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Bill Tracking 2017

Environmental bills before the 2017 Utah Legislature

HB0011 Substitute 3 State Boards and Commissions
Removes the political party affiliation requirement that no more than five appointed members of the Drinking Water Board shall be from the same party and that no more than six appointed members of the Waste Management and Radiation Control Board shall be from the same party.

HB0023 Substitute 1 Income Tax Credit Modifications
Phases out the individual income tax credit for active or passive solar residential energy systems and amends the minimum individual income-tax credit for active or passive solar residential energy systems

HB0029 Substitute 4 Energy Efficient Vehicle Tax Credit
Defines short-range electric vehicle and long-range electric vehicle for the purposes of the assignment of tax credits and extends the corporate and individual income-tax credits for energy-efficient vehicles. Amends the maximum amount of tax credit for energy-efficient vehicles for the taxable year beginning January 1, 2018 and ending December 31, 2018.

HB0033 Mercury Switch Removal Act Reauthorization
Extends the repeal date of the Mercury Switch Removal Act to July 1, 2027.

HB0037 Substitute 1 State Construction Code Amendments
Amends a provision to the installation of passive radon controls regarding compliance with applicable International Residential Control state building-code requirements. Amends a provision regarding nitrogen oxides emission limits from natural gas-fired water heaters.

HB0065 Air Conservation Act Amendments
States that the Division of Air Quality shall allow the burning of solid fuel if the primary purpose of the burning is to cook food.

HB0084 Water Law - Nonuse Applications
Excuses the requirement of beneficial use for non-consumptive water.

HB0085 Quality Growth Commission Amendments
Requires the Quality Growth Commission to provide an annual written report to the Infrastructure and General Government Appropriations Subcommittee.

HB0096 Petroleum Vapor Recovery Amendments
Requires the operator of a gasoline cargo tank to meet certain requirements for controlling gasoline vapor emissions through the use of a properly installed vapor collection-and-control system. Establishes penalties for failure to comply with these requirements.

HB0104 Motor Vehicle Emissions
Allows a local county that imposes a local emissions-compliance fee to use revenues generated from the fee to promote programs to maintain national ambient air quality standards (NAAQS).

HB0115 Substitute 4 Solid Waste Revisions
States that no person may own, construct, modify, or operate any facility or site for the purpose of transferring, treating, or disposing of nonhazardous solid waste without first submitting and receiving the approval of the director for an operation plan for that facility or site and modifies fee structures for nonhazardous solid waste streams.The fee schedule shall create an equitable and fair fee to be paid by all persons whose treatment, transfer, or disposal of nonhazardous solid waste creates a regulatory burden to the department; cover the fully burdened costs of the program and provide for reasonable and timely oversight by the department; adequately meet the needs of industry, local government, and the department, including enabling the department to employ qualified personnel to appropriately oversee industry and local government regulation; provide stable funding for the Environmental Quality Restricted Account; and give consideration to a fee differential regarding solid waste managed at a transfer facility of no greater than 50 percent of the fee set for the treatment or disposal of the same solid waste. Provides that certain waste entering Utah from other states for disposal or treatment be treated according to standards provided in Utah law; in other words, if it is classified as nonhazardous solid waste by Utah, it shall treated or disposed of as nonhazardous waste, regardless of how it is classified by the state of origin.

HB0134 Substitute 2 Emissions Testing Amendments
Restricts the authority of a county to exempt a motor vehicle from an emissions test, requires a visual inspection of emissions equipment for a diesel-powered motor vehicle with a gross vehicle rating of 14,000 pounds or less manufactured after 1997, and requires a computerized emissions inspection for a diesel-powered motor vehicle manufactured after 2007 with a gross vehicle rating of 14,000 pounds or less. A legislative body of a county required under federal law to use a motor-vehicle emissions inspection and maintenance program may exempt from an emissions-inspection program a diesel-powered motor vehicle with a gross-vehicle-weight rating of more than 14,000 pounds or model year 1997 or older. The bill takes effect on January 1, 2018.

HB0183 Emissions Settlements Amendments
Establishes the Environmental Mitigation and Response Act, including the establishment of an expendable special-revenue fund. The director of the Department of Environmental Quality shall administer the special-revenue fund and may disburse funds to implement a specified environmental mitigation action. In addition, the bill states that vehicle registration may not be denied solely on the presence of a defeat device or an Environmental Protection Agency-approved modification, including Volkswagen, Audi, and Porsche models named in the bill.

