H.B. 18 - Petroleum Storage Tank Amendments

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Bill

Petroleum Storage Tank Amendments
Number: H.B. 18 (2025GS)
Sponsor: Rep. Eliason, Steve
Final action: Governor Signed 2/27/2025
Outcome: Became law — signed by Gov. Spencer J. Cox
Summary

This bill addresses the regulation of petroleum storage tanks.
What it does

This bill:
modifies definitions;
changes terms "underground" and "petroleum" as appropriate;
provides that the Petroleum Storage Tank Restricted Account earns interest to be deposited into that account;
addresses registration of underground storage tanks and aboveground petroleum storage tanks;
addresses the Petroleum Storage Tank Fund, including authorization to request certain legislative appropriations;
modifies assessment of an environmental assurance fee based on the cash balance of the Petroleum Storage Tank Fund;
modifies the petroleum storage tank fee provisions;
provides for certificates of compliance;
clarifies restrictions on petroleum storage tank installation companies;
directs certain monies be deposited into the Petroleum Storage Tank Cleanup Fund;
addresses claims not covered by the Petroleum Storage Tank Fund;
clarifies language regarding liability;
addresses eligibility for participation in the Petroleum Storage Tank Fund; and
Every vote on this bill

1/22/2025House Comm - Substitute Recommendation
House Revenue and Taxation Committee
9-0-2not eligible / no record
1/22/2025House Comm - Amendment Recommendation
House Revenue and Taxation Committee
9-0-2not eligible / no record
1/22/2025House Comm - Favorable Recommendation
House Revenue and Taxation Committee
10-0-1not eligible / no record
1/30/2025House/ passed 3rd reading
Senate Secretary
71-0-4YEA
2/5/2025Senate Comm - Favorable Recommendation
Senate Natural Resources, Agriculture, and Environment Committee
3-0-4not eligible / no record
2/5/2025Senate Comm - Consent Calendar Recommendation
Senate Natural Resources, Agriculture, and Environment Committee
3-0-4not eligible / no record
2/11/2025Senate/ passed 3rd reading
Senate President
22-0-7not eligible / no record
Bill text

enrolled version · official source
33
19-1-105
19-2a-103
19-6-105
19-6-401
19-6-402
19-6-403
19-6-404
19-6-405.5
19-6-407
19-6-409
19-6-410.5
19-6-411
19-6-412
19-6-416.5
19-6-420
19-6-424
19-6-426
19-6-428
19-8-113
19-8-119
63G-4-102
63I-1-219
19-1-105
19-2a-103
19-6-105
19-6-401
19-6-402
19-6-403
19-6-404
19-6-405.5
19-6-407
19-6-409
19-6-410.5
19-6-411
19-6-412
19-6-416.5
19-6-420
19-6-424
19-6-426
19-6-428
19-8-113
19-8-119
63G-4-102
63I-1-219
Petroleum Storage Tank Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: David P. Hinkins
LONG TITLE
General Description:
This bill addresses the regulation of petroleum storage tanks.
Highlighted Provisions:
This bill:
modifies definitions;
changes terms "underground" and "petroleum" as appropriate;
provides that the Petroleum Storage Tank Restricted Account earns interest to be 
deposited into that account;
addresses registration of underground storage tanks and aboveground petroleum storage 
tanks;
addresses the Petroleum Storage Tank Fund, including authorization to request certain 
legislative appropriations;
modifies assessment of an environmental assurance fee based on the cash balance of the 
Petroleum Storage Tank Fund;
modifies the petroleum storage tank fee provisions;
provides for certificates of compliance;
clarifies restrictions on petroleum storage tank installation companies;
directs certain monies be deposited into the Petroleum Storage Tank Cleanup Fund;
addresses claims not covered by the Petroleum Storage Tank Fund; 
clarifies language regarding liability;
addresses eligibility for participation in the Petroleum Storage Tank Fund; and
makes technical and conforming amendments.
Money Appropriated in this Bill:
This bill appropriates 
$4,000,000
 in restricted fund and account transfers for fiscal year 
2026, all of which is from the various sources as detailed in this bill.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-1-105
, (Effective 05/07/25) as last amended by Laws of Utah 2015, Chapter 451
19-2a-103
, (Effective 05/07/25) as renumbered and amended by Laws of Utah 2018, 
Chapter 120
19-6-105
, (Effective 05/07/25) as last amended by Laws of Utah 2021, Chapter 202
19-6-402
, (Effective 05/07/25) as last amended by Laws of Utah 2022, Chapter 451
19-6-403
, (Effective 05/07/25) as last amended by Laws of Utah 2021, Chapter 202
19-6-404
, (Effective 05/07/25) as last amended by Laws of Utah 2014, Chapter 227
19-6-405.5
, (Effective 05/07/25) as last amended by Laws of Utah 1998, Chapter 95
19-6-407
, (Effective 05/07/25) as last amended by Laws of Utah 2021, Chapter 202
19-6-409
, (Effective 05/07/25) as last amended by Laws of Utah 2022, Chapter 451
19-6-410.5
, (Effective 05/07/25) as last amended by Laws of Utah 2022, Chapter 451
19-6-411
, (Effective 05/07/25) as last amended by Laws of Utah 2022, Chapter 451
19-6-412
, (Effective 05/07/25) as last amended by Laws of Utah 2012, Chapter 360
19-6-416.5
, (Effective 05/07/25) as last amended by Laws of Utah 2012, Chapter 360
19-6-420
, (Effective 05/07/25) as last amended by Laws of Utah 2021, Chapter 202
19-6-424
, (Effective 05/07/25) as last amended by Laws of Utah 2012, Chapter 360
19-6-426
, (Effective 05/07/25) as last amended by Laws of Utah 1997, Chapter 172
19-6-428
, (Effective 05/07/25) as last amended by Laws of Utah 2021, Chapter 202
19-8-113
, (Effective 05/07/25) as last amended by Laws of Utah 2005, Chapter 200
19-8-119
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 158
63G-4-102
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 147
63I-1-219
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Third Special 
Session, Chapter 5
REPEALS:
19-6-401
, (Effective 05/07/25) as renumbered and amended by Laws of Utah 1991, 
Chapter 112
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
19-1-105
 is amended to read:
19-1-105 (Effective 05/07/25). Divisions of department -- Control by division 
directors.
(1)
The following divisions are created within the department:
(a)
the Division of Air Quality, to administer 
Title 19, Chapter 2, Air Conservation Act
Chapter 2, Air Conservation Act
;
(b)
the Division of Drinking Water, to administer 
Title 19, Chapter 4, Safe Drinking 
Water Act
Chapter 4, Safe Drinking Water Act
;
(c)
the Division of Environmental Response and Remediation, to administer:
(i)
Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act
Chapter 6, Part 
3, Hazardous Substances Mitigation Act
; and
(ii)
Title 19, Chapter 6, Part 4, Underground Storage Tank Act
Chapter 6, Part 4, 
Petroleum Storage Tank Act
;
(d)
the Division of Waste Management and Radiation Control, to administer:
(i)
Title 19, Chapter 3, Radiation Control Act
Chapter 3, Radiation Control Act
;
(ii)
Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act
Chapter 6, Part 1, 
Solid and Hazardous Waste Act
;
(iii)
Title 19, Chapter 6, Part 2, Hazardous Waste Facility Siting Act
Chapter 6, Part 
2, Hazardous Waste Facility Siting Act
;
(iv)
Title 19, Chapter 6, Part 5, Solid Waste Management Act
Chapter 6, Part 5, 
Solid Waste Management Act
;
(v)
Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal
Chapter 6, Part 6, Lead 
Acid Battery Disposal
;
(vi)
Title 19, Chapter 6, Part 7, Used Oil Management Act
Chapter 6, Part 7, Used 
Oil Management Act
;
(vii)
Title 19, Chapter 6, Part 8, Waste Tire Recycling Act
Chapter 6, Part 8, Waste 
Tire Recycling Act
;
(viii)
Title 19, Chapter 6, Part 10, Mercury Switch Removal Act
Chapter 6, Part 10, 
Mercury Switch Removal Act
;
(ix)
Title 19, Chapter 6, Part 11, Industrial Byproduct Reuse
Chapter 6, Part 11, 
Industrial Byproduct Reuse
; and
(x)
Title 19, Chapter 6, Part 12, Disposal of Electronic Waste Program
Chapter 6, 
Part 12, Disposal of Electronic Waste Program
; and
(e)
the Division of Water Quality, to administer 
Title 19, Chapter 5, Water Quality Act
Chapter 5, Water Quality Act
.
