Utah Legislature 2019 Environmental Bill Tracker

Utah Legislature

The Department of Environmental Quality tracks environmental legislation before the 2019 Utah State Legislature as a service to the public. Bills and substitutions/modifications are updated daily.

HB0011 Property Tax Amendments

Modifies the property tax valuation and appeals processes for county assessed real property.

HB0012 Instream Flow Water Right Amendments

Repeals the repeal date for an instream flow water right for trout habitat.

HB0031  Water Supply and Surplus Water Amendments

Describes the process by which a municipality may provide water to customers outside the municipality’s political boundary and states that a municipality may not sell the municipality’s waterworks except to a public entity as defined in statute.

HB0032 Substitute 1 Rulemaking Fiscal Accountability Amendments

Provides for review and legislative approval before the Water Quality Board adopts a nitrogen or phosphorus rule or standard that requires an expenditure by an individual public system in excess of $10 million but less than $100 million. If compliance with the rule or standard requires an expenditure in excess of $250,000 but less than $10 million or more, the Water Quality Board shall submit the rule or standard to the Natural Resources, Agriculture, and Environmental Committee. If compliance with the rule or standard requires an expenditure of $10 million or more, the board shall submit the rule or standard for approval to the Legislature. Requires that before an agency enacts a rule, the agency shall submit to the appropriations and interim subcommittees with jurisdiction over the agency’s proposed rule for review if the proposed rule, over a three-year period, has a fiscal impact of more than $250, 000 to a single person or $7.5 million to a group of persons.

HB0074 Open Meeting Amendments

Modifies the purposes for which a closed meeting may be held to include the purpose of receiving legal advice from the public body’s attorney.

HB0078 Federal Designations

Addresses a political subdivision’s official support of land-use designation proposed in proposed congressional land-use legislation and the process for review, approval, and disapproval.

HB0091 Agriculture Land Amendments

Directs the Department of Agriculture and Food to conduct a study identifying and classifying private agricultural land.

HB0098  Freight Switcher Emissions Mitigation

Creates procedures and terms for the Division of Air Quality to issue grants for the reduction of freight switcher locomotive emissions under the Clean Air Retrofit, Replacement, and Off-road Technology (CARROT) Program. The bill includes a one-time appropriation of $2 million from the General Fund.

HB0107 Substitute 3 Sustainable Transportation and Energy Plan Act Amendments

Amends the Sustainable Transportation Act Plan Act to expand the program to include a large-scale natural gas utility. The Public Utilities Commission may authorize a gas corporation to establish a program that promotes sustainability by increasing access to natural gas vehicles. In determining whether a project is in the public interest, the Commission shall consider potential air-quality improvements associated with the proposed project, among other factors.

HB0109 Substitute 1 Hydrogen Fuel Production Amendments

Expands the definition of “throughput infrastructure project” to include a plant or facility that stores, produces, or distributes hydrogen for use as a fuel in zero-emission motor vehicles, for electrical generation, or for industrial use in the context of allowable uses for money in the Permanent Community Impact Fund. Expands the definition of “high-cost infrastructure project” to include the construction of a plant or other facility for the production and distribution of hydrogen fuel used for transportation.

HB0123  Jordan River Recreation Area Amendments

Amends provisions related to the Jordan River recreation area, including acceptable expenditures by the Division of Forestry, Fire, and State Lands for capital improvements within the recreation area and partnerships with service-oriented organizations or programs for trail maintenance, invasive species removal, and education programs.

HB0126  Tire Recycling Modifications

Modifies the definition of “crumb rubber,” addresses the definition and responsibilities of a waste tire transporter, adjusts the rates of partial reimbursement, and addresses funding for management of certain landfill or abandoned waste tire piles.

HB0139 Substitute 1 Motor Vehicle Emissions Amendments

Amends the penalties for a vehicle that violates the emission standards and prohibits the distraction or endangerment of a vulnerable highway user by the emission of excessive exhaust. Requires the court to report repeat offenders of emission standards to the local health department in certain circumstances. Requires the local health department to report repeat offenders of emission standards to the Division of Motor Vehicles in certain circumstances

HB0143 Water Conservation Plan Amendments

Modifies what is required to be included in a water conservation plan by retail water providers and water conservancy districts.