HB0203 Open Burning of Yard Waste Amendments
States that the Division of Air Quality may not prohibit certain city-run programs for the burning of yard waste.

HB0269 Conservation Commission Board Amendments
Modifies the membership of the Conservation Commission, reducing it from 16 members to seven. Retains membership of the executive director of the Department of Environmental Quality.

HB0272 Regulatory Impact Amendments
Requires the legislative fiscal analyst, when evaluating proposed legislation, to indicate whether the legislation would make changes in the regulatory burden for state residents or businesses. Requires agencies to conduct a quantitative analysis before submitting new administrative rules to show the regulatory impact the rule would have on state residents or businesses. Provides requirements for this agency quantitative analysis, including the type of industries impacted by the rule, the individual fiscal impact for a typical business for a one-year period, aggregated total fiscal impact to all affected businesses for a one-year period, and total cost to impacted entities over a five-year period. Requires agencies to submit a summary of efforts made to comply with these obligations to assure that new administrative rules minimize negative fiscal impacts on small businesses.

HB0296 Radioactive and Hazardous Waste Account Amendments
Exempts funds in the Radioactive Waste Perpetual Care and Maintenance Account from the State Money Management Act. Repeals the requirement that an existing commercial radioactive waste treatment or disposal facility pay an annual fee. Repeals the requirement that the Waste Management and Radiation Control Board report to the Legislative Management Committee on the adequacy of the funds to provide for the closure, postclosure, and perpetual care and maintenance of commercial radioactive waste treatment or disposal facilities and hazardous waste treatment, storage, or disposal facilities. Provides that the Waste Management and Radiation Control Board may report on account adequacy and impose fees if an existing facility increases its licensed disposal volume by 25 percent or more.

HB0297 Substitute 1 Renewable Energy Amendments
Renewable energy facility means a renewable energy source that is located in the state or outside the state and provides energy from baseload renewable resources. A renewable energy facility does not include an electric generating facility for which the electric generating facility's costs are included in a qualified utility's rates as a facility that provides electric service to the qualified utility's system.

HB0304 Water Conservation Amendments
States that a legislative body may not require more than 5% of a property be landscaped with vegetation if the property is within a zoning district that is primarily intended for commercial or industrial uses.

HB 0392 Air Quality Policy Advisory Board
Creates the Air Quality Policy Advisory Board. The Board, composed of 10 voting members, shall seek the best available science to identify ways to improve air quality, identify and prioritize potential legislation and funding that will improve air quality, and make recommendations to the Legislature on how to improve air quality in the state.

HB0405 Hydrogen Fuel Production Incentives
Expands the uses for money in the Community Impact Fund to include a plant for the production of hydrogen fuel for zero-emission motor vehicles and provides for an oil and gas severance tax credit for a taxpayer that produces natural gas for use in the production of hydrogen fuel for zero-emission motor vehicles

HB0454 Nonattainment Area Pollution Reduction Amendments
Creates the Vehicle Repair Assistance Grant Restricted Account. Authorizes the Division of Air Quality to make a grant to certain individuals whose gross household income is at or below 150% of the federal poverty level (based on the qualifying individual's household size) for emissions-related repairs to a vehicle that is registered in a nonattainment area and fails an emissions inspection. Establishes an application process, eligibility requirements, and the maximum grant amounts that the Division of Air Quality may make, and provides for payment of the grant by the Division of Air Quality.

HB0457 Carbon Emissions Tax Act
Imposes a tax on various carbon based fuels, including coal, motor fuel, natural gas, and special fuel (as defined), provides for an escalation of the tax rate for several years, and provides for allocation of tax proceeds in an expendable revenue fund and the Transportation Infrastructure Fund of 2005.

HCR005 Substitute 1 Concurrent Resolution on Clean Fuel Buses
Supports the dedication of a portion of the funds allocated to the state from the Volkswagen settlement for the purpose of replacing at least a portion of the 433 dirty diesel school buses with clean-fuel school buses. Supports qualified school districts in bringing a plan and a 100 percent match to obtain a portion of the funds, resulting in an initiative to replace all Utah dirty diesel school buses with one of the numerous clean-fuel school bus alternatives.

HCR008 Concurrent Resolution Regarding the Volkswagen Settlement
Highlights provisions of the Volkswagen Partial Consent Decree and outlines the State of Utah's participation as a beneficiary of Volkswagen Environmental Mitigation Trust funds.