(2)
Each division is under the immediate direction and control of a division director 
appointed by the executive director.
(3)
(a)
A division director shall possess the administrative skills and training necessary to 
perform the duties of division director.
(b)
A division director shall hold one of the following degrees from an accredited 
college or university:
(i)
a four-year degree in physical or biological science or engineering;
(ii)
a related degree; or
(iii)
a degree in law.
(4)
The executive director may remove a division director at will.
(5)
A division director shall serve as the executive secretary to the policymaking board, 
created in Section 
19-1-106
, that has rulemaking authority over the division director's 
division.
Section 2, Section 
19-2a-103
 is amended to read:
19-2a-103 (Effective 05/07/25). 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
"Petroleum
 storage tank" means the same as that term is defined in 
Section 
19-6-102
19-6-402
.
(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
a petroleum
 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
a 
petroleum
 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
a petroleum
 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)
.
Section 3, Section 
19-6-105
 is amended to read:
19-6-105 (Effective 05/07/25). Rules of board.
(1)
The board may make rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
:
(a)
establishing minimum standards for protection of human health and the environment, 
for the storage, collection, transport, transfer, recovery, treatment, and disposal of 
solid waste, including requirements for the approval by the director of plans for the 
construction, extension, operation, and closure of solid waste disposal sites;
(b)
identifying wastes that are determined to be hazardous, including wastes designated 
as hazardous under Sec. 3001 of the Resource Conservation and Recovery Act of 
1976, 42 U.S.C., Sec. 6921, et seq.;
(c)
governing generators and transporters of hazardous wastes and owners and operators 
of hazardous waste treatment, storage, and disposal facilities, including requirements 
for keeping records, monitoring, submitting reports, and using a manifest, without 
treating high-volume wastes such as cement kiln dust, mining wastes, utility waste, 
gas and oil drilling muds, and oil production brines in a manner more stringent than 
they are treated under federal standards;
(d)
requiring an owner or operator of a treatment, storage, or disposal facility that is 
subject to a plan approval under Section 
19-6-108
 or that received waste after July 
26, 1982, to take appropriate corrective action or other response measures for 
releases of hazardous waste or hazardous waste constituents from the facility, 
including releases beyond the boundaries of the facility;
(e)
specifying the terms and conditions under which the director shall approve, 
disapprove, revoke, or review hazardous wastes operation plans;
(f)
governing public hearings and participation under this part;
(g)
establishing standards governing underground storage tanks and aboveground 
petroleum storage tanks, in accordance with 
Title 19, Chapter 6, Part 4, 
Underground Storage Tank Act
Chapter 6, Part 4, Petroleum Storage Tank Act
;
(h)
relating to the collection, transportation, processing, treatment, storage, and disposal 
of infectious waste in health facilities in accordance with the requirements of Section 
19-6-106
;
(i)
defining closure plans, modification requests, or both for hazardous waste, as class I, class I 
with prior director approval, class II, or class III;
and
(j)
prohibiting refuse, offal, garbage, dead animals, decaying vegetable matter, or 
organic waste substance of any kind to be thrown, or remain upon or in a street, road, 
ditch, canal, gutter, public place, private premises, vacant lot, watercourse, lake, 
pond, spring, or well.
(2)
If any of the following are determined to be hazardous waste and are therefore subjected 
to the provisions of this part, the board shall, in the case of landfills or surface 
impoundments that receive the solid wastes, take into account the special characteristics 
of the wastes, the practical difficulties associated with applying requirements for other 
wastes to the wastes, and site-specific characteristics, including the climate, geology, 
hydrology, and soil chemistry at the site, if the modified requirements assure protection 
of human health and the environment and are no more stringent than federal standards 
applicable to waste:
(a)
solid waste from the extraction, beneficiation, or processing of ores and minerals, 
including phosphate rock and overburden from the mining of uranium;
(b)
fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste 
generated primarily from the combustion of coal or other fossil fuels; and
(c)
cement kiln dust waste.
(3)
The board shall establish criteria for siting commercial hazardous waste treatment, 
storage, and disposal facilities, including commercial hazardous waste incinerators. 
Those criteria shall apply to any facility or incinerator for which plan approval is 
required under Section 
19-6-108
.
Section 4, Section 
19-6-402
 is amended to read:
4. Petroleum Storage Tank Act
19-6-402 (Effective 05/07/25). Definitions.
As used in this part:
(1)
"Abatement action" means action taken to limit, reduce, mitigate, or eliminate:
(a)
a release from a petroleum storage tank; or
(b)
the damage caused by that release.
(2)
"Aboveground petroleum storage tank" means a storage tank that is, by volume, less 
than 10% buried in the ground, including the pipes connected to the storage tank and:
(a)
(i)
has attached underground piping; or
(ii)
rests directly on the ground;
(b)
contains regulated substances;
(c)
has the capacity to hold 501 gallons or more; and
(d)
is not:
(i)
used in agricultural operations, as defined by the board by rule made in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(ii)
used for heating oil for consumptive use on the premises where stored;
(iii)
related to a petroleum facility under SIC Code 2911 or 5171 of the 1987 
Standard Industrial Classification Manual of the federal Executive Office of the 
President, Office of Management and Budget;
(iv)
directly related to oil or gas production and gathering operations; 
or
(v)
used in the fueling of aircraft or ground service equipment at a commercial airport 
that serves passengers or cargo, with commercial airport defined in Section 
72-10-102
.
; or
(vi)
exempted from the definition of "aboveground petroleum storage tank" by rule 
made by the board in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, because the storage tank is outside the purposes of this part.
(3)
"Board" means the Waste Management and Radiation Control Board created in Section 
19-1-106
.
(4)
"Bodily injury" means bodily harm, sickness, disease, or death sustained by 
a person
an individual
.
(5)
"Certificate of compliance" means a certificate issued to a facility by the director:
(a)
demonstrating that an owner or operator of a facility containing one or more 
petroleum storage tanks has met the requirements of this part; and
(b)
listing petroleum storage tanks at the facility, specifying:
(i)
which tanks may receive petroleum; and
(ii)
which tanks have not met the requirements for compliance.
(6)
"Certificate of registration" means a certificate issued to a facility by the director 
demonstrating that an owner or operator of a facility containing one or more petroleum 
storage tanks has:
(a)
registered the tanks; and
(b)
paid the annual tank fee.
(7)
(a)
"Certified petroleum storage tank consultant" means a person who:
(i)
for a fee, or in connection with services for which a fee is charged, provides or 
contracts to provide information, opinions, or advice relating to 
underground
petroleum
 storage tank release:
(A)
management;
(B)
abatement;
(C)
investigation;
(D)
corrective action; or
(E)
evaluation;
(ii)
has submitted an application to the director;
(iii)
received a written statement of certification from the director; and
(iv)
meets the education and experience standards established by the board under 
Subsection 
19-6-403(1)(a)(vii)
.
(b)
"Certified petroleum storage tank consultant" does not include:
(i)
(A)
an employee of the owner or operator of the 
underground
petroleum
storage tank; or
(B)
an employee of a business operation that has a business relationship with the 
owner or operator of the 
underground
petroleum
 storage tank, and markets 
petroleum products or manages 
underground
petroleum
 storage tanks; or
(ii)
a person
an individual
 licensed to practice law in this state who offers only legal 
advice on 
underground
petroleum
 storage tank release:
(A)
management;
(B)
abatement;
(C)
investigation;
(D)
corrective action; or
(E)
evaluation.
(8)
"Closed" means a petroleum storage tank that is no longer in use that has been:
(a)
emptied and cleaned to remove the liquids and accumulated sludges; and
(b)
(i)
removed along with all underground components; or
(ii)
filled with an inert solid material, and in the case of piping, secured and capped.