HB0148  Substitute 4 Vehicle Idling Restrictions

Amends some limitations on a local highway authority’s ability to enact restrictions on vehicle idling.

HB0155 Fire Management Provisions

Addresses the management of wildland fires.  Imposes requirements for being permitted to conduct large prescribed fires, large prescribed pile fires. or nonfull suppression event.

HB0218 Construction Code Modifications

Increases the energy performance of new commercial buildings to the 2018 provisions of the International Energy Conservation Code. Increases the energy performance of residential buildings to the 2015 provisions of the International Energy Conservation Code.

HB0220 Substitute 4 Radioactive Waste Amendments

Modifies provisions relating to the disposal of radioactive waste, specifically concentrated depleted uranium. Provides that certain waste classifications are determined at the time of acceptance and allows the director of the Division of Waste Management and Radiation Control to authorize alternate requirements for waste classification and characteristics that would allow an entity to accept certain waste at a specific site. Imposes taxes on certain waste. States that the director shall require as a condition to the disposal of quantities by a radioactive waste facility of a total aggregate quantity of more than one metric ton of concentrated depleted uranium: (a) an approved performance assessment;  (b) designation of a federal cell by the director; and (c) that the United States Department of Energy accepts perpetual management of the federal cell, title to the land on which the federal cell is located, title to the waste in the federal cell, and financial stewardship for the federal cell and waste in the federal cell. A radioactive waste facility disposal tax for concentrated depleted uranium and specific-site approved waste will be imposed based on a percentage of the gross receipts for specific types of wastes.

HB0263 Emission Testing Revisions

Clarifies that a visual inspection of emissions equipment on certain diesel-powered motor vehicles is required for model years 1998 and newer.

HB0288 Substitute 2 Critical Infrastructure Materials

Enacts provisions related to vested critical infrastructure materials operations (i.e., the extraction, excavation, processing, or re-processing of sand, gravel, or rock aggregate).  Provides for the creation of critical infrastructure materials protection areas and limits local regulation of this area.

 HB0295 Substitute 1 Vehicle Emissions Reduction Program

Creates the Vehicle Emissions Reduction Program Restricted Account and Vehicle Emissions Reduction Program to provide financial assistance in the purchase of a motor vehicle under certain conditions. Establishes certain criteria by which a person may participate in the program and requires certain local health departments to assist in administering the program. Requires the Air Quality Board to make rules for the administration of the program and the Division of Air Quality, under certain circumstances, to conduct a public service campaign and a study, submitting the results of the study to the Transportation Interim Committee. Defines terms and processes for Vehicle Emissions Reduction Certification. Creates a repeal date requiring committee review of the program.

HB0304 Fossil Fuels Tax Amendments

Creates a tax on carbon-dioxide emissions.

HB0305 Post Disaster Recovery Mitigation Restrictive Account

Creates a restricted account and sets eligibility requirements for counties and municipalities to receive grants from the restricted account.

HB0310 Substitute 1 Solid And Hazardous Waste Amendments

Modifies provisions related to solid and hazardous waste, including that solid waste does not include metals purchased as a valuable commercial commodity and not otherwise hazardous waste or subject to conditions of the federal hazardous waste regulations, including the requirements for recyclable materials. Addresses waste generated and disposed of onsite. Provides that Waste Management and Radiation Control Board requirements to determine whether the proposed construction, modification, installation, or establishment of the facility will be in accordance with rules does not include a commercial facility solely for the purpose of recycling, reuse, or reprocessing the following waste or a facility when the following waste is generated and the disposal occurs at an on-site disposal location owned and operated by the generator of the waste receives: fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels. Does not include facilities that generate or dispose of waste onsite from the extraction, beneficiation, and processing of ores or minerals listed in
40 C.F.R. 261.4(b)(7)(ii) or cement kiln dust.

HB0321 Public Improvements To Provide Sewer Services

Amends the process for protesting the designation of a sewer assessment area.

HB0339 Substitute 1 Legacy Parkway Truck Ban Modifications

Extends the truck ban on Legacy Parkway.

