Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 71 First Substitute (2023GS)

Sponsor

Rep. Peterson, K.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Department of Health and Human Services and the Department of Environmental Quality, when reviewing policies or rules that affect local health departments, to make certain determinations;
• requires the Department of Health and Human Services and local health departments to report on funding received from each county to accomplish minimum performance standards;
• clarifies that the Department of Health and Human Services and the Department of Environmental Quality must have a funding formula for allocating contract funds outlined in administrative rule;
• creates a reporting requirement; and
• makes technical changes.

Every vote on this bill

Bill text

LOCAL HEALTH DEPARTMENT REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen M. Peterson
Senate Sponsor: 
Michael S. Kennedy
LONG TITLE
General Description:
This bill enacts provisions related to local health department governance. 
Highlighted Provisions:
This bill:
▸ requires the Department of Health and Human Services and the Department of
Environmental Quality, when reviewing policies or rules that affect local health
departments, to make certain determinations;
▸ requires the Department of Health and Human Services and local health
departments to report on funding received from each county to accomplish
minimum performance standards;
▸ clarifies that the Department of Health and Human Services and the Department of
Environmental Quality must have a funding formula for allocating contract funds
outlined in administrative rule;
▸ creates a reporting requirement; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-1-201
, as last amended by Laws of Utah 2020, Chapter 256
26A-1-115
, as last amended by Laws of Utah 2018, Chapter 330
26A-1-116
, as last amended by Laws of Utah 1991, Chapter 112 and renumbered and
amended by Laws of Utah 1991, Chapter 269
26B-1-207
, as renumbered and amended by Laws of Utah 2022, Chapter 255
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-1-201
 is amended to read:
19-1-201.
Powers and duties of department -- Rulemaking authority --
Committee -- Monitoring environmental impacts of inland port.
(1) The department shall:
(a) enter into cooperative agreements with the Department of Health 
and Human
Services
 to delineate specific responsibilities to assure that assessment and management of risk
to human health from the environment are properly administered;
(b) consult with the Department of Health 
and Human Services
 and enter into
cooperative agreements, as needed, to ensure efficient use of resources and effective response
to potential health and safety threats from the environment, and to prevent gaps in protection
from potential risks from the environment to specific individuals or population groups;
(c) coordinate implementation of environmental programs to maximize efficient use of
resources by developing, in consultation with local health departments, a Comprehensive
Environmental Service Delivery Plan that:
(i) recognizes that the department and local health departments are the foundation for
providing environmental health programs in the state;
(ii) delineates the responsibilities of the department and each local health department
for the efficient delivery of environmental programs using federal, state, and local authorities,
responsibilities, and resources;
(iii) provides for the delegation of authority and pass through of funding to local health
departments for environmental programs, to the extent allowed by applicable law, identified in
the plan, and requested by the local health department; and
(iv) is reviewed and updated annually;
(d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, as follows:
(i) for a board created in Section 
19-1-106
, rules regarding:
(A) board meeting attendance; and
(B) conflicts of interest procedures; and
(ii) procedural rules that govern:
(A) an adjudicative proceeding, consistent with Section 
19-1-301
; and
(B) a special adjudicative proceeding, consistent with Section 
19-1-301.5
;
(e) ensure that training or certification required of a public official or public employee,
as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter 22, State
Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; and
(f) subject to Subsection (2), establish annual fees that conform with Title V of the
Clean Air Act for each regulated pollutant as defined in Section 
19-2-109.1
, applicable to a
source subject to the Title V program.
(2) (a) A fee established under Subsection (1)(f) is in addition to a fee assessed under
Subsection (6)(i) for issuance of an approval order.
(b) In establishing a fee under Subsection (1)(f), the department shall comply with
Section 
63J-1-504
 that requires a public hearing and requires the established fee to be
submitted to the Legislature for the Legislature's approval as part of the department's annual
appropriations request.
(c) A fee established under this section shall cover the reasonable direct and indirect
costs required to develop and administer the Title V program and the small business assistance
program established under Section 
19-2-109.2
.
(d) A fee established under Subsection (1)(f) shall be established for all sources subject
to the Title V program and for all regulated pollutants.
(e) An emission fee may not be assessed for a regulated pollutant if the emissions are
already accounted for within the emissions of another regulated pollutant.
(f) An emission fee may not be assessed for any amount of a regulated pollutant
emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
(g) An emission fee shall be based on actual emissions for a regulated pollutant unless
a source elects, before the issuance or renewal of a permit, to base the fee during the period of
the permit on allowable emissions for that regulated pollutant.