(9)
"Corrective action plan" means a plan for correcting a release from a petroleum storage 
tank that includes provisions for any of the following:
(a)
cleanup or removal of the release;
(b)
containment or isolation of the release;
(c)
treatment of the release;
(d)
correction of the cause of the release;
(e)
monitoring and maintenance of the site of the release;
(f)
provision of alternative water supplies to a person whose drinking water has become 
contaminated by the release; or
(g)
temporary or permanent relocation, whichever is determined by the director to be 
more cost-effective, of a person whose dwelling has been determined by the director 
to be no longer habitable due to the release.
(10)
"Costs" means money expended for:
(a)
investigation;
(b)
abatement action;
(c)
corrective action;
(d)
judgments, awards, and settlements for bodily injury or property damage to third 
parties;
(e)
legal and claims adjusting costs incurred by the state in connection with judgments, 
awards, or settlements for bodily injury or property damage to third parties; or
(f)
costs incurred by the state risk manager in determining the actuarial soundness of the 
fund.
(11)
"Covered by the fund" means the requirements of Section 
19-6-424
 have been met.
(12)
"Director" means the director of the Division of Environmental Response and 
Remediation.
(13)
"Division" means the Division of Environmental Response and Remediation, created 
in Subsection 
19-1-105(1)(c)
.
(14)
"Dwelling" means a building that is usually occupied by a person lodging there at 
night.
(15)
"Enforcement proceedings" means a civil action or the procedures to enforce orders 
established by Section 
19-6-425
.
(16)
"Facility" means the petroleum storage tanks located on a single parcel of property or 
on any property adjacent or contiguous to that parcel.
(17)
"Fund" means the Petroleum Storage Tank Fund created in Section 
19-6-409
.
(18)
"Operator" means a person in control of or who is responsible on a daily basis for the 
maintenance of a petroleum storage tank that is in use for the storage, use, or dispensing 
of a regulated substance.
(19)
"Owner" means:
(a)
in the case of an underground storage tank in use on or after November 8, 1984, a 
person who owns an underground storage tank used for the storage, use, or 
dispensing of a regulated substance;
(b)
in the case of an underground storage tank in use before November 8, 1984, but not 
in use on or after November 8, 1984, a person who owned the tank immediately 
before the discontinuance of its use for the storage, use, or dispensing of a regulated 
substance; and
(c)
in the case of an aboveground petroleum storage tank, a person who owns the 
aboveground petroleum storage tank.
(20)
"Petroleum" includes crude oil or a fraction of crude oil that is liquid at:
(a)
60 degrees Fahrenheit; and
(b)
a pressure of 14.7 pounds per square inch absolute.
(21)
"Petroleum storage tank" means a tank that:
(a)
is an underground storage tank;
(b)
is an aboveground petroleum storage tank; or
(c)
is a tank containing regulated substances that is voluntarily submitted for 
participation in the 
Petroleum Storage Tank Fund
fund
 under Section 
19-6-415
.
(22)
"Petroleum storage tank installation company" means a person or governmental entity 
that installs petroleum storage tanks.
(23)
"Petroleum storage tank installation company permit" means a permit issued by the 
director to a petroleum storage tank installation company.
(22)
(24)
"Petroleum Storage Tank Restricted Account" means the account created in 
Section 
19-6-405.5
.
(23)
(25)
"Program" means the 
Environmental Assurance Program
environmental 
assurance program
 under Section 
19-6-410.5
.
(24)
(26)
"Property damage" means physical injury to, destruction of, or loss of use of 
tangible property.
(25)
(27)
(a)
"Regulated substance" means petroleum and petroleum-based substances 
comprised of a complex blend of hydrocarbons derived from crude oil through 
processes of separation, conversion, upgrading, and finishing.
(b)
"Regulated substance" includes motor fuels, jet fuels, distillate fuel oils, residual fuel 
oils, lubricants, petroleum solvents, and used oils.
(26)
(28)
(a)
"Release" means spilling, leaking, emitting, discharging, escaping, 
leaching, or disposing a regulated substance from a petroleum storage tank into 
ground water, surface water, or subsurface soils.
(b)
A release of a regulated substance from a petroleum storage tank is considered a 
single release from that tank system.
(27)
(29)
(a)
"Responsible party" means a person who:
(i)
is the owner or operator of a facility;
(ii)
owns or has legal or equitable title in a facility or a petroleum storage tank;
(iii)
owned or had legal or equitable title in a facility at the time petroleum was 
received or contained at the facility;
(iv)
operated or otherwise controlled activities at a facility at the time petroleum was 
received or contained at the facility; or
(v)
is 
an underground
a petroleum
 storage tank installation company.
(b)
"Responsible party
,
" 
is 
as defined in Subsections 
(27)(a)(i)
,
(29)(a)(i),
(ii)
, and 
(iii)
,
 does not include:
(i)
a person who is not an operator and, without participating in the management of a 
facility and otherwise not engaged in petroleum production, refining, and 
marketing, holds indicia of ownership:
(A)
primarily to protect the person's security interest in the facility; or
(B)
as a fiduciary or custodian under 
Title 75, Utah Uniform Probate Code
, or 
under an employee benefit plan; or
(ii)
governmental ownership or control of property by involuntary transfers as 
provided in CERCLA Section 101(20)(D), 42 U.S.C. Sec. 9601(20)(D).
(c)
The exemption created by Subsection 
(27)(b)(i)(B)
(29)(b)(i)(B)
 does not apply to 
actions taken by the state or 
its
the state's
 officials or agencies under this part.
(d)
The terms and activities "indicia of ownership," "primarily to protect a security 
interest," "participation in management," and "security interest" under this part are in 
accordance with 40 C.F.R. 
Part 280
, Subpart I, as amended, and 42 U.S.C. Sec. 
6991b(h)(9).
(e)
The terms "participate in management" and "indicia of ownership" as defined in 40 
C.F.R. 
Part 280
, Subpart I, as amended, and 42 U.S.C. Sec. 6991b(h)(9) include and 
apply to the fiduciaries listed in Subsection 
(27)(b)(i)(B)
(29)(b)(i)(B)
.
(28)
(30)
"Rests directly on the ground" means that at least some portion of a petroleum 
storage tank situated aboveground is in direct contact with soil.
(29)
(31)
"Soil test" means a test, established or approved by board rule, to detect the 
presence of petroleum in soil.
(30)
(32)
"State cleanup appropriation" means money appropriated by the Legislature to 
the department to fund the investigation, abatement, and corrective action regarding 
releases not covered by the fund.
(31)
(33)
"Underground piping" means piping that is buried in the ground that is in direct 
contact with soil and connected to an aboveground petroleum storage tank.
(32)
(34)
"Underground storage tank" means a tank regulated under Subtitle I, Resource 
Conservation and Recovery Act, 42 U.S.C. Sec. 6991c, et seq., including:
(a)
underground pipes and lines connected to a storage tank;
(b)
underground ancillary equipment;
(c)
a containment system; and
(d)
each compartment of a multi-compartment storage tank.
(33)
"Underground storage tank installation company" means a person, firm, partnership, 
corporation, governmental entity, association, or other organization that installs 
underground storage tanks.
(34)
"Underground storage tank installation company permit" means a permit issued to an 
underground storage tank installation company by the director.
(35)
"Underground storage tank technician" means a person employed by and acting under 
the direct supervision of a certified petroleum storage tank consultant to assist in 
carrying out the functions described in Subsection 
(7)(a)
.
Section 5, Section 
19-6-403
 is amended to read:
19-6-403 (Effective 05/07/25). Powers and duties of board.
