. 86.1811-04(c)(6) and emissions less
than or equal to the standards established in bin 5 in Table S04-1, of 40 C.F.R.
86.1811-04(c)(6); and
(B) has a household income level between 251% and 300% of the federal poverty
level.
(c) The division may use money in the Vehicle Emissions Reduction Program
Restricted Account to:
(i) administer the program in accordance with this chapter; or
(ii) assist a local health department to carry out the provisions of this chapter.
(5) The division shall deposit all money the division receives from the sale of scraps or
nonengine parts in connection with this program into the restricted account.
Section 4. Section 
19-2-404
 is enacted to read:
 19-2-404.
Program creation -- requirements.
(1) There is created the Vehicle Emissions Reduction Program to provide financial
assistance to qualified vehicle owners in purchasing eligible replacement vehicles.
(2) To receive financial assistance under the program, a qualified vehicle owner shall:
(a) obtain from a local health department certification that indicates the level of
assistance the qualified vehicle owner is eligible to receive;
(b) deliver to a participating dealer:
(i) the qualified vehicle owner's eligible trade-in vehicle, including title to the vehicle;
and
(ii) the certification described in Subsection (2)(a); and
(c) purchase an eligible replacement vehicle from the participating dealer described in
Subsection (2)(b).
(3) (a) In granting the certification described in Subsection (2)(a), a local health
department shall:
(i) verify that the individual to whom the local health department grants the
certification is a qualified vehicle owner;
(ii) determine the amount of assistance the qualified vehicle owner is eligible to receive
in accordance with the sliding scale established under the program; and
(iii) require the qualified vehicle owner to complete a survey designed to:
(A) determine the qualified vehicle owner's motivation for participating in the program
described in this chapter; and
(B) assess how much the financial assistance under this chapter weighed into the
qualified vehicle owner's decision to purchase an eligible replacement vehicle.
(b) Each local health department shall submit surveys completed under Subsection
(3)(a) to the division on a quarterly basis.
Section 5. Section 
19-2-405
 is enacted to read:
 19-2-405.
Participating dealers -- Reimbursement.
(1) To participate in the Vehicle Emissions Reduction Program, a dealer as defined in
Section 
41-2-102
 shall sign an agreement with a local health department that requires the
dealer:
(a) to surrender to a participating recycler all eligible trade-in vehicles the dealer
receives in connection with this program in accordance with rules established under this
chapter; and
(b) to follow rules established in accordance with this chapter in order to receive
reimbursement under this chapter.
(2) When a qualifying vehicle owner purchases an eligible replacement vehicle
following the requirements described in Subsection 
19-2-404
(2), the participating dealer shall:
(a) credit the qualifying vehicle owner's purchase with the amount of financial
assistance the qualifying vehicle owner's certification, as described in Section 
19-2-404,
specifies;
(b) recycle the eligible trade-in vehicle in accordance with the agreement described in
Subsection (1); and
(c) provide the local health department that issued the certification described in Section
19-2-404
:
(i) a copy of the contract of sale;
(ii) a copy of the used certification;
(iii) a picture of the purchased vehicle's emission information sticker;
(iv) a receipt showing that a participating recycler received the eligible trade-in vehicle
and the vehicle's title; and
(v) a request for reimbursement.
(3) A local health department that receives a request for reimbursement in accordance
with this section shall reimburse the participating dealer for the amount the participating dealer
credited the qualifying vehicle owner.
Section 6. Section 
19-2-406
 is enacted to read:
 19-2-406.
Participating recyclers.
To participate in the Vehicle Emissions Reduction Program, a dismantler or crusher as
those terms are defined in Section 
41-3-102
 shall sign an agreement with a local health
department that requires the dismantler or crusher to:
(1) for each motor vehicle the dismantler or crusher receives in connection with the
program:
(a) (i) crush the entire motor vehicle for scraps; or
(ii) destroy the engine and emissions system, including catalytic converter; and
(b) sell:
(i) nonengine parts; and
(ii) from the engine and emissions system, scrap metal only;
(2) on a monthly basis, send the local health department:
(a) a list of all vehicles the dismantler received in connection with the program; and
(b) proceeds from sales described in Subsection (1)(b); and
(3) comply with rules established under this chapter.
Section 7. Section 
19-2-407
 is enacted to read:
 19-2-407.
Rulemaking.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules that:
(a) carry out the provisions of this chapter;
(b) establish a certification and reimbursement process in accordance with this chapter;
(c) ensure that an individual who receives financial assistance under both this program
and any similar program that relies on federal funding does not receive a total amount more
than the individual is qualified to receive under either program alone;
(d) ensure that an eligible trade-in vehicle surrendered under this program is converted
to scrap or otherwise disposed of; and
(e) ensure that no engine part or emissions control system from an eligible trade-in
vehicle surrendered under this program is resold, except as scrap metal.
(2) In making the rules described in Subsection (1), the board shall:
(a) consider recommendations from the division; and
(b) coordinate with the Department of Health, where applicable.
Section 8. Section 
19-2-408
 is enacted to read:
 19-2-408.
Public service campaign.
(1) Subject to legislative appropriations, the division shall conduct a public service
campaign to educate the public about:
(a) smog ratings of motor vehicles;
(b) the benefits to the state of lowering motor vehicle emissions;
(c) financial assistance available through the program; and
(d) any other program the division administers that is aimed at reducing air pollution or
improving air quality in nonattainment areas.
(2) The division may issue a request for proposal to assist the division in fulfilling the
requirements described in Subsection (1).
Section 9. Section 
19-2-409
 is enacted to read:
 19-2-409.
High-polluting motor vehicles study.
(1) Subject to legislative appropriations, the division shall conduct a study to
determine:
(a) the types of people in the state who own higher-polluting motor vehicles in the
state;
(b) incentives for people in the state owning higher-polluting motor vehicles to
transition to lower-polluting motor vehicles;
(c) why residents in the state tend to keep motor vehicles for longer periods of time
than residents in other states; and
(d) for what purposes residents of the state use older vehicles.
(2) The division may issue a request for proposal to assist the division in conducting,
or to conduct, the study described in Subsection (1).
(3) If conducted, the division shall submit the results of the study described in
Subsection (1) to the Transportation Interim Committee before May 30, 2022.
Section 10. Section 
63I-1-219
 is amended to read:
63I-1-219.
Repeal dates, Title 19.
(1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2019.
(2) Title 19, Chapter 2, Part 4, Vehicle Emissions Reduction Program, is repealed July
1, 2024.
[
(2)
] 
(3)
 Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2019.
[
(3)
] 
(4)
 Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2019.
[
(4)
] 
(5)
 Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1,
2019.
[
(5)
] 
(6)
 Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed
July 1, 2020.
[
(6)
] 
(7)
 Title 19, Chapter 6, Part 4, Underground Storage Tank Act, is repealed July 1,
2028.
[
(7)
] 
(8)
 Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1,
2026.
[
(8)
] 
(9)
 Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1,
2019.
[
(9)
] 
(10)
 Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1,
2020.
[
(10)
] 
(11)
 Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, is repealed July
1, 2027.