HB0353 Reduction Of Single Occupancy Vehicle Trips

Appropriates a one-time appropriation from the General Fund of $1.2 million for fiscal year 2020 to the Department of Environmental Quality Trip Reduction Program.

HB0357 Substitute 1 Voluntary Wood Burning Conversion Program

Modifies the type of wood-burning for conversions and modifies requirements to be eligible for the conversion program. Appropriates a one-time appropriation from the General Fund of $14 million for fiscal year 2019 to the Department of Environmental Quality, Division of Air Quality, for a wood-burning conversion program.

HB0360 School Water Testing Requirements

Requires the Drinking Water Board to make administrative rules that create a pr0ogram related to lead concentration in the drinking water of schools and child care centers, establish a lead concentration level at or above which schools and child care centers are required to undertake mitigation activities and requires schools and child care centers to undertake certain monitoring, reporting, and mitigation activities. Appropriates one-time funding to the DEQ Environmental Mitigation and Response Fund of $5 million.

HB0377 Capitol Hill Water Usage Amendments

This bill requires the State Capitol Preservation Board to reduce the amount of water that is used at the capitol hill complex by 25 percent. Requires the State Capitol Preservation Board to create and implement a water management plan and requires the State Capitol Preservation Board to consult with the Division of Water Resources.

HB0387 Substitute 6 Boards and Commissions Amendments

Requires the governor to review and provide certain recommendations regarding each newly created board or commission. Adds a sunset date for the Air Quality Policy Advisory Board. Adds provisions to automatically repeal the Clean Air Act Compliance Advisory Panel (CAP).

HB0389 Incentive Program Amendments

Modifies and repeals provisions related to certain tax credits.  Creates a tax credit certificate process for the severance tax credit for natural gas that is converted to hydrogen fuel for use in zero emission motor vehicles. Creates a tax credit certificate process for the qualifying solar project individual income tax credit. Requires the Office of Energy Development to report to the State Tax Commission certain information from a tax credit certification that the Office of Energy     Development issues for a taxpayer to claim the renewable energy systems tax credit. Repeals the expired income tax credits for the purchase or lease of an energy- efficient vehicle.

HB0411 Substitute 2 Community Renewable Energy Act

 Outlines the role and rulemaking authority of the Utah Public Service Commission in approving a community renewable energy program under the act. Establishes and clarifies options for customer participation and nonparticipation in programs under the act. Provides an initial opt-out period for a participating customer to elect to leave the community renewable energy program without penalty. Establishes procedures concerning rates, customer billing, and renewable energy resource acquisition.

HB0413 Tax Credit for Energy Efficient Vehicles

Modifies the corporate and individual income tax credits related to energy-efficient vehicles. Authorizes assignment of the corporate and individual income tax credits.

HB0456  Water Amendments for Institutions of Higher Education

Provides that an institution of higher education using the institution of higher education’s water rights for certain uses is a public water supplier.

HB0433 Substitute 1 Inland Port Amendments

 Specifies the applicability of the Assessment Area Act to the Utah Inland Port Authority and extends the applicability of the Commercial Property Assessed Clean Energy Act to the Utah Inland Port Authority. Authorizes the Utah Inland Port Authority to adopt a project area plan for an area outside the authority jurisdictional land under certain conditions and modifies related provisions. Authorizes the Utah Inland Port Authority to own and operate a trade hub. Prohibits a political subdivision from challenging the creation, existence, funding,  powers, project areas, or duties of the Utah Inland Port Authority and prohibits the use of public money for any challenge. Authorizes the Public Service Commission to provide for a renewable energy tariff for certain customers within authority jurisdictional land. Includes numerous other provisions. 

HCR002 Substitute 1 Concurrent Resolution Supporting Renewable and Sustainable Energy Options to Promote Rural Economic Development 

Acknowledges the important role of rural communities in the development of energy resources.  Recognizes the economic and supply benefits that wind, solar, hydrogen, small-conduit hydroelectric, and geothermal energy development provide and supports the export of those Utah-produced renewable energy sources to other states. Recognizes the energy market opportunities available to those states that develop wind, solar, hydrogen, small conduit hydroelectric, and geothermal energy. Supports the development of wind, solar, hydrogen, small conduit hydroelectric, and geothermal energy in rural areas of the state as a complement to Utah’s diversified energy.