The board shall regulate a petroleum storage tank by:
(1)
in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, making 
rules that:
(a)
provide for the:
(i)
certification of 
an underground
a petroleum
 storage tank installer, inspector, 
tester, or remover;
(ii)
registration of an underground storage tank operator;
(iii)
registration of 
an underground
a petroleum
 storage tank;
(iv)
administration of the petroleum storage tank program;
(v)
format of, and required information in, a record kept by an underground storage 
or petroleum storage tank owner or operator who is participating in the fund;
(vi)
voluntary participation in the fund for a tank containing regulated substances, but 
excluded from the definition of a petroleum storage tank as provided in Section 
19-6-415
;
(vii)
certification of a petroleum storage tank consultant including:
(A)
a minimum education or experience requirement; and
(B)
a recognition of the educational requirement of a professional engineer 
licensed under 
Title 58, Chapter 22, Professional Engineers and Professional 
Land Surveyors Licensing Act
, as meeting the education requirement for 
certification; and
(viii)
compliance with this chapter by an aboveground petroleum storage tank;
(b)
adopt the requirements for an underground storage tank contained in:
(i)
the Solid Waste Disposal Act, Subchapter IX, 42 U.S.C. Sec. 6991, et seq., as may 
be amended in the future; and
(ii)
an applicable federal requirement authorized by the federal law referenced in 
Subsection 
(1)(b)(i)
; and
(c)
comply with the requirements of the Solid Waste Disposal Act, Subchapter IX, 42 
U.S.C. Sec. 6991, et seq., as may be amended in the future, for the state's assumption 
of primacy in the regulation of an underground storage tank; and
(2)
applying the provisions of this part.
Section 6, Section 
19-6-404
 is amended to read:
19-6-404 (Effective 05/07/25). Powers and duties of director.
(1)
The director shall:
(a)
administer the petroleum storage tank program established in this part; and
(b)
as authorized by the board and subject to the provisions of this part, act as executive 
secretary of the board under the direction of the chairman of the board.
(2)
As necessary to meet the requirements or carry out the purposes of this part, the director 
may:
(a)
advise, consult, and cooperate with other persons;
(b)
employ persons;
(c)
authorize a certified employee or a certified representative of the department to 
conduct facility inspections and reviews of records required to be kept by this part 
and by rules made under this part;
(d)
encourage, participate in, or conduct studies, investigation, research, and 
demonstrations;
(e)
collect and disseminate information;
(f)
enforce rules made by the board and any requirement in this part by issuing notices 
and orders;
(g)
review plans, specifications, or other data;
(h)
under the direction of the executive director, represent the state in 
all
matters 
pertaining to interstate 
underground
petroleum
 storage tank management and 
control, including entering into interstate compacts and other similar agreements;
(i)
enter into contracts or agreements with political subdivisions for the performance of 
any of the department's responsibilities under this part if:
(i)
the contract or agreement is not prohibited by state or federal law and will not 
result in a loss of federal funding; and
(ii)
the director determines that:
(A)
the political subdivision is willing and able to satisfactorily discharge its 
responsibilities under the contract or agreement; and
(B)
the contract or agreement will be practical and effective;
(j)
take any necessary enforcement action authorized under this part, including filing a 
lien against the real property, which is subject to cleanup and is owned by a 
responsible party, for the costs of abatement, investigative and corrective actions 
taken by the agency, if necessary, and depositing any funds received into the 
Petroleum Storage Tank Cleanup Fund created in Section 
19-6-405.7
;
(k)
require an owner or operator of 
an underground
a petroleum
 storage tank to:
(i)
furnish information or records relating to the tank, its equipment, and contents;
(ii)
monitor, inspect, test, or sample the tank, its contents, and any surrounding soils, 
air, or water; or
(iii)
provide access to the tank at reasonable times;
(l)
take any abatement, investigative, or corrective action as authorized in this part; or
(m)
enter into agreements or issue orders to apportion percentages of liability of 
responsible parties under Section 
19-6-424.5
.
Section 7, Section 
19-6-405.5
 is amended to read:
19-6-405.5 (Effective 05/07/25). Creation of restricted account.
(1)
There is created in the General Fund a restricted account known as the 
"
Petroleum 
Storage Tank Restricted Account
.
," which for purposes of this section is referred to as 
the "account."
(2)
All
The
 penalties and interest imposed under this part shall be deposited 
in
into
 this 
account, except as provided in Section 
19-6-410.5
. Specified program 
funds
money
under this part that 
are
is
 unexpended at the end of the fiscal year 
lapse
lapses
 into this 
account.
(3)
The account shall earn interest, which shall be deposited into the account.
(3)
(4)
The Legislature shall appropriate the money in the account to the department for 
the costs of administering the petroleum storage tank program under this part.
Section 8, Section 
19-6-407
 is amended to read:
19-6-407 (Effective 05/07/25). Registration -- Change of ownership or operation 
-- Civil penalty.
(1)
(a)
An owner or operator of an underground storage tank shall register the tank with 
the director if the tank:
(i)
is in use; or
(ii)
was closed after January 1, 1974.
(b)
If a new person assumes ownership or operational responsibilities for an 
underground storage tank, that person shall inform the director of the change 
within
by no later than
 30 days after the change occurs.
(c)
Each
An
 installer of an underground storage tank shall notify the director 
of the 
completed installation within 60 days following
by no later than 30 days before
 the 
installation of an underground storage tank.
(2)
(a)
The
An
 owner or operator of an aboveground petroleum storage tank shall 
notify the director of the location of the aboveground petroleum storage tank by no 
later than:
register the aboveground petroleum storage tank with the director if the 
aboveground petroleum storage tank is in use after May 5, 2021.
(b)
If a new person assumes ownership or operational responsibilities for an 
aboveground petroleum storage tank, the new person shall inform the director of the 
change by no later than 30 days after the change occurs.
(c)
An installer of an aboveground petroleum storage tank shall notify the director at 
least 30 days before the installation of an aboveground petroleum storage tank.
(d)
An owner or operator of an aboveground petroleum storage tank shall register the 
aboveground petroleum storage tank by no later than:
(i)
June 30, 2022, if the aboveground petroleum storage tank is installed on or before 
June 30, 2022;
 or
(ii)
if the aboveground petroleum storage tank is installed on or after July 1, 2022, 
at 
least 
30 days 
after
before
 the day on which 
installation of 
the aboveground 
petroleum storage tank 
is installed;
begins.
(iii)
30 days before the aboveground petroleum storage tank is closed; or
(iv)
within 24 hours of the discovery of a reportable release or suspected release, as 
defined by rule made in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, from an aboveground petroleum storage tank.
(b)
(e)
When notifying the director under this Subsection 
(2)
, an owner of an 
aboveground petroleum storage tank described in this Subsection 
(2)
 shall pay a 
processing fee established under Section 
63J-1-504
.
(c)
(f)
Before operating an aboveground petroleum storage tank on or after June 30, 
2023, the owner or operator of the aboveground petroleum storage tank shall provide 
financial responsibility by participating in the 
Environmental Assurance Program
program under Section 
19-6-410.5
 or demonstrating coverage through another 
method approved by the board by rule made in accordance with 
Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act
.
(d)
(g)
(i)
The director shall certify when an owner or operator of an aboveground 
petroleum storage tank is in compliance with this Subsection 
(2)
.
(ii)
The board shall make rules
, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act,
 providing for the identification, through a tag or 
other readily identifiable method, of an aboveground petroleum storage tank under 
Subsection 
(2)(a)
 that is not certified by the director as in compliance with this 
Subsection 
(2)
.
(3)
The director may issue a notice of agency action assessing a civil penalty in the amount 
of $1,000 if an owner, operator, or installer of 
a petroleum
an underground
 storage tank 
or aboveground petroleum storage tank 
fails to register the tank or provide notice as 
required in Subsection 
(1)
 or 
(2)
.
(4)
The penalties collected under authority of this section shall be deposited in the 
Petroleum Storage Tank Restricted Account created in Section 
19-6-405.5
.
Section 9, Section 
19-6-409
 is amended to read:
19-6-409 (Effective 05/07/25). Petroleum Storage Tank Fund -- Source of 
revenues.
(1)
(a)
There is created an enterprise fund entitled the "Petroleum Storage Tank Fund."