(h) The fees collected by the department under Subsection (1)(f) and penalties
collected under Subsection 
19-2-109.1
(4) shall be deposited into the General Fund as the Air
Pollution Operating Permit Program dedicated credit to be used solely to pay for the reasonable
direct and indirect costs incurred by the department in developing and administering the
program and the small business assistance program under Section 
19-2-109.2
.
(3) The department shall establish a committee that consists of:
(a) the executive director or the executive director's designee;
(b) two representatives of the department appointed by the executive director; and
(c) three representatives of local health departments appointed by a group of all the
local health departments in the state.
(4) 
(a)
 The committee established in Subsection (3) shall:
[
(a)
] 
(i)
 review the allocation of environmental quality resources between the
department and the local health departments
, including whether funds allocated by contract
were allocated in accordance with the formula described in Section 
26A-1-116
;
[
(b)
] 
(ii)
 evaluate 
rules and
 department policies that affect local health departments 
in
accordance with Subsection (4)(b)
;
[
(c)
] 
(iii)
 consider policy changes proposed by the department or by local health
departments;
[
(d)
] 
(iv)
 coordinate the implementation of environmental quality programs to
maximize environmental quality resources; and
[
(e)
] 
(v)
 review each department application for any grant from the federal government
that affects a local health department before the department submits the application.
(b) When evaluating a policy or rule that affects a local health department, the
committee shall:
(i) compute an estimate of the cost a local health department will bear to comply with
the policy or rule;
(ii) specify whether there is any funding provided to a local health department to
implement the policy or rule; and
(iii) advise whether the policy or rule is still needed.
(c) Before November 1 of each year, the department shall provide a report to the
Administrative Rules Review and General Oversight Committee regarding the determinations
made under Subsection (4)(b).
(5) The committee shall create bylaws to govern the committee's operations.
(6) The department may:
(a) investigate matters affecting the environment;
(b) investigate and control matters affecting the public health when caused by
environmental hazards;
(c) prepare, publish, and disseminate information to inform the public concerning
issues involving environmental quality;
(d) establish and operate programs, as authorized by this title, necessary for protection
of the environment and public health from environmental hazards;
(e) use local health departments in the delivery of environmental health programs to
the extent provided by law;
(f) enter into contracts with local health departments or others to meet responsibilities
established under this title;
(g) acquire real and personal property by purchase, gift, devise, and other lawful
means;
(h) prepare and submit to the governor a proposed budget to be included in the budget
submitted by the governor to the Legislature;
(i) in accordance with Section 
63J-1-504
, establish a schedule of fees that may be
assessed for actions and services of the department that are reasonable, fair, and reflect the cost
of services provided;
(j) for an owner or operator of a source subject to a fee established by Subsection (6)(i)
who fails to timely pay that fee, assess a penalty of not more than 50% of the fee, in addition to
the fee, plus interest on the fee computed at 12% annually;
(k) prescribe by rule reasonable requirements not inconsistent with law relating to
environmental quality for local health departments;
(l) perform the administrative functions of the boards established by Section 
19-1-106
,
including the acceptance and administration of grants from the federal government and from
other sources, public or private, to carry out the board's functions;
(m) upon the request of a board or a division director, provide professional, technical,
and clerical staff and field and laboratory services, the extent of which are limited by the
money available to the department for the staff and services; and
(n) establish a supplementary fee, not subject to Section 
63J-1-504
, to provide service
that the person paying the fee agrees by contract to be charged for the service to efficiently use
department resources, protect department permitting processes, address extraordinary or
unanticipated stress on permitting processes, or make use of specialized expertise.
(7) In providing service under Subsection (6)(n), the department may not provide
service in a manner that impairs another person's service from the department.
(8) (a) As used in this Subsection (8):
(i) "Environmental impacts" means:
(A) impacts on air quality, including impacts associated with air emissions; and
(B) impacts on water quality, including impacts associated with storm water runoff.
(ii) "Inland port" means the same as that term is defined in Section 
11-58-102
.
(iii) "Inland port area" means the area in and around the inland port that bears the
environmental impacts of destruction, construction, development, and operational activities
within the inland port.
(iv) "Monitoring facilities" means:
(A) for monitoring air quality, a sensor system consisting of monitors to measure levels
of research-grade particulate matter, ozone, and oxides of nitrogen, and data logging equipment
with internal data storage that are interconnected at all times to capture air quality readings and
store data; and
(B) for monitoring water quality, facilities to collect groundwater samples, including in
existing conveyances and outfalls, to evaluate sediment, metals, organics, and nutrients due to
storm water.