HCR003 Substitute 1 Concurrent Resolution Urging the Environmental Protection Agency to Update Switcher Locomotive Emission Standards

Recognizes the railroad’s economic impact in Utah and describes the Environmental Protection Agency’s (EPA) emission standards for switcher locomotives. Recognizes that more stringent emission standards for switcher locomotives would reduce harmful emissions in the state, acknowledges that federal law prohibits states from adopting more stringent emission standards for switcher locomotives, and urges the EPA to develop more stringent emission standards for switcher locomotives.

HCR005 Concurrent Resolution Urging Policies That Reduce Damage From Wildfires

Urges the federal government to pursue policies that allow for easier reduction of excess forest fuel loads. Urges the Legislature through the Natural Resources, Agriculture, and Environment Interim Committee, to work with the executive branch through the Utah Department of Natural Resources and their federal counterparts in the Forest Services to find policies that can improve our abilities to effectively use prescribed burns, including options for revising the Regional Haze State Implementation Plan to allow for easier permitting of prescribed burns during times of the year with low fire risk.

HCR009 Concurrent Resolution Commending Jordan School District on Its Natural Gas Fleet

Commends Jordan School District for investing in the state’s largest fleet of natural gas buses.

HCR010 Concurrent Resolution to Address Declining Water Levels at Great Salt Lake

Recognizes the critical importance of continued water flows to Great Salt Lake and its wetlands and the need for solutions to address declining water levels, while appropriately balancing economic, social, and environmental needs.

HCR013 Concurrent Resolution Encouraging Utah Refiners To Manufacture Tier 3 Gasoline To Improve Air Quality

Urges refineries operating within Utah to utilize the state sales and use tax exemption provided by the state to make the investments necessary to manufacture lower-sulfur Tier 3 gasoline in Utah.

HCR018 Concurrent Resolution Concerning Bear Lake

Recognizes the characteristics, benefits, and challenges of Bear Lake. Urges solutions to address challenges to Bear Lake and continued cooperation with the State of Idaho to develop joint expectations for continued health, beauty, and enjoyment of Bear Lake, Encourages the development of opportunities for participation of a wide range of stakeholders to develop recommendations to protect and enhance existing beneficial uses, maintain a healthy and sustainable lake, and preserve and protect Bear Lake for future generations.

HJR001 Proposal to Amend Utah Constitution-Municipal Water Resources

Proposes to amend the Utah Constitution to revise a provision relating to municipal water rights and sources of water supply, eliminate references to municipal waterworks, and specify the circumstances under which a municipality may commit water resources or supply water outside its boundary or exchange water resources. This resolution directs the lieutenant governor to submit this proposal to voters.

HJR018  Joint Resolution Withdrawing Approval for Class V Landfill

Withdraws the Legislature’s provisional approval in 2016 for the construction of a Class V commercial, nonhazardous solid-waste landfill to Promontory Point Resources.

SB002 Substitute 1 New and Current Fiscal Year Supplemental Appropriations Act

Allocates funding to each division within the Department of Environmental Quality to report specific performance measures for the division.  Allocates $10.9 million to the Division of Air Quality for air pollution reduction efforts, including targets for facility compliance with air pollution permit requirements, approval orders issued, data availability, and the per capita rate of statewide emissions. Requires that some of the $500,000 authorized for use on the Utah Lake study projects in the Division of Water Quality Base Budget be used to evaluate algal treatment concepts for Utah Lake. 

SB0017  Extraterritorial Jurisdiction Amendments

Modifies provisions regarding the extraterritorial jurisdiction of a municipality to enact protections for the municipality’s water waterworks and water sources and provides a process by which a municipality may adopt an ordinance or regulation under the municipality’s extraterritorial jurisdiction.

SB0019  Sunset Reauthorization — Used Oil Management Act

Extends the repeal date of the Used Oil Management Act from July 1, 2019, to July 1, 2029.

SB0020  Sunset Reauthorization — Solid and Hazardous Waste Act

Extends the repeal date of the Solid and Hazardous Waste Act from July 1, 2019, to July 1, 2029.

