Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 6004 First Substitute (2020S6)

Sponsor

Sen. Winterton, R.

Final action

Governor Signed 8/31/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• prohibits the making, amending, or repealing of certain rules for a set period of time unless certain conditions are met;
• prohibits imposing new fees or increasing fees for a set period of time; and
• provides for exceptions.

Every vote on this bill

Bill text

REGULATORY CERTAINTY AMENDMENTS
SIXTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Ronald Winterton
House Sponsor: 
Carl R. Albrecht
LONG TITLE
General Description:
This bill addresses a moratorium on rulemaking and fee changes.
Highlighted Provisions:
This bill:
▸ prohibits the making, amending, or repealing of certain rules for a set period of time
unless certain conditions are met;
▸ prohibits imposing new fees or increasing fees for a set period of time; and
▸ provides for exceptions.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
ENACTS:
19-1-207
, Utah Code Annotated 1953
40-6-22
, Utah Code Annotated 1953
Utah Code Sections Affected by Revisor Instructions:
19-1-207
, Utah Code Annotated 1953
40-6-22
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-1-207
 is enacted to read:
 19-1-207.
Regulatory certainty to support economic recovery.
(1) On or before June 30, 2021, the Air Quality Board or the Water Quality Board may
not make, amend, or repeal a rule related to air or water quality pursuant to this title, if formal
rulemaking was not initiated on or before July 1, 2020, unless the rule constitutes:
(a) a state rule related to a federally-delegated program;
(b) a rule mandated by statute to be made, amended, or repealed on or before July 1,
2020; or
(c) subject to Subsection (2), a rule that is necessary because failure to make, amend, or
repeal the rule will:
(i) cause an imminent peril to the public health, safety, or welfare;
(ii) cause an imminent budget reduction because of budget restraints or federal
requirements;
(iii) place the agency in violation of federal or state law; or
(iv) fail to provide regulatory relief.
(2) In addition to complying with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the department shall report to the Administrative Rules Review Committee as
to whether the need to act meets the requirements of Subsection (1)(c).
(3) On or after the effective date of this bill but on or before June 30, 2021, the Air
Quality Board, Division of Air Quality, Water Quality Board, or Division of Water Quality
may not impose a new fee or increase a fee related to air or water quality pursuant to this title
or rules made under this title.
(4) Only the Legislature may extend the time limitations of this section.
(5) Notwithstanding the other provisions of this section, this section does not apply to a
rule, fee, or fee increase to the extent that the rule, fee, or fee increase applies to an activity in a
county of the first or second class.
(6) Notwithstanding the other provisions of this section, the agencies may engage with
stakeholders in the process of discussing, developing, and drafting a rule, fee, or fee increase
on or after July 1, 2020, but on or before June 30, 2021.
Section 2. Section 
40-6-22
 is enacted to read:
 40-6-22.
Regulatory certainty to support economic recovery.
(1) On or before June 30, 2021, the board or division may not make, amend, or repeal a
rule pursuant to this title, if formal rulemaking was not initiated on or before July 1, 2020,
unless the rule constitutes:
(a) a state rule related to a federally-delegated program;
(b) a rule mandated by statute to be made, amended, or repealed on or before July 1,
2020; or
(c) subject to Subsection (2), a rule that is necessary because failure to make, amend, or
repeal the rule will:
(i) cause an imminent peril to the public health, safety, or welfare;
(ii) cause an imminent budget reduction because of budget restraints or federal
requirements;
(iii) place the agency in violation of federal or state law; or
(iv) fail to provide regulatory relief.
(2) In addition to complying with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the board or division shall report to the Administrative Rules Review
Committee as to whether the need to act meets the requirements of Subsection (1)(c).
(3) On or after the effective date of this bill but on or before June 30, 2021, the board
or division may not impose a new fee or increase a fee pursuant to this title or rules made under
this title.
(4) Only the Legislature may extend the time limitations of this section.
(5) Notwithstanding the other provisions of this section, this section does not apply to a
rule, fee, or fee increase to the extent that the rule, fee, or fee increase applies to an activity in a
county of the first or second class.
(6) Notwithstanding the other provisions of this section, the agencies may engage with
stakeholders in the process of discussing, developing, and drafting a rule, fee, or fee increase
on or after July 1, 2020, but on or before June 30, 2021.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 4. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace the references in Subsections
19-1-207
(3) and 
40-6-22
(3) from "the effective date of this bill" to the bill's actual effective
date.