Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 396 Second Substitute (2015GS)

Sponsor

Rep. Dee, B.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• prohibits the Division of Air Quality from implementing a seasonal ban on burning;
• provides for exemptions; and
• makes technical changes.

Every vote on this bill

Bill text

SOLID FUEL BURNING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad L. Dee
Senate Sponsor: 
Ralph Okerlund
Cosponsors:
Scott H. Chew
Brad M. Daw
Jack R. Draxler
Justin L. Fawson
Lee B. Perry
Marc K. Roberts
Mike Schultz
Norman K Thurston
LONG TITLE
General Description:
This bill provides for a solid fuel burning program.
Highlighted Provisions:
This bill:
▸ prohibits the Division of Air Quality from implementing a seasonal ban on burning;
▸ provides for exemptions; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates for fiscal year 2016:
▸ to the Department of Environmental Quality - Division of Air Quality, as a one-time
appropriation:
• from the General Fund, one-time, $70,000 to fund modeling.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
19-2-107.5
, as enacted by Laws of Utah 2014, Chapter 230
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-2-107.5
 is amended to read:
19-2-107.5.
Solid fuel burning.
(1) The division shall create a:
(a) public awareness campaign
, in consultation with representatives of the solid fuel
burning industry, the healthcare industry, and members of the clean air community,
 on 
best
wood burning practices and
 the effects of wood burning on air quality, specifically targeting
nonattainment areas; and
(b) program to assist an individual to convert a dwelling to a natural gas [
or other clean
fuel
]
, propane, or wood pellet
 heating source 
or a wood burning stove certified by the United
States Environmental Protection Agency
, as funding allows, if the individual:
(i) lives in a dwelling where a wood burning stove is the sole source of heat; and
(ii) is on the list of registered sole heating source homes.
(2) (a) The division may not impose a burning ban prohibiting burning during a
specified seasonal period of time.
(b) Notwithstanding Subsection (2)(a), the division shall:
(i) allow burning during local emergencies and utility outages; and
(ii) provide for exemptions, through registration with the division, for:
(A) devices that are sole sources of heat; or
(B) locations where natural gas service is limited or unavailable.
[
(2)
] 
(3)
 The division may seek private donations and federal sources of funding to
supplement any funds appropriated by the Legislature to fulfill Subsection (1)(b).
Section 2. 
Appropriation.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
are appropriated from resources not otherwise appropriated, or reduced from amounts
previously appropriated, out of the funds or accounts indicated. These sums of money are in
addition to any amounts previously appropriated for fiscal year 2016.
To the Department of Environmental Quality - Division of Air Quality
From General Fund, One-time
$70,000
Schedule of Programs:
Director's Office $70,000
The Legislature intends that, under Section 
63J-1-603
, appropriations under this section
not lapse at the close of fiscal year 2016. The use of any nonlapsing funds is limited to
modeling to consider the impact of emissions from solid fuel burning devices.
The Legislature intends that the appropriation under this section is to be used for
modeling to determine:
(1) a two-stage program that will best reduce emissions from wood-burning stoves
while allowing the maximum amount of days when EPA-certified devices and other
low-emission devices may be used for solid fuel burning; and
(2) the impact of a program to encourage citizens to replace unapproved solid fuel
burning devices in their homes with EPA-certified devices and other low-emission devices for
solid fuel burning.
The Legislature intends that, as the division performs the modeling described above, the
division may engage in standard procurement processes, as described in Title 63G, Chapter 6a,
Utah Procurement Code, and consult with both the Executive Appropriations Committee and
the solid fuel burning industry.
Section 3. 
Effective date.
This bill takes effect on July 1, 2015.