(b) The department shall:
(i) develop and implement a sampling and analysis plan to:
(A) characterize the environmental baseline for air quality and water quality in the
inland port area;
(B) characterize the environmental baseline for only air quality for the Salt Lake
International Airport; and
(C) define the frequency, parameters, and locations for monitoring;
(ii) establish and maintain monitoring facilities to measure the environmental impacts
in the inland port area arising from destruction, construction, development, and operational
activities within the inland port;
(iii) publish the monitoring data on the department's website; and
(iv) provide at least annually before November 30 a written report summarizing the
monitoring data to:
(A) the Utah Inland Port Authority board, established under Title 11, Chapter 58, Part
3, Port Authority Board; and
(B) the Legislative Management Committee.
Section 2. Section 
26A-1-115
 is amended to read:
26A-1-115.
Apportionment of costs -- Contracts to provide services -- Percentage
match of state funds -- Audit.
(1) (a) The cost of establishing and maintaining a multicounty local health department
may be apportioned among the participating counties on the basis of population in proportion
to the total population of all counties within the boundaries of the local health department, or
upon other bases agreeable to the participating counties.
(b) Costs of establishing and maintaining a county health department shall be a charge
of the county creating the local health department.
(c) Money available from fees, contracts, surpluses, grants, and donations may also be
used to establish and maintain local health departments.
(d) As used in this Subsection (1), "population" means population estimates prepared
by the Utah Population Committee.
(2) The cost of providing, equipping, and maintaining suitable offices and facilities for
a local health department is the responsibility of participating governing bodies.
(3) Local health departments that comply with all department rules and secure advance
approval of proposed service boundaries from the department may by contract receive funds 
under Section 
26A-1-116
 from the department to provide specified public health services.
(4) Contract funds distributed under Subsection (3) shall be in accordance with Section
26A-1-116
 and policies and procedures adopted by the department.
(5) Department rules shall require that contract funds be used for public health
services and not replace other funds used for local public health services.
(6) 
(a) (i)
 All state funds distributed by contract from the department to local health
departments for public health services shall be matched by those local health departments at a
percentage determined by the department in consultation with local health departments.
(ii)
 Counties shall have no legal obligation to match state funds at percentages in
excess of those established by the department and shall suffer no penalty or reduction in state
funding for failing to exceed the required funding match.
(b) By October 1 of each year, the department, in consultation with each local health
department, shall submit a written report to the Social Services Appropriations Subcommittee
describing, for the preceding five fiscal years, each county's annual per capita contribution to a
local health department that is used to meet the minimum performance standards described in
Section 
26A-1-106
.
(c) A county may submit an additional written report separate from the report described
in Subsection (6)(b) to the Social Services Appropriations Subcommittee outlining a county's
contribution to public and community health in the county through other methods that are
additional to the annual per capita contribution described in Subsection (6)(b).
(7) (a) Each local health department shall cause an annual financial and compliance
audit to be made of its operations by a certified public accountant. The audit may be conducted
as part of an annual county government audit of the county where the local health department
headquarters are located.
(b) The local health department shall provide a copy of the audit report to the
department and the local governing bodies of counties participating in the local health
department.
Section 3. Section 
26A-1-116
 is amended to read:
26A-1-116.
Allocation of state funds to local health departments -- Formula.
(1) (a) 
On or before July 1, 2024, each of the following shall establish in rule a formula
for allocating state funds by contract to local health departments:
(i) the department; and
(ii)
 [
The Departments of Health and Environmental Quality shall each establish by rule
a formula for allocating state funds by contract to local health departments.
] 
the Department of
Environmental Quality.
(b) This formula shall provide for allocation of funds based on need.
(c) Determination of need shall be based on population unless the department making
the rule establishes by valid and accepted data that other defined factors are relevant and
reliable indicators of need.
(d) The formula shall include a differential to compensate for additional costs of
providing services in rural areas.
[
(2) (a) The formulas established under Subsection (1) shall be in effect on or before
July 1, 1991.
]
[
(b)
] 
(2) (a)
 [
The
] 
Except as provided in Subsection (2)(b), the
 formulas apply to all
state funds appropriated by the Legislature to [
the Departments of Health and Environmental
Quality for local health departments.
] 
any of the following for local health department use:
(i) the department; or
(ii) the Department of Environmental Quality.