(b)
The sole sources of revenues for the fund are:
(i)
petroleum storage tank fees paid under Section 
19-6-411
;
(ii)
underground
petroleum
 storage tank installation company permit fees paid under 
Section 
19-6-411
;
(iii)
the environmental assurance fee and penalties paid under Section 
19-6-410.5
;
(iv)
appropriations to the fund;
(v)
principal and interest received from the repayment of loans made by the director 
under Subsection 
(5)
; and
(vi)
interest accrued on revenues listed in this Subsection 
(1)(b)
.
(c)
Interest earned on fund money is deposited into the fund.
(2)
The director may expend money from the fund to pay costs:
(a)
covered by the fund under Section 
19-6-419
;
(b)
of administering 
the:
this part;
(i)
fund; and
(ii)
environmental assurance program and fee under Section 
19-6-410.5
;
(c)
incurred by the state for a legal service or claim adjusting service provided in 
connection with a claim, judgment, award, or settlement for bodily injury or property 
damage to a third party;
(d)
incurred by the director in determining the actuarial soundness of the fund;
(e)
incurred by a third party claiming injury or damages from a release reported on or 
after May 11, 2010, for hiring a certified petroleum storage tank consultant:
(i)
to review an investigation or corrective action by a responsible party; and
(ii)
in accordance with Subsection 
(4)
; and
(f)
allowed under this part that are not listed under this Subsection 
(2)
.
(3)
Costs for the administration of 
the fund and the environmental assurance fee
this part
shall be 
as 
appropriated by the Legislature.
(4)
The director shall:
(a)
in paying costs under Subsection 
(2)(e)
:
(i)
determine a reasonable limit on costs paid based on the:
(A)
extent of the release;
(B)
impact of the release; and
(C)
services provided by the certified petroleum storage tank consultant;
(ii)
pay, per release, costs for one certified petroleum storage tank consultant agreed 
to by all third parties claiming damages or injury;
(iii)
include costs paid in the coverage limits allowed under Section 
19-6-419
; and
(iv)
not pay legal costs of third parties;
(b)
review and give careful consideration to reports and recommendations provided by a 
certified petroleum storage tank consultant hired by a third party; and
(c)
make reports and recommendations provided under Subsection 
(4)(b)
 available on 
the 
Division of Environmental Response and Remediation's
division's
 website.
(5)
The director may loan, in accordance with this section, money available in the fund to a 
person to be used for:
(a)
upgrading 
an underground
a petroleum
 storage tank;
(b)
replacing 
an underground
a petroleum
 storage tank; or
(c)
permanently closing 
an underground
a petroleum
 storage tank.
(6)
(a)
A person may apply to the director for a loan under Subsection 
(5)(c)
 if 
all
the
tanks owned or operated by that person are in substantial compliance with
 all
 state 
and federal requirements or will be brought into substantial compliance using money 
from the fund.
(b)
A person may apply to the director for a loan under Subsection 
(5)(a)
 or 
(b)
 if:
(i)
the requirements of Subsection 
(6)(a)
 are met; and
(ii)
the person participates in the 
Environmental Assurance Program
program
 under 
Section 
19-6-410.5
.
(7)
The director shall consider loan applications under Subsection 
(6)
 to meet the following 
objectives:
(a)
support availability of gasoline in rural parts of the state;
(b)
support small businesses; and
(c)
reduce the threat of a petroleum release endangering the environment.
(8)
(a)
A loan made under this section may not be for more than:
(i)
$300,000 for all tanks at any one facility;
(ii)
$100,000 per tank; and
(iii)
80% of the total cost of:
(A)
upgrading 
an underground
a petroleum
 storage tank;
(B)
replacing 
an underground
a petroleum
 storage tank; or
(C)
permanently closing 
an underground
a petroleum
 storage tank.
(b)
A loan made under this section shall:
(i)
have a fixed annual interest rate of 0%;
(ii)
have a term no longer than 10 years;
(iii)
be made on the condition the loan applicant obtains adequate security for the 
loan as established by board rule under Subsection 
(9)
; and
(iv)
comply with rules made by the board under Subsection 
(9)
.
(9)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
board shall make rules establishing:
(a)
form, content, and procedure for a loan application;
(b)
criteria and procedures for prioritizing a loan application;
(c)
requirements and procedures for securing a loan;
(d)
procedures for making a loan;
(e)
procedures for administering and ensuring repayment of a loan, including late 
payment penalties;
(f)
procedures for recovering on a defaulted loan; and
(g)
the maximum amount of the fund that may be used for loans.
(10)
A decision by the director to loan money from the fund and otherwise administer the 
fund is not subject to 
Title 63G, Chapter 4, Administrative Procedures Act
.
(11)
The Legislature shall appropriate money from the fund to the department for the 
administration costs associated with making loans under this section.
(12)
The director may enter into an agreement with a public entity or private organization to 
perform a task associated with administration of loans made under this section.
(13)
The director may request that the Legislature appropriate money in the fund that is in 
excess of the cash balance required for actuarial soundness to the Petroleum Storage 
Tank Cleanup Fund created in Section 
19-6-405.7
.
Section 10, Section 
19-6-410.5
 is amended to read:
19-6-410.5 (Effective 05/07/25). Environmental assurance program -- Participant 
fee .
(1)
As used in this section:
(a)
"Cash balance" means cash plus investments and current accounts receivable minus 
current accounts payable, excluding the liabilities estimated by the executive director.
(b)
"Commission" means the State Tax Commission, as defined in Section 
59-1-101
.
(2)
(a)
There is created an 
Environmental Assurance Program
environmental assurance 
program
.
(b)
The program shall provide to a participating owner or operator, upon payment of the 
fee imposed under Subsection 
(4)
, assistance with satisfying the financial 
responsibility requirements of 40 C.F.R., Part 280, Subpart H, by providing 
funds 
from the Petroleum Storage Tank Fund
money from the fund
 established in Section 
19-6-409
, subject to the terms and conditions of this part, and rules implemented 
under this part.
(3)
(a)
Subject to Subsection 
(3)(b)
, participation in the program is voluntary.
(b)
An owner or operator seeking to satisfy financial responsibility requirements through 
the program shall use the program for all petroleum storage tanks that the owner or 
operator owns or operates.
(4)
(a)
There is assessed an environmental assurance fee of 13/20 cent per gallon on the 
first sale or use of petroleum products in the state.
(b)
The environmental assurance fee and any other revenue collected under this section 
shall be deposited 
in the Petroleum Storage Tank Fund
into the fund
 created in 
Section 
19-6-409
 and used solely for the purposes listed in Section 
19-6-409
.
(5)
(a)
The commission shall administer, collect, and enforce the fee imposed under this 
section according to the same procedures used in the administration, collection, and 
enforcement of the state sales and use tax under:
(i)
Title 59, Chapter 1, General Taxation Policies
; and
(ii)
Title 59, Chapter 12, Part 1, Tax Collection
.
(b)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
commission shall make rules to establish:
(i)
the method of payment of the environmental assurance fee;
(ii)
the procedure for reimbursement or exemption of an owner or operator that does 
not participate in the program, including an owner or operator of an 
above ground
aboveground petroleum
 storage tank; and
(iii)
the procedure for confirming with the department that an owner or operator 
qualifies for reimbursement or exemption under Subsection 
(5)(b)(ii)
.
(c)
The commission may retain an amount not to exceed 2.5% of fees collected under 
this section for the cost to the commission of rendering its services.
(d)
By January 1, 2015, for underground storage tanks, and by July 1, 2026, for 
aboveground petroleum storage tanks, the division shall, by rule, create:
(i)
a model for assessing the risk profile of each facility participating in the program, 
for purposes of qualifying for a rebate of a portion of the environmental assurance 
fee described in Subsection 
(4)
 collected from an owner or operator that 
participates in the program; and
(ii)
a rebate schedule listing the amount of the environmental assurance fee that an 
owner or operator participating in the program may qualify for based on risk 
profiles determined by the model developed under Subsection 
(5)(d)(i)
.
(e)
The rebate described in Subsection 
(5)(d)
:
(i)
may not exceed 40% of the actual fee collected from an owner or operator of a 
low-risk 
underground
petroleum
 storage tank as defined in the risk-based model 
developed under Subsection 
(5)(d)
;
(ii)
is administered on a per facility basis;
(iii)
is based on the facility's risk profile at the end of the prior calendar year;
(iv)
is only applicable to an environmental assurance fee collected after December 
30, 2014, for underground storage tanks, and June 30, 2026, for aboveground 
petroleum storage tanks; and
(v)
shall be claimed in the form of a refund from the commission.
