NOTE: The governor signed this measure on 5/8/2015.
      
      
      HOUSE BILL 15-1134
      
      
      BY REPRESENTATIVE(S) Coram, Brown, Danielson, Esgar, Ginal,
      Mitsch Bush, Priola, Tate, Vigil, Tyler, Hullinghorst;
      also SENATOR(S) Cooke, Baumgardner, Grantham, Hill, Kefalas,
      Lambert, Lundberg, Marble, Martinez Humenik, Neville T., Roberts,
      Scheffel, Scott, Sonnenberg, Todd, Woods.
      
      
      Concerning the new vehicle exemption for emissions testing of
           heavier diesel vehicles with a model year that is no older
           than 2014.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 42-4-406, amend (1)
      (b) (II) as follows:
      
           42-4-406.  Requirement of certification of emissions control for
      registration - testing for diesel smoke opacity compliance.
      (1) (b) (II)  Notwithstanding the provisions of subparagraph (I) of this
      paragraph (b), new diesel vehicles, required under this section to have a
      certification of emissions control, shall be issued a certification of
      emissions compliance without inspection or testing. Prior to the expiration
      of such the certification, such the owner shall have the vehicle shall
      be inspected and a shall obtain a certification of emissions control shall
      be obtained for diesel smoke opacity compliance. Such The certificate shall
      expire on the earliest to occur of the following:
      
           (A)  The anniversary of the day of the issuance of such the
      certification when such the vehicle has reached its fourth model year if it
      is a light-duty diesel vehicle;
      
           (B)  The anniversary of the day of the issuance of such the
      certification when such the vehicle has reached its fourth model year if it
      is a heavy-duty diesel vehicle; or
      
           (C)  On the date of the transfer of ownership if such date is within
      twelve months before such certification would expire pursuant to
      sub-subparagraph (A) or (B) of this subparagraph (II), unless such transfer
      of ownership is a transfer from the lessor to the lessee. The anniversary
      of the day of the issuance of the certification when the vehicle
      has reached its sixth model year if the vehicle has a gross vehicle
      weight rating of twenty-six thousand pounds or more and it is of
      a model year of 2014 or newer; or
      
           (D)  On the date of the transfer of ownership if the date is
      within twelve months before the certification would expire under
      sub-subparagraph (A), (B), or (C) of this subparagraph (II), unless
      the transfer of ownership is a transfer from the lessor to the
      lessee.
      
           SECTION 2.  In Colorado Revised Statutes, 42-4-414, amend (2)
      (c) as follows:
      
           42-4-414.  Heavy-duty diesel fleet inspection and maintenance
      program - penalty - rules. (2) (c) (I)  Except as provided in
      subparagraph (II) of this paragraph (c), the commission shall exempt
      a new diesel vehicle enrolled in the fleet inspection and maintenance
      program from testing until the vehicle has reached its fourth model year or,
      if ownership of the vehicle is transferred after the vehicle has reached its
      third model year, but before expiration of the exemption period, until the
      date of the transfer of ownership.
      
           (II)  If a new diesel vehicle has a gross vehicle weight rating
      of at least twenty-six thousand pounds and is of a model year of
      2014 or newer, the commission shall exempt the vehicle from
      testing until the vehicle has reached its sixth model year or, if
      ownership of the vehicle is transferred after the vehicle has
      reached its fifth model year, until the date of the transfer of
      ownership.
      
           SECTION 3.  No appropriation. The general assembly has
      determined that this act can be implemented within existing appropriations,
      and therefore no separate appropriation of state moneys is necessary to
      carry out the purposes of this act.
      
           SECTION 4.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      5, 2015, if adjournment sine die is on May 6, 2015); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO