Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 140 First Substitute (2018GS)

Sponsor

Rep. Hawkes, T.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• moves two sections of the Environmental Quality Code; and
• creates a new chapter in the Environmental Quality Code.

Every vote on this bill

Bill text

AIR QUALITY TECHNICAL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Timothy D. Hawkes
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill moves two sections of the Environmental Quality Code.
Highlighted Provisions:
This bill:
▸ moves two sections of the Environmental Quality Code; and
▸ creates a new chapter in the Environmental Quality Code.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
19-2a-101
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
19-2a-102
, (Renumbered from 19-2-128, as enacted by Laws of Utah 2017, Chapter
140)
19-2a-103
, (Renumbered from 19-2-129, as enacted by Laws of Utah 2017, Chapter
395)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-2a-101
 is enacted to read:
CHAPTER 2a. AIR QUALITY - SPECIAL PROVISIONS
 19-2a-101.
Title.
This chapter is known as "Air Quality - Special Provisions."
Section 2. Section 
19-2a-102
, which is renumbered from Section 19-2-128 is
renumbered and amended to read:
[
19-2-128
].
 19-2a-102.
Air Quality Policy Advisory Board created --
Composition -- Responsibility -- Terms of office -- Compensation.
(1) There is created the Air Quality Policy Advisory Board consisting of the following
10 voting members:
(a) two members of the Senate, appointed by the president of the Senate;
(b) three members of the House of Representatives, appointed by the speaker of the
House of Representatives;
(c) the director;
(d) one representative of industry interests, appointed by the president of the Senate;
(e) one representative of business or economic development interests, appointed by the
speaker of the House of Representatives, who has expertise in air quality matters;
(f) one representative of the academic community, appointed by the governor, who has
expertise in air quality matters; and
(g) one representative of a nongovernmental organization, appointed by the governor,
who:
(i) represents community interests;
(ii) does not represent industry or business interests; and
(iii) has expertise in air quality matters.
(2) The Air Quality Policy Advisory Board shall:
(a) seek the best available science to identify legislative actions to improve air quality;
(b) identify and prioritize potential legislation and funding that will improve air
quality; and
(c) make recommendations to the Legislature on how to improve air quality in the
state.
(3) (a) Except as required by Subsection (3)(b), members appointed under Subsections
(1)(d), (e), (f), and (g) are appointed to serve four-year terms.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor, president of
the Senate, and speaker of the House of Representatives shall, at the time of appointment or
reappointment, adjust the length of terms to ensure that the terms of members are staggered so
that approximately half of the advisory board is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) The advisory board shall elect one member to serve as chair of the advisory board
for a term of one year.
(5) Compensation for a member of the advisory board who is a legislator shall be paid
in accordance with Section 
36-2-2
 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
Compensation.
(6) A member of the advisory board who is not a legislator may not receive
compensation or benefits for the member's service, but may receive per diem and travel
expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) The department shall provide staff support for the advisory board. 
Section 3. Section 
19-2a-103
, which is renumbered from Section 19-2-129 is
renumbered and amended to read:
[
19-2-129
].
 19-2a-103.
Gasoline vapor recovery -- Penalties.
(1) As used in this section:
(a) "Gasoline cargo tank" means a tank that:
(i) is intended to hold gasoline;
(ii) has a capacity of 1,000 gallons or more; and
(iii) is attached to or intended to be drawn by a motor vehicle.
(b) "Operator" means an individual who controls a motor vehicle:
(i) to which a gasoline cargo tank is attached; or
(ii) that draws a gasoline cargo tank.
(c) "Underground storage tank" means the same as that term is defined in Section
19-6-102
.
(2) The operator of a gasoline cargo tank shall comply with requirements of this
section if the operator:
(a) permits the loading of gasoline into the gasoline cargo tank; or
(b) loads an underground storage tank with gasoline from the gasoline cargo tank.
(3) Except as provided in Subsection (6), the operator of a gasoline cargo tank may
permit the loading of gasoline into a tank described in Subsection (2) or load an underground
storage tank with gasoline from the gasoline cargo tank described in Subsection (1) only if:
(a) emissions from the tank that dispenses 10,000 gallons or more in any one calendar
month are controlled by the use of:
(i) a properly installed and maintained vapor collection and control system that is
equipped with fittings that:
(A) make a vapor-tight connection; and
(B) prevent the release of gasoline vapors by automatically closing upon disconnection;
and
(ii) submerged filling or bottom filling methods; and
(b) the resulting vapor emitted into the air does not exceed the levels described in
Subsection (4).
(4) Vapor emitted into the air as a result of the loading of a tank under Subsection (3)
may not exceed 0.640 pounds per 1,000 gallons transferred.
(5) (a) The department may fine an operator who violates this section:
(i) up to $1,000 for a first offense; or
(ii) up to $2,000 for a second offense.
(b) An operator who violates this section is guilty of a class C misdemeanor for a third
or subsequent offense.
(6) If a facility at which an underground storage tank is located does not have the
equipment necessary for an operator of a gasoline cargo tank to comply with Subsection (3),
the operator is excused from the requirements of Subsections (3) and (4) and may not be fined
or penalized under Subsection (5).
Legislative Review Note
Office of Legislative Research and General Counsel