(f)
The refund described in Subsection 
(5)(e)(v)
 may be claimed on a monthly basis.
(6)
(a)
The person responsible for payment of the fee under this section shall, by the last 
day of the month following the month in which the sale occurs:
(i)
complete and submit the form prescribed by the commission; and
(ii)
pay the fee to the commission.
(b)
(i)
The penalties and interest for failure to file the form or to pay the 
environmental assurance fee are the same as the penalties and interest under 
Sections 
59-1-401
 and 
59-1-402
.
(ii)
The commission shall deposit penalties and interest collected under this section in 
the 
Petroleum Storage Tank Fund
fund
.
(c)
The commission shall report to the department a person who is delinquent in 
payment of the fee under this section.
(7)
(a)
(i)
If the cash balance of the 
Petroleum Storage Tank Fund
fund
 on June 30 of 
any year exceeds 
$50,000,000
$60,000,000
, the assessment of the environmental 
assurance fee as provided in Subsection 
(4)
 is reduced to 1/4 cent per gallon 
beginning 
the following 
November 1
.
(ii)
If after the environmental assurance fee is reduced under Subsection 
(7)(a)(i)
 and 
the cash balance of the fund on June 30 of any year is less than $20,000,000, the 
assessment of the environmental assurance fee reverts back to 13/20 cent per 
gallon as provided in Subsection 
(4)
 beginning the following November 1
.
(ii)
The reduction under this Subsection 
(7)(a)
 remains in effect until modified by 
the Legislature in a general or special session.
(b)
The commission shall determine the cash balance of the fund each year as of June 30.
(c)
Before September 1 of each year, the department shall provide the commission with 
the accounts payable of the fund as of June 30.
Section 11, Section 
19-6-411
 is amended to read:
19-6-411 (Effective 05/07/25). Petroleum storage tank fee for program 
participants.
(1)
In addition to the 
underground
petroleum
 storage tank registration fee paid in Section 
19-6-408
, the owner or operator of a petroleum storage tank who elects to participate in 
the 
environmental assurance 
program under Section 
19-6-410.5
 shall also pay 
an 
annual petroleum storage tank fee
the following petroleum storage tank fees
 to the 
department for each facility
 as follows
:
(a)
an annual fee of:
(i)
$450 for each tank in a facility with an annual facility throughput rate of 70,000 
gallons or less;
(ii)
$150 for each tank in a facility with an annual facility throughput rate of greater 
than 70,000 gallons; and
(iii)
$450 for each tank in a facility regarding which:
(A)
the facility's throughput rate is not reported to the department 
within
by no 
later than
 30 days after the date this throughput information is requested by the 
department; or
(B)
the owner or operator elects to pay the fee under this Subsection 
(1)(a)(iii)
, 
rather than report under Subsection 
(1)(a)(i)
 or 
(ii)
; and
(b)
for any new tank:
(i)
that is installed to replace an existing tank at an existing facility, any annual 
petroleum storage tank fee paid for the current fiscal year for the existing tank is 
applicable to the new tank; and
(ii)
installed at a new facility or at an existing facility, which is not a replacement for 
another existing tank, the fees are as provided in Subsection 
(1)(a)(ii)
.
(2)
(a)
As a condition of receiving a 
petroleum storage tank installation 
permit and being 
eligible for benefits under Section 
19-6-419
 from the 
Petroleum Storage Tank Fund, 
each underground
fund, a petroleum
 storage tank installation company shall pay to 
the department the following fees to be deposited in the fund:
(i)
an annual fee of:
(A)
$2,000 per 
underground
petroleum
 storage tank installation company if the 
installation company has installed 15 or fewer 
underground
petroleum
 storage 
tanks within the 12 months preceding the fee due date; or
(B)
$4,000 per 
underground
petroleum
 storage tank installation company if the 
installation company has installed 16 or more 
underground
petroleum
 storage 
tanks within the 12 months preceding the fee due date; and
(ii)
$200 for each 
underground
petroleum
 storage tank installed in the state, to be 
paid 
prior to completion of installation
before installation begins
.
(b)
The board shall make rules
, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act,
 specifying which portions of 
an underground
a 
petroleum
 storage tank installation shall be subject to the permitting fees when less 
than a 
full underground
complete petroleum
 storage tank system is installed.
(3)
(a)
Fees under Subsection 
(1)
 are due on or before July 1 annually.
(b)
If the department does not receive 
payment of 
the fee on or before July 1, the 
department shall impose a 
late
civil
 penalty of 
$60
$100
 per facility.
(c)
(i)
The fee and the 
late
civil
 penalty accrue interest at 12% per annum.
(ii)
If the fee, the 
late
civil
 penalty, and all accrued interest are not received by the 
department 
within 60 days after July 1
by no later than September 1
, the 
eligibility of the owner or operator to receive payments for claims against the fund 
lapses
on the
61st day after July 1
.
(iii)
In order for the owner or operator to reinstate eligibility to receive payments for 
claims against the fund, the owner or operator shall meet the requirements of 
Subsection 
19-6-428(3)
19-6-428(2)
.
(4)
(a)
(i)
Fees under Subsection 
(2)(a)(i)
 are due 
on or before July 1 annually
30 days 
before the petroleum storage tank installation company begins the first install of a 
fiscal year
. If the department does not receive 
payment of 
the fees 
on or before 
July 1
30 days before the petroleum storage tank installation company begins the 
first install of a fiscal year
, the department shall impose a 
late
civil
 penalty of 
$60
$100
 per 
petroleum storage tank 
installation company. The fee and the 
late
civil
 penalty accrue interest at 12% per annum.
(ii)
If 
payment of 
the fee, 
late
civil
 penalty, and all accrued interest due are not 
received by the department 
within 60 days after July 1, the underground
by no 
later than 30 days after the petroleum storage tank installation company begins the 
first install of the fiscal year, the petroleum
 storage tank installation company's 
permit and eligibility to receive payments for claims against the fund lapse on 
the 
61st day after July 1
the 31st day after the petroleum storage tank installation 
company begins the first install of the fiscal year
.
(b)
(i)
Fees under Subsection 
(2)(a)(ii)
 are due prior to completion of installation
A 
petroleum storage tank installation company shall pay the fees under Subsection 
(2)(a) before installation and issuance of a petroleum storage tank installation 
company permit
. If the department does not receive 
payment of 
the fees 
prior to 
completion of
before
 installation, the department shall impose a 
late
civil
 penalty 
of 
$60 per facility
$500 per petroleum storage tank
. The fee and the 
late
civil
penalty accrue interest at 12% per annum.
(ii)
If installation is complete without paying the installation permit fee and having a 
valid petroleum storage tank installation company permit, the petroleum storage 
tank installation company is not eligible to receive payments for claims against the 
fund for releases from the petroleum storage tank being installed that may occur 
before a certificate of compliance is issued for that petroleum storage tank.
(ii)
If the fee, late penalty, and all accrued interest are not received by the 
department within 60 days after the underground storage tank installation is 
completed, eligibility to receive payments for claims against the fund for that tank 
lapse on the 61st day after the tank installation is completed.
(c)
The director may not reissue the 
underground
petroleum
 storage tank installation 
company permit until the fee, 
late
civil
 penalty, and 
all 
accrued interest are 
received by the department.
(5)
If the executive director determines that the fees established in Subsections 
(1)
 and 
(2)
and the environmental assurance fee established in Section 
19-6-410.5
 are insufficient to 
maintain the fund on an actuarially sound basis, the executive director may petition the 
Legislature to increase the petroleum storage tank and 
underground
petroleum
 storage 
tank installation company permit fees, and the environmental assurance fee to a level 
that will sustain the fund on an actuarially sound basis.
(6)
The director may waive all or part of the fees required to be paid
 on or before May 5, 
1997,
 for a petroleum storage tank under this section if no fuel has been dispensed from 
the tank on or after July 1, 1991.