[
(c)
] 
(b)
 The formulas do not apply to funds a local health department receives from:
(i) sources other than the [
Departments of Health and
] 
department or the Department of
Environmental Quality; [
and
] 
or
(ii) the [
Departments of Health and
] 
department or the Department of
 Environmental
Quality:
(A) to operate a specific program within the local health department's boundaries
which program is available to all residents of the state;
(B) to meet a need that exists only within the local health department's boundaries; and
(C) to engage in research projects.
Section 4. Section 
26B-1-207
 is amended to read:
26B-1-207.
Policymaking responsibilities -- Regulations for local health
departments prescribed by department -- Local standards not more stringent than
federal or state standards -- Consultation with local health departments -- Committee to
evaluate health policies and to review federal grants.
(1) In establishing public health policy, the department shall consult with the local
health departments established under Title 26A, Chapter 1, Local Health Departments.
(2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department may prescribe by administrative rule made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, reasonable requirements not inconsistent
with law for a local health department as defined in Section 
26A-1-102
.
(b) Except where specifically allowed by federal law or state statute, a local health
department, as defined in Section 
26A-1-102
, may not establish standards or regulations that
are more stringent than those established by federal law, state statute, or administrative rule
adopted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) Nothing in this Subsection (2), limits the ability of a local health department to
make standards and regulations in accordance with Subsection 
26A-1-121
(1)(a) for:
(i) emergency rules made in accordance with Section 
63G-3-304
; or
(ii) items not regulated under federal law, state statute, or state administrative rule.
(3) (a) As used in this Subsection (3):
(i) "Committee" means the committee established under Subsection (3)(b).
(ii) "Exempt application" means an application for a federal grant that meets the
criteria established under Subsection (3)(c)(iii).
(iii) "Expedited application" means an application for a federal grant that meets the
criteria established under Subsection (3)(c)(iv).
(iv) "Federal grant" means a grant from the federal government that could provide
funds for local health departments to help them fulfill their duties and responsibilities.
(v) "Reviewable application" means an application for a federal grant that is not an
exempt application.
(b) The department shall establish a committee consisting of:
(i) the executive director, or the executive director's designee;
(ii) two representatives of the department, appointed by the executive director; and
(iii) three representatives of local health departments, appointed by all local health
departments.
(c) The committee shall:
(i) evaluate[
: (A)
] the allocation of public health resources between the department and
local health departments
, including whether funds allocated by contract were allocated in
accordance with the formula described in Section 
26A-1-116
; [
and
]
[
(B)
] 
(ii) evaluate
 policies 
and rules
 that affect local health departments 
in accordance
with Subsection (3)(g)
;
[
(ii)
] 
(iii)
 consider 
department
 policy 
and rule
 changes proposed by the department or
local health departments;
[
(iii)
] 
(iv)
 establish criteria by which an application for a federal grant may be judged
to determine whether it should be exempt from the requirements under Subsection (3)(d); and
[
(iv)
] 
(v)
 establish criteria by which an application for a federal grant may be judged to
determine whether committee review under Subsection (3)(d)(i) should be delayed until after
the application is submitted because the application is required to be submitted under a
timetable that makes committee review before it is submitted impracticable if the submission
deadline is to be met.
(d) (i) The committee shall review the goals and budget for each reviewable
application:
(A) before the application is submitted, except for an expedited application; and
(B) for an expedited application, after the application is submitted but before funds
from the federal grant for which the application was submitted are disbursed or encumbered.
(ii) Funds from a federal grant under a reviewable application may not be disbursed or
encumbered before the goals and budget for the federal grant are established by:
(A) a two-thirds vote of the committee, following the committee review under
Subsection (3)(d)(i); or
(B) if two-thirds of the committee cannot agree on the goals and budget, the chair of
the health advisory council, after consultation with the committee in a manner that the
committee determines.
(e) An exempt application is exempt from the requirements of Subsection (3)(d).
(f) The department may use money from a federal grant to pay administrative costs
incurred in implementing this Subsection (3).
(g) When evaluating a policy or rule that affects a local health department, the
committee shall determine:
(i) whether the department has the authority to promulgate the policy or rule;
(ii) an estimate of the cost a local health department will bear to comply with the policy
or rule;
(iii) whether there is any funding provided to a local health department to implement
the policy or rule; and
(iv) whether the policy or rule is still needed.
(h) Before November 1 of each year, the department shall provide a report to the
Administrative Rules Review and General Oversight Committee regarding the determinations
made under Subsection (3)(g).