Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 136 Second Substitute (2022GS)

Sponsor

Sen. Escamilla, L.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Department of Environmental Quality to study and make recommendations on a diesel emissions reduction plan framework;
• provides for reporting;
• includes a repeal date; and
• makes technical changes.

Every vote on this bill

Bill text

AIR QUALITY POLICY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
Stephen G. Handy
Cosponsor:
Kirk A. Cullimore
LONG TITLE
General Description:
This bill requires a study by the Department of Environmental Quality.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Department of Environmental Quality to study and make
recommendations on a diesel emissions reduction plan framework;
▸ provides for reporting;
▸ includes a repeal date; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-2-219
, as last amended by Laws of Utah 2021, Chapters 64 and 71
ENACTS:
19-2a-102.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-2a-102.5
 is enacted to read:
 19-2a-102.5.
Emissions reduction plan study and recommendations.
(1) As used in this section:
(a) "Disproportionate air quality affected area" means a non-attainment area, as defined
in Clean Air Act, Section 107(d)(1)(A)(i), 42 U.S.C. Sec. 7407(d)(1)(A)(i), or a geographic
area that, when compared with other areas in the state, is more likely to be found to not meet
air quality standards.
(b) "Inland port" means a project area as that term is defined in Section 
11-58-102
.
(c) "Inland port area" means an area in and around an inland port that bears the
environmental impacts of destruction, construction, development, and operational activities
within the inland port.
(d) "Legislative interim committees" means:
(i) the Economic Development and Workforce Services Interim Committee;
(ii) the Natural Resources, Agriculture, and Environment Interim Committee; and
(iii) the Transportation Interim Committee.
(e) (i) "Underserved or underrepresented community" means a group of people,
including a municipality, county, or American Indian tribe, that is economically disadvantaged.
(ii) "Underserved or underrepresented community" may include an economically
disadvantaged community where the people of the community have limited access to or have
demonstrated a low level of use of emission reduction programs.
(2) The department shall conduct a study in accordance with Subsection (3) and
recommend to the legislative interim committees a Utah diesel emission reduction program in
accordance with Subsection (4).
(3) The department shall study:
(a) the Texas Emission Reduction Plan, Tex. Health & Safety Code Ann., C 386, and
other examples of diesel emission reduction programs;
(b) potential diesel emission reduction goals from targeted diesel emission sources that
apply to specific:
(i) on- and off-road diesel vehicles and equipment; and
(ii) geographic airsheds;
(c) potential diesel emission reduction financial incentive programs;
(d) potential revenue sources to fund incentive programs described in Subsection
(3)(c);
(e) administrative, evaluation, and reporting responsibilities; and
(f) potential environmental mitigation projects that could reduce emissions within and
around the inland port area and be implemented by the Utah Inland Port Authority.
(4) (a) The department shall recommend to the legislative interim committees a
framework of the Utah diesel emission reduction program that includes:
(i) diesel emission reduction goals;
(ii) financial incentive programs to encourage the reduction of diesel emissions;
(iii) revenue sources to fund the financial incentive programs described in Subsection
(4)(a)(ii); and
(iv) implementation of the Utah diesel emission reduction program, including:
(A) which one or more state agencies should administer the Utah diesel emission
reduction program;
(B) evaluation processes; and
(C) reporting requirements.
(b) The framework described in this Subsection (4) shall specifically include
recommendations for:
(i) registration surcharges:
(A) related to on- or off-road diesel equipment or vehicles sold, rented, or leased; and
(B) that are deposited into and allowed to accumulate in an expendable special revenue
fund for purposes related to the Utah diesel emission reduction program;
(ii) potential environmental mitigation projects for the inland port area identified under
Subsection (3)(f);
(iii) programs to foster new technology implementation, including:
(A) a grant program;
(B) the expansion of Utah's clean diesel program; or
(C) tax credits for cleaner equipment purchases;
(iv) financial incentives for the early retirement of heavy-duty diesel equipment and the
potential expansion of Title 19, Chapter 2, Part 2, Clean Air Retrofit, Replacement, and
Off-road Technology Program; and
(v) state construction contract incentives that are awarded to persons who
predominately use equipment that has the most current generation federal emissions standard
engines, clean alternative fuel engines, or electric motors.
(c) The framework described in this Subsection (4) shall provide for programs that
directly benefit:
(i) rural communities;
(ii) inland port areas;
(iii) underserved or underrepresented communities; and
(iv) disproportionate air quality affected areas.
(5) (a) The department shall make an interim report to the legislative interim
committees on the status of the study under this section during or before the November interim
meetings in 2022.
(b) The department shall provide a final report to the legislative interim committees of
the department's study and recommendations under this section, including any recommended
legislation, during or before the November interim meetings in 2023.
Section 2. Section 
63I-2-219
 is amended to read:
63I-2-219.
Repeal dates -- Title 19.
(1)
 Subsections 
19-2-109.2
(2) through (10), related to the Compliance Advisory Panel,
are repealed July 1, 2023.
(2) Section 
19-2a-102.5
, addressing a study and recommendations for a diesel emission
reduction program, is repealed July 1, 2024.