(7)
(a)
The director shall issue a certificate of compliance to the owner or operator of a 
petroleum storage tank
 or underground storage tank
, for which payment of fees has 
been made and other requirements have been met to qualify for a certificate of 
compliance under this part.
(b)
The board shall make rules
, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act,
 providing for the identification, through a tag or 
other readily identifiable method, of a petroleum storage tank
 or underground 
storage tank
 under Subsection 
(7)(a)
 that does not qualify for a certificate of 
compliance under this part.
Section 12, Section 
19-6-412
 is amended to read:
19-6-412 (Effective 05/07/25). Petroleum storage tank -- Certificate of 
compliance.
(1)
(a)
Beginning July 1, 1990, an owner or operator of a petroleum storage tank may 
obtain a certificate of compliance for the facility.
(b)
Effective July 1, 1991, each
An
 owner or operator of a petroleum storage tank shall 
have a certificate of compliance for the facility.
(2)
The director shall issue a certificate of compliance if:
(a)
the owner or operator has a certificate of registration;
(b)
the owner or operator demonstrates 
it
the owner or operator
 is participating in the 
Environmental Assurance Program
program
 under Section 
19-6-410.5
, or otherwise 
demonstrates compliance with financial assurance requirements as defined by rule;
(c)
all state and federal statutes, rules, and regulations have been substantially complied 
with; and
(d)
all tank test requirements of Section 
19-6-413
 have been met.
(3)
If the ownership of or responsibility for the petroleum storage tank changes, the 
certificate of compliance is still valid unless it has been revoked or has lapsed.
(4)
The director may issue a certificate of compliance for a period of less than one year to 
maintain an administrative schedule of certification.
(5)
The director shall reissue a certificate of compliance if the owner or operator of 
an 
underground
a petroleum
 storage tank has complied with the requirements of Subsection 
(2)
.
(6)
If the owner or operator electing to participate in the program has a number of tanks in 
an area where the director finds it would be difficult to accurately determine which of 
the tanks may be the source of a release, the owner may only elect to place all of the 
tanks in the area in the program, but not just some of the tanks in the area.
Section 13, Section 
19-6-416.5
 is amended to read:
19-6-416.5 (Effective 05/07/25). Restrictions on petroleum storage tank 
installation companies -- Civil penalty.
(1)
After July 1, 1994, no individual or underground
An individual or petroleum storage 
tank
 installation company may
 not
 install 
an underground
a petroleum
 storage tank 
without having a valid 
underground
petroleum
 storage tank installation company 
permit.
(2)
Any
An
 individual or 
underground
petroleum
 storage tank installation company who 
installs 
an underground
a petroleum
 storage tank in violation of Subsection 
(1)
 is 
subject to a civil penalty of $500 per 
underground
petroleum
 storage tank.
(3)
The director shall issue a notice of agency action assessing a civil penalty of $500 
against 
any underground
a petroleum
 storage tank installation company or 
person
individual
 who installs 
an underground
a petroleum
 storage tank in violation of 
Subsection 
(1)
.
Section 14, Section 
19-6-420
 is amended to read:
19-6-420 (Effective 05/07/25). Releases -- Abatement actions -- Corrective 
actions.
(1)
If the director determines that a release from a petroleum storage tank has occurred, the 
director shall:
(a)
identify and name as many of the responsible parties as reasonably possible; and
(b)
determine which responsible parties, if any, are covered by the fund regarding the 
release in question.
(2)
Regardless of whether the petroleum storage tank generating the release is covered by 
the fund:
(a)
the director may order the owner or operator to take abatement, or investigative or 
corrective action, including the submission of a corrective action plan; and
(b)
if the owner or operator fails to comply with the action ordered by the director under 
Subsection 
(2)(a)
, the director may take one or more of the following actions:
(i)
subject to the conditions in this part, use money from the fund, if the tank involved 
is covered by the fund, state cleanup appropriation, or the Petroleum Storage Tank 
Cleanup Fund created under Section 
19-6-405.7
 to perform investigative, 
abatement, or corrective action;
(ii)
commence an enforcement proceeding;
(iii)
enter into agreements or issue orders as allowed by Section 
19-6-424.5
;
(iv)
recover costs from responsible parties equal to their proportionate share of 
liability as determined by Section 
19-6-424.5
; or
(v)
where the owner or operator is the responsible party, revoke the responsible 
party's certificate of compliance, as described in Section 
19-6-414
.
(3)
(a)
Subject to the limitations established in Section 
19-6-419
, the director shall 
provide money from the fund for abatement action for a release generated by a tank 
covered by the fund if:
(i)
the owner or operator takes the abatement action ordered by the director; and
(ii)
the director approves the abatement action.
(b)
If a release presents the possibility of imminent and substantial danger to the public 
health or the environment, the owner or operator may take immediate abatement 
action and petition the director for reimbursement from the fund for the costs of the 
abatement action. If the owner or operator can demonstrate to the satisfaction of the 
director that the abatement action was reasonable and timely in light of 
circumstances, the director shall reimburse the petitioner for costs associated with 
immediate abatement action, subject to the limitations established in Section 
19-6-419
.
(c)
The owner or operator shall notify the director within 24 hours of the abatement 
action taken.
(4)
(a)
If the director determines corrective action is necessary, the director shall order 
the owner or operator to submit a corrective action plan to address the release.
(b)
If the owner or operator submits a corrective action plan, the director shall review the 
corrective action plan and approve or disapprove the plan.
(c)
In reviewing the corrective action plan, the director shall consider the following:
(i)
the threat to public health;
(ii)
the threat to the environment; and
(iii)
the cost-effectiveness of alternative corrective actions.
(5)
If the director approves the corrective action plan or develops the director's own 
corrective action plan, the director shall:
(a)
approve the estimated cost of implementing the corrective action plan;
(b)
order the owner or operator to implement the corrective action plan;
(c)
(i)
if the release is covered by the fund, determine the amount of fund money to be 
allocated to an owner or operator to implement a corrective action plan; and
(ii)
subject to the limitations established in Section 
19-6-419
, provide money from 
the fund to the owner or operator to implement the corrective action plan.
(6)
(a)
The director may not distribute any money from the fund for corrective action 
until the owner or operator obtains the director's approval of the corrective action 
plan.
(b)
An owner or operator who begins corrective action without first obtaining approval 
from the director and who is covered by the fund may be reimbursed for the costs of 
the corrective action, subject to the limitations established in Section 
19-6-419
, if:
(i)
the owner or operator submits the corrective action plan to the director 
within
by 
no later than
 seven days after beginning corrective action; and
(ii)
the director approves the corrective action plan.
(7)
If the director disapproves the plan, the director shall solicit a new corrective action plan 
from the owner or operator.
(8)
If the director disapproves the second corrective action plan, or if the owner or operator 
fails to submit a second plan within a reasonable time, the director may:
(a)
develop an alternative corrective action plan; and
(b)
act as authorized under Subsections 
(2)
 and 
(5)
.
(9)
(a)
When notified that the corrective action plan has been implemented, the director 
shall inspect the location of the release to determine whether or not the corrective 
action has been properly performed and completed.
(b)
If the director determines the corrective action has not been properly performed or 
completed, the director may issue an order requiring the owner or operator to 
complete the corrective action within the time specified in the order.
(10)
(a)
For releases not covered by the fund, the director may recover from the 
responsible party expenses incurred by the division for managing and overseeing the 
abatement, and investigation or corrective action of the release. These expenses shall 
be:
(i)
billed quarterly per release;
(ii)
due 
within
by no later than
 30 days 
of 
from 
billing;
(iii)
deposited 
with the division as dedicated credits
into the Petroleum Storage Tank 
Cleanup Fund established in Section 
19-6-405.7
;
(iv)
used by the division for the administration of the 
underground
petroleum
storage tank program outlined in this part; and
(v)
billed per hourly rates as established under Section 
63J-1-504
.