HCR015 Concurrent Resolution on Sustainable Management of Utah's Water QualityEncourages water-quality standards to be based on the best available research and
science to improve and protect Utah's water quality and encourages the Division of Water Quality, stakeholders, and local elected officials to conduct water-quality research on a mutually agreed collaborative process. The resolution also urges the Division of Water Quality to work in partnership with the publicly owned treatment works (POTWs) and local elected officials to develop the best available science and research regarding Utah's unique water systems.

HCR018 Concurrent Resolution Encouraging Utahns to Consider the Smog Rating When Purchasing a Vehicle
Recognizes how vehicle emissions impact Utah's air quality and acknowledges the air-quality benefits of purchasing a vehicle with a smog rating of eight or higher. Encourages citizens of the state to consider a vehicle's smog rating and purchase a vehicle with a smog rating of eight or higher.

HCR026 Concurrent Resolution Urging Restoration of Utah Lake
Urges speedy and comprehensive solutions to restore Utah Lake and address challenges to the lake, including water clarity, water quality, invasive species, and the preservation of the storage and water supply functions. Urges solutions that restore a vibrant fishery, including restoration of the Bonneville cutthroat trout population and recovery of the June sucker, while improving habitat for waterfowl and other wildlife species.Urges solutions for removing invasive plant species, restoring littoral zone plant communities, and restoring native plant species. Urges solutions that maximize and ensure recreational access and opportunities on Utah Lake while also improving the use of the lake for Utah and its citizens.

HJR018 Joint Resolution on Economic and Environmental Stewardship
Expresses commitment to conservative environmental stewardship. Acknowledges Utah's existing commitment to reduce combustion emissions and improve air quality. Recognizes that climate disruption poses a potential threat to our national security and that good stewardship of the economy and environment fosters security, sustainability, and independence.

SB0005 Substitute 1 Natural Resources, Agriculture and Environmental Quality Base Budget
Provides appropriations for the use and support of the Department of Environmental Quality along with reporting requirements for specified performance measures.

SB0011 Substitute 2 Water Development Commission Amendments
Reduces the number of members of the State Water Development Commission, including the executive director of the Department of Environmental Quality, executive director of the Department of Natural Resources, and commissioner of the Department of Agriculture and Food.

SB0024 Substitute 1 Heavy Duty Tax Credit Amendments
Amends the corporate and individual alternative-fuel heavy-duty vehicle tax credits. Removes references to qualified conversions and modifies the definition of a "qualified heavy-duty vehicle" to include heavy-duty vehicles that have hydrogen-electric and electric drivetrains for purposes of receiving a corporate or individual income tax credit.

SB0066 Administrative Law Judge Amendments
Clarifies that an administrative law judge or the executive director of the Department of Environmental Quality may not participate in ex parte communication without placing it in the public record. The executive director, however, may discuss ongoing operational matters that require the involvement of a division director without violating this provision.

SB0079 Substitute 1 Waste Management Amendments
Modifies the Radiation Control Act by establishing certain financial assurance requirements for closure and post-closure care of licensed and unlicensed facilities, along with technical and conforming changes. Changes the definition of a radioactive waste facility to mean a facility that decays radioactive waste in storage, treats radioactive waste, or disposes of radioactive waste commercially for profit or generated at locations other than the radioactive waste facility.

SB0094 Substitute 1 Local District Revisions
Modifies the circumstances under which a local district may levy or collect a property tax that exceeds the certified tax rate. Imposes requirements for a member of an appointed board of trustees to report the property tax increase to the legislative body that appointed or nominated the member of the board of trustees.

SB0154 Substitute 2 Solar Access Amendments
Provides that, for real property governed by a community association, a governing document may not prohibit or restrict an owner's installation of a solar energy system under certain circumstances. Provides that a declaration may prohibit or restrict the size, location, or manner of placement of a solar energy system under certain circumstances. Provides that an association may, by association rule, restrict an owner's installation of a solar energy system under certain circumstances..

SB0197 Substitute 1 Refinery Sales and Use Tax Exemption Amendments
Provides a sales and use tax exemption for amounts paid or charged for a purchase or lease of machinery, equipment, or normal operating repair or replacement parts by a refiner. Beginning on July 1, 2021, the refiner must comply with the United States Environmental Protection Agency's Tier 3 gasoline sulfur standard (an average gasoline sulfur level of 10 parts per million (ppm)) to receive the sales tax and use exemption.

SB0214 Substitute 1 Public Water Supplier Amendments
Proposes a study regarding entities that may file an application for an instream flow, including the Division of Wildlife Resources, the Division of Parks and Recreation, certain nonprofit fishing groups, and public water suppliers. Encourages the Water Development Commission and the Executive Water Task Force to study the application process for an instream flow and to present their findings, conclusions, and conceptual outline for any suggested legislation to the Legislature before the 2018 General Session.

SB0217 Environmental Impact Mitigation regarding New Prison Project
Requires the Division of Air Quality to report on air-quality monitoring activities in the vicinity of the new correctional facilities construction project and requires the Department of Administrative Services to devote a section of its website to providing information about environmental impact mitigation efforts in connection with the new correctional facilities construction project. Requires the Prison Development Commission to invite the presentation of information at commission meetings concerning environmental impact mitigation efforts in connection with the new correctional facilities construction project.

SB0218 Air Quality Board Membership Amendments
Modifies the membership of the Air Quality Board and reduces it from nine to seven members. Membership would include three members appointed by the governor and confirmed by the Senate: (i) one representative of the mining, fuels, or manufacturing industry, (ii) one licensed physician, and (iii) one scientist with relevant training and experience); two members appointed by the minority leader of the Senate and confirmed by the Senate: (i) one scientist with relevant training and experience, and (ii) one representative of an environmental organization who has no ties to government or industry; and two members, appointed by the speaker of the House and confirmed by the Senate: (i) one government representative, and (ii) one representative of the public who is trained and experienced in public health.

SB0244 Retail Bag Impact Reduction Program
Imposes a 10 cent fee on single-use retail bags to be paid by the customer to the retailer at the time of purchase. Creates an expendable special revenue fund known as the "Retail Bag Impact Reduction Fund" consisting of the proceeds of the fee. After a retail business retains four cents of the fee, the State Tax Commission shall distribute between two to four cents to the Department of Environmental Quality to pay for the agency's administrative costs for promoting the use of reusable bags or other sustainable alternatives to replace single-use retail bags; increasing awareness of environmental impacts of single-use retail bags; providing access to recycling bins and facilities in retail businesses and in areas of the community having limited access to recycling; developing and implementing strategies and practices to prevent and remediate litter; educating the public about materials that are difficult to recycle and hazardous to the environment; promoting and facilitating recycling; and encouraging environmental sustainability.

SB0268 Waste Amendments
Provides that waste entering Utah for disposal or treatment, excluding incineration, that is classified by Utah as nonhazardous solid waste shall be treated or disposed as nonhazardous solid waste, regardless of how it is classified by the state of origin.

SB0273 Energy Development Amendments
Enacts the Commercial Property Assessed Clean Energy Act or C-PACE. Provides for a local governing body to adopt an energy assessment resolution or ordinance to designate an energy assessment area and levy an energy assessment upon private property to cover the costs of an energy efficiency upgrade, a renewable energy system, or an electric-vehicle charging infrastructure. An energy assessment area contains only the property of owners who have voluntarily consented to an assessment for the purpose of financing the costs of improvements that
benefit property within the area.

SCR003 Concurrent Resolution Requesting the Department of Energy Adequately Fund the Uranium Mill Tailings Remedial Action Project
Urges the United States Department of Energy to allocate adequate funding for the expedited removal of the remaining eight million tons of uranium mill tailings from the banks of the Colorado River, formally known as the Moab Uranium Mill Tailings Remedial Action project. Urges the United States Department of Energy to allocate adequate funding to ensure that the tailings are safely transported to the Crescent Junction disposal cells.

SJR009 Joint Resolution on Climate Change
Recognizes the adverse effects of climate change if it is not addressed; expresses the need for fact-based stewardship of the economy and environment; acknowledges Utah's demonstrated commitment to reduce greenhouse gas emissions and improve air quality; and expresses commitment to create and support solutions and studies to address the causes and effects of climate change.

SJR011 Joint Resolution Urging Congress to Provide the Necessary Funding for Completion of the Central Utah Project
Calls upon Utah's congressional delegation to urge the new administration to budget sufficient funds to fund construction of the remaining portions of the Bonneville Unit of the Central Utah Project, including its environmental components. Urges the United States Congress to appropriate the budgeted funds to enable the Central Utah Project to be completed.