SB0021  Sunset Reauthorization — Air Conservation Act

Extends the repeal date of the Air Conservation Act from July 1, 2019, to July 1, 2029.

SB0022  Sunset Reauthorization — Safe Drinking Water Act

Extends the repeal date of the Safe Drinking Water Act from July 1, 2019, to July 1, 2029.

SB0023  Sunset Reauthorization — Water Quality Act

Extends the repeal date of the Water Quality Act from July 1, 2019, to July 1, 2029.

SB0024  State Energy Policy Amendments

Adds the promotion of certain nuclear power generation technologies, energy development in certain areas, and energy education programs in grades K-12 to the state energy policy.

SB0052 Secondary Metering Requirements

Addresses the metering of pressurized secondary water.

SB0046  Tire Recycling Amendments

Allows the Director of the Division of Waste Management and Radiation Control to authorize 100 percent reimbursement of a waste tire transporter’s or recycler’s cost if the  county applying for reimbursement is a county of the third, fourth, fifth, or sixth class or the municipality applying for reimbursement is in a county of the third, fourth, fifth, or sixth class.

SB0111 Substitute 1 Energy, Storage Innovation, Research, And Grant Program Act

Creates the Energy Storage Innovation, Research, and Grant Program to provide grants to advance the development and deployment of energy storage in the state, facilitate the transition of energy storage into the marketplace, and improve emergency preparedness and resiliency.

SB0114 Environmental Quality Monitoring Amendments

Directs the Department of Environmental Quality to establish and maintain monitoring facilities to measure environmental impacts from inland port development and to report the results of the monitoring.

SB0119 Legacy Truck Ban Amendments

Extends the truck ban on Legacy Parkway.

SB0144 Substitute 1 Environmental Quality Monitoring Amendments

Directs the Department of Environmental Quality to establish and maintain monitoring facilities to measure environmental impacts from inland port development and to report the results of the monitoring. Requires the characterization of the environmental baseline for air quality at the Salt Lake International Airport.

SB0152 Community Impact Fund Board Amendments

Modifies the membership of the Permanent Community Impact Fund Board and modifies the selection of the chair of the Permanent Community Impact Fund Board. Directs a portion of the receipts of the Permanent Community Impact Fund to be directed to the Seven County Infrastructure Coalition.

SB0189 Temporary Land Use Regulation Amendments

Adds a study of water availability, capacity, or quality that the Division of Water Quality conducts to the circumstances that allow a county legislative body to enact a temporary land-use regulation that prohibits certain development.

SB0194 Conservation Commission Amendments

This bill addresses purposes to obtain and administer federal or state money, expands purposes for the commission making loans, addresses the issuance of grants including specifying sources and purposes of the grants, and expands powers of advisory boards. Adds that the Agriculture Resource Development Fund may make loans for a project or program to improve water quality, control surface water runoff,  fund preparation of or implementation of a nutrient management plan,  or address other environmental issues.

SB0266 Waste Regulation Modifications

Provides that a permittee may convert a class I facility to a class V nonhazardous solid waste facility without obtaining approval from the director of a new operation plan, a new permit, or permit modification if the director approved an operation plan for the class I facility, the class I facility is constructed, the Legislature approves the class V nonhazardous solid waste facility,the governor approves the class V nonhazardous solid waste facility and the wastes to be received at the class V facility for treatment or disposal are wastes
that were approved in the original class I operation plan.

SCR006 Substitute 1 Concurrent Resolution in Support of Advanced Nuclear Reactor Technology

Supports the development and integration of advanced nuclear reactor technology as a way of supporting Utah’s continued economic growth while addressing the health of Utah’s environment and of its residents.

SCR009 Concurrent Resolution Regarding Navajo Water

This concurrent resolution of the Legislature and the Governor declares support for the negotiated settlement agreement of federal reserved water rights claims between representatives of the Navajo Nation, the United States, and the state of Utah.

SJR001  Joint Resolution Supporting the Study of Water Banking in Utah

Encourages the study of possible options to create and develop water banks to further the 2017 State Recommended Water Strategy and the preparation of recommendations for the Legislature to consider for the 2020 General Session.

Originally posted: January 10, 2019 at 11:10 am
Last updated: March 18, 2019 at 9:34 am
Categories: News