Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 365 Second Substitute (2018GS)

Sponsor

Rep. Stratton, K.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides for review of certain Water Quality Board rules or standards;
• modifies the duties of the Administrative Rules Review Committee; and
• makes technical amendments.

Every vote on this bill

Bill text

DEPARTMENT OF ENVIRONMENTAL QUALITY
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions relating to the Water Quality Board. 
Highlighted Provisions:
This bill:
▸ provides for review of certain Water Quality Board rules or standards;
▸ modifies the duties of the Administrative Rules Review Committee; and
▸ makes technical amendments. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-5-104.5
, as enacted by Laws of Utah 2011, Chapter 304
63G-3-501
, as last amended by Laws of Utah 2016, Chapter 193
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-5-104.5
 is amended to read:
19-5-104.5.
Legislative approval.
(1) Before sending a board-approved report, strategy, or recommendation that will
recommend a total maximum daily load end point and implementation strategy to the EPA for
review and approval, 
 or before the board adopts a rule or standard, 
 the Water Quality Board
shall submit the report, strategy, [
or
] recommendation
, rule, or standard 
:
(a) for review to the Natural Resources, Agriculture, and Environment Interim
Committee if the report, strategy, [
or
] recommendation
, rule, or standard 
 will require a public
or private expenditure
, during the life of an impacted facility, 
 in excess of $10,000,000 but less
than $100,000,000 for compliance; or
(b) for approval to the Legislature if the 
report,
 strategy
, recommendation, rule, or
standard 
 will require a public or private expenditure
, during the life of an impacted facility, 
 of
$100,000,000 or more.
(2) Determination of an expenditure under Subsections (1)(a) and (b) shall be based on
a cost estimate determined by the impacted facility or facilities. 
[
(2)
] 
(3)
 In reviewing a report, strategy, [
or
] recommendation, 
 rule, or standard under
Subsection (1)(a), 
 the Natural Resources, Agriculture, and Environment Interim Committee
may:
(a) suggest additional areas of consideration; or
(b) recommend the report, strategy, or recommendation be re-evaluated by the Water
Quality Board 
 and returned to the committee for further review 
.
Section 2. Section 
63G-3-501
 is amended to read:
63G-3-501.
Administrative Rules Review Committee.
(1) (a) There is created an Administrative Rules Review Committee of the following
10 permanent members:
(i) five members of the Senate appointed by the president of the Senate, no more than
three of whom may be from the same political party; and
(ii) five members of the House of Representatives appointed by the speaker of the
House of Representatives, no more than three of whom may be from the same political party.
(b) Each permanent member shall serve:
(i) for a two-year term; or
(ii) until the permanent member's successor is appointed.
(c) (i) A vacancy exists when a permanent member ceases to be a member of the
Legislature, or when a permanent member resigns from the committee.
(ii) When a vacancy exists:
(A) if the departing member is a member of the Senate, the president of the Senate
shall appoint a member of the Senate to fill the vacancy; or
(B) if the departing member is a member of the House of Representatives, the speaker
of the House of Representatives shall appoint a member of the House of Representatives to fill
the vacancy.
(iii) The newly appointed member shall serve the remainder of the departing member's
unexpired term.
(d) (i) The president of the Senate shall designate a member of the Senate appointed
under Subsection (1)(a)(i) as a cochair of the committee.
(ii) The speaker of the House of Representatives shall designate a member of the
House of Representatives appointed under Subsection (1)(a)(ii) as a cochair of the committee.
(e) Three representatives and three senators from the permanent members are a quorum
for the transaction of business at any meeting.
(f) (i) Subject to Subsection (1)(f)(ii), the committee shall meet at least once each
month to review new agency rules, amendments to existing agency rules, and repeals of
existing agency rules.
(ii) The committee chairs may suspend the meeting requirement described in
Subsection (1)(f)(i) at the committee chairs' discretion.
(2) The office shall submit a copy of each issue of the bulletin to the committee.
(3) (a) The committee shall exercise continuous oversight of the rulemaking process.
(b) The committee shall examine each rule submitted by an agency to determine:
(i) whether the rule is authorized by statute;
(ii) whether the rule complies with legislative intent;
(iii) the rule's impact on the economy and the government operations of the state and
local political subdivisions; [
and
]
(iv) the rule's impact on affected persons[
.
]
;
(v) the rule's total cost to entities regulated by the state; and 
(vi) whether adoption of the rule requires legislative notice or approval. 
(c) To carry out these duties, the committee may examine any other issues that the
committee considers necessary. The committee may also notify and refer rules to the chairs of
the interim committee that has jurisdiction over a particular agency when the committee
determines that an issue involved in an agency's rules may be more appropriately addressed by
that committee.
(d) In reviewing a rule, the committee shall follow generally accepted principles of
statutory construction.
(4) When the committee reviews existing rules, the committee chairs shall invite the
Senate and House chairs of the standing committee and of the appropriation subcommittee that
have jurisdiction over the agency whose existing rules are being reviewed to participate as
nonvoting, ex officio members with the committee.
(5) 
(a)
 The committee may request that the Office of the Legislative Fiscal Analyst
prepare a fiscal note on any rule.
(b) If the fiscal impact of a rule is greater than $10,000,000 to a single entity or
$100,000,000 to a group of entities, as determined by the Office of the Legislative Fiscal
Analyst under Subsection (5)(a), the rule shall be referred to the relevant appropriations
subcommittee for review. 
(6) In order to accomplish the committee's functions described in this chapter, the
committee has all the powers granted to legislative interim committees under Section 
36-12-11
.
(7) (a) The committee may prepare written findings of the committee's review of a rule
and may include any recommendations, including legislative action.
(b) When the committee reviews a rule, the committee shall provide to the agency that
enacted the rule:
(i) the committee's findings, if any; and
(ii) a request that the agency notify the committee of any changes the agency makes to
the rule.
(c) The committee shall provide a copy of the committee's findings, if any, to:
(i) any member of the Legislature, upon request;
(ii) any person affected by the rule, upon request;
(iii) the president of the Senate;
(iv) the speaker of the House of Representatives;
(v) the Senate and House chairs of the standing committee that has jurisdiction over the
agency that made the rule; and
(vi) the Senate and House chairs of the appropriation subcommittee that has
jurisdiction over the agency that made the rule.
(8) (a) The committee may submit a report on its review of state agency rules to each
member of the Legislature at each regular session.
(b) The report shall include:
(i) any findings and recommendations the committee made under Subsection (7);
(ii) any action an agency took in response to committee recommendations; and
(iii) any recommendations by the committee for legislation.
Legislative Review Note
Office of Legislative Research and General Counsel