Utah Code 41-1a-1223. Local emissions compliance fee — Exemptions — Transfer — County ordinance — Notice
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Terms Used In Utah Code 41-1a-1223
- Commercial vehicle: means a motor vehicle, trailer, or semitrailer used or maintained for the transportation of persons or property that operates:(14)(a) as a carrier for hire, compensation, or profit; or(14)(b) as a carrier to transport the vehicle owner's goods or property in furtherance of the owner's commercial enterprise. See Utah Code 41-1a-102
- Commission: means the State Tax Commission. See Utah Code 41-1a-102
- County legislative body: means :
(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Electric motor vehicle: means a motor vehicle that is powered solely by an electric motor drawing current from a rechargeable energy storage system. See Utah Code 41-1a-102
- Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
- Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
(1)(a)(1)(a)(i) A county legislative body of a county that is required to utilize a motor vehicle emissions inspection and maintenance program or in which an emissions inspection and maintenance program is necessary to attain or maintain any national ambient air quality standard in accordance with Section 41-6a-1642 may impose a local emissions compliance fee of up to:(1)(a)(i)(A) $3 on each motor vehicle registration within the county for a motor vehicle registration under Section 41-1a-215; or(1)(a)(i)(B) $2.25 on each motor vehicle registration within the county for a six-month registration period under Section 41-1a-215.5.(1)(a)(ii) A fee imposed under Subsection (1)(a)(i) shall be set in whole dollar increments.(1)(b) If imposed under Subsection (1)(a)(i), at the time application is made for registration or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local emissions compliance fee established by the county legislative body.(1)(c) The following are exempt from the fee required under Subsection (1)(a)(i):(1)(c)(i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or Subsection 41-1a-419(3);(1)(c)(ii) a commercial vehicle with an apportioned registration under Section 41-1a-301; and(1)(c)(iii) an electric motor vehicle.(2) The revenue generated from the fees collected under this section shall be transferred to the county that imposed the fee.(3) To impose or change the amount of a fee under this section, the county legislative body shall pass an ordinance:(3)(a) approving the fee;(3)(b) setting the amount of the fee; and(3)(c) providing an effective date for the fee as provided in Subsection (4).(4)(4)(a) If a county legislative body enacts, changes, or repeals a fee under this section, the enactment, change, or repeal shall take effect on January 1 if the commission receives notice meeting the requirements of Subsection (4)(b) from the county prior to October 1.(4)(b) The notice described in Subsection (4)(a) shall:(4)(b)(i) state that the county will enact, change, or repeal a fee under this section;(4)(b)(ii) include a copy of the ordinance imposing the fee; and(4)(b)(iii) if the county enacts or changes the fee under this section, state the amount of the fee.