(a)  (1)  As used in this article, “portable equipment” includes any portable internal combustion engine and equipment that is associated with, and driven by, any portable internal combustion engine.

(2)  (A)  As used in this article, and except as provided in subdivision (b), a “portable internal combustion engine” is any internal combustion engine that, by itself, or contained within or attached to a piece of equipment, is portable or transportable.

(B)  As used in this paragraph, “portable or transportable” means designed to be, and capable of being, carried or moved from one location to another. Indicia of portability or transportability include, but are not limited to, wheels, skids, carrying handles, or a dolly, trailer, or platform.

(b)  Any engine otherwise included in this section is not a portable internal combustion engine if either of the following applies:

(1)  The engine remains, or will remain, at a fixed location for more than 12 consecutive months. For purposes of this paragraph, a “fixed location” is any single site at a building, structure, facility, or installation.

(2)  The engine is used to propel nonroad equipment or a motor vehicle of any kind, including, but not limited to, a heavy-duty vehicle.

(c)  Portable equipment includes, but is not limited to, any of the following:

(1)  Confined and unconfined abrasive blasting equipment.

(2)  Portland concrete batch plants.

(3)  Sand and gravel screening, rock crushing, unheated pavement crushing, and recycling operations equipment.

(4)  Consistent with federal law, portable internal combustion engines used in conjunction with, but not limited to, the following types of operations or equipment:

(A)  Well drilling, including service equipment and work over rigs.

(B)  Power generation, excluding cogeneration.

(C)  Pumps.

(D)  Compressors.

(E)  Pile drivers.

(F)  Welding.

(G)  Cranes.

(H)  Wood chippers.

(5)  Equipment necessary for the operation of portable equipment.

(Amended by Stats. 1997, Ch. 17, Sec. 81. Effective January 1, 1998.)