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County staff outline steps to implement House Bill 101 diesel testing; commissioners raise fee and enforcement questions
Summary
Health department staff briefed the Utah County commissioners on implementing House Bill 101’s diesel emissions testing requirement, including an ordinance, software updates, State Tax Commission coordination, training about 600 mechanics and a proposed one-year waiver for tampered vehicles; commissioners asked about a three-year sunset, fee caps and enforcement.
Ralph Klayb of the Utah County Health Department told commissioners the legislature’s House Bill 101 requires diesel-emissions testing in Utah County and that local steps are needed to implement the program.
"This last session, the legislature passed House Bill 101, which required diesel emissions testing here in Utah County," Klayb said, explaining the county will need an ordinance (or amendment), software reprogramming at test stations and coordination with the State Tax Commission for registration processing.
The work session focused on operational details and timing. Staff said the county must train roughly 600 mechanics to perform the tests, update station computer software and mirror statutory exemptions for newer vehicles. Klayb said the state timeline targets implementation on Jan. 1 and the county is preparing so systems and training are in place by then.
Commissioners asked staff to include the statute’s three-year sunset in the local ordinance so local rules remain consistent with the law. One commissioner asked that exemptions for newer model years be preserved in county code and that the ordinance clearly reflect the sunset provision.
Several commissioners and staff discussed inspection fees. A county staff member noted the fee for emissions inspections has risen since the prior safety program ended, and suggested the commission consider whether to cap fees or leave them market-based. "We can present that or give that information," the staff member said, offering to show fee trends and averages to inform a policy decision.
Staff also described a proposed one-time, limited waiver for vehicles that have been tampered with so owners would have a year to bring the vehicle into compliance rather than face immediate registration denial. Commissioners were split on the length of that waiver; one commissioner said a full year may be too long for deliberately modified vehicles while others noted the potential cost of repairs and supported a limited remedy to ease the transition.
On cross-jurisdictional enforcement, staff said vehicles registered in the county may be tested in adjacent participating counties and that a statewide reporting hotline for smoking vehicles is being developed to allow reciprocal enforcement across jurisdictions. Staff said if law enforcement or health staff report a tampered vehicle, the county could request the state deny renewal of that vehicle’s registration until compliance is achieved.
Next steps: staff said they will draft ordinance language that mirrors the statute, return with data on test-fee trends and proposed fee-policy options, and refine the waiver language and enforcement approach for commissioner review.