(b)
If the responsible party fails to pay expenses under Subsection 10(a), the director 
may:
(i)
revoke the responsible party's certificate of compliance, as described in Section 
19-6-414
, if the responsible party is also the owner or operator; and
(ii)
pursue an action to collect expenses in Subsection 10(a), including the costs of 
collection.
(11)
This section does not apply to a release of a substance defined as a regulated substance 
in Section 101(14) of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980.
Section 15, Section 
19-6-424
 is amended to read:
19-6-424 (Effective 05/07/25). Claims not covered by fund.
(1)
The director may not authorize payments from the fund unless:
(a)
the claim was based on a release occurring during a period for which that tank was 
covered by the fund;
(b)
there are sufficient revenues in the fund; and
(b)
(c)
the claim was made:
(i)
during a period for which that tank was covered by the fund; or
(ii)
(A)
within
(i)
no later than
 one year after that fund-covered tank is closed; or
(B)
within
(ii)
no later than
 six months after the end of the period during which the tank was 
covered by the fund
; and
.
(c)
there are sufficient revenues in the fund.
(2)
The director may authorize payments from the fund if the claim was made by a 
responsible party, as determined in accordance with Section 
19-6-420
 or 
19-6-424.5
, 
that:
(a)
was in good standing with the program under Section 
19-6-410.5
 at the time 
ownership ceased; and
(b)
lost coverage for a release due to the actions or inactions of a subsequent responsible 
party.
(3)
The director may not authorize payments from the fund for 
an underground
a petroleum
storage tank installation company unless:
(a)
the claim was based on a release occurring during the period prior to the issuance of 
a certificate of compliance;
(b)
the claim was made 
within
no later than
 12 months after the date the tank is issued a 
certificate of compliance for that tank; and
(c)
there are sufficient revenues in the fund.
(3)
(4)
The director may require the claimant to provide additional information as 
necessary to demonstrate coverage by the fund at the time of submittal of the claim.
(4)
(5)
If the Legislature repeals or refuses to reauthorize the program for petroleum 
storage tanks established in this part, the director may authorize payments from the fund 
as provided in this part for claims made until the end of the time period established in 
Subsection 
(1)
or
,
(2)
, or (3)
 provided there are sufficient revenues in the fund.
Section 16, Section 
19-6-426
 is amended to read:
19-6-426 (Effective 05/07/25). Limitation of liability of state -- Liability of 
responsible parties -- Indemnification agreement involving responsible parties.
(1)
This part 
is not intended to
does not
 create an insurance program.
(2)
The fund established in this part shall only provide funds to finance costs for 
responsible parties who meet the requirements of this part when releases from petroleum 
storage tanks occur.
(3)
The assets of the fund, if any, are the sole source of money to pay claims against the 
fund.
(4)
The state is not liable for:
(a)
any amounts payable from the fund for which the fund does not have sufficient assets;
(b)
any expenses or debts of the fund; or
(c)
any claim arising from the creation, management, rate-setting, or any other activity 
pertaining to the fund.
(5)
The responsible parties are liable for any costs associated with any release from the 
underground
petroleum
 storage tank system.
(6)
This part does not preclude a responsible party from enforcing or recovering under any 
agreement or contract for indemnification associated with a release from the tank or 
from pursuing any other legal remedies that may be available against any party.
(7)
If any payment is made under this part, the fund shall be subrogated to all the 
responsible parties' rights of recovery against any person
 or organization
 and the 
responsible parties shall execute and deliver instruments and papers and do whatever 
else is necessary to secure the rights. The responsible parties shall do nothing after a 
release is discovered to prejudice the rights. In the event of recovery by the fund, any 
amount recovered shall first be used to reimburse the responsible parties for costs they 
are required to pay pursuant to Section 
19-6-419
.
(8)
Parties who elect to participate in the fund do so subject to the conditions and 
limitations in this section and in this part.
Section 17, Section 
19-6-428
 is amended to read:
19-6-428 (Effective 05/07/25). Eligibility for participation in the fund.
(1)
Subject to 
the requirements of 
Section 
19-6-410.5
, an owner or operator of 
an existing
a
 petroleum storage tank
 that is covered by the fund on May 5, 1997,
 may elect to
continue to
 participate in the program by meeting the requirements of this part, 
including paying the tank fees and environmental assurance fee as provided in Sections 
19-6-410.5
 and 
19-6-411
.
(2)
A new petroleum storage tank that is installed after May 5, 1997, or a tank eligible 
under Section 
19-6-415
, may elect to participate in the program by complying with the 
requirements of this part.
(3)
(2)
(a)
An owner or operator of a petroleum storage tank who elects to not 
participate in the program, including by the use of an alternative financial assurance 
mechanism
If an owner or operator elects to participate in the program after a period 
of non-participation
, 
the owner or operator of the petroleum storage tank 
shall, in 
order to subsequently participate in the program:
(i)
perform a tank tightness test;
(ii)
except as provided in Subsection 
(3)(b)
,
(2)(b),
(c)
, or 
(d)
, perform a site check, 
including soil and, when applicable, groundwater samples, to demonstrate that no 
release of petroleum exists or that there has been adequate remediation of releases 
as required by board rules;
(iii)
provide the required tests and samples to the director; and
(iv)
comply with the requirements of this part.
(b)
A site check under Subsection 
(3)(a)(ii)
(2)(a)(ii)
 is not required if the director 
determines, with reasonable cause, that soil and groundwater samples are 
unnecessary to establish that no petroleum has been released.
(c)
For an aboveground petroleum storage tank, a site check under Subsection 
(3)(a)(ii)
is not required to participate in the program except that if the aboveground petroleum 
storage tank does not conduct a site check:
(i)
For an aboveground petroleum storage tank, a site check under Subsection 
(2)(a)(ii) is not required to participate in the program and historic contamination is 
covered as provided in Subsection 
(2)
(c)(ii) if the release meets the requirements 
of this part.
(i)
historic
(ii)
(A)
Historic
 contamination, as defined by rule made in accordance with 
Title 
63G, Chapter 3, Utah Administrative Rulemaking Act
:
(A)
subject to the other provisions of this Subsection 
(3)(c)
, 
, 
is covered only if 
the historic contamination is discovered more than five years after the day the 
owner or operator elects to participate in the program
;
.
(B)
Historic contamination 
is 20% covered beginning on the five-year date
; and
after five years of continuous participation in the program.
(C)
Historic contamination 
is covered at increasing amounts of 20% each year 
after 
the five-year date until at the 10-year date
the five years of continuous 
participation in the program until after 10 years of continuous participation in 
the program the
 historic contamination is covered at 100%
; and
.
(ii)
new
(iii)
New
 releases, as defined by rule made in accordance with 
Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act
, are covered at 100% beginning on the day 
the aboveground petroleum storage tank participates in the program.
(d)
(i)
For an underground storage tank that previously elected not to participate in the 
program, a site check under Subsection 
(3)(a)(ii)
(2)(a)(ii)
 is not required to 
begin participating in the program
, except that if the underground storage tank 
does not conduct a site check:
 and historic contamination is covered as provided 
in under Subsection 
(2)(d)(ii)
 if the release meets the requirements of this part.
(i)
historic
(ii)
(A)
Historic 
contamination, as defined by rule made in accordance with 
Title 
63G, Chapter 3, Utah Administrative Rulemaking Act
:
(A)
subject to the other provisions of this Subsection 
(3)(d)
, 
, 
is covered only if 
the historic contamination is discovered more than five years after the day the 
owner or operator elects to participate in the program
;
.
(B)
Historic contamination 
is 20% covered 
beginning on the five-year date; and
after five years of continuous participation in the program.
(C)
Historic contamination 
is covered at increasing amounts of 20% each year 
after 
the five-year date until at the 10-year date
the five years of continuous 
participation in the program until after 10 years of continuous participation in 
the program the
 historic contamination is covered at 100%
; and
.
(ii)
new
(iii)
New 
releases, as defined by rule made in accordance with 
Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act
, are covered at 100% beginning on the day 
the underground storage tank participates in the program.
(4)
(3)
The director shall review the tests and samples provided under Subsection 
(3)(a)(iii)
(2)(a)(iii)
 to determine:
(a)
whether or not any release of the petroleum has occurred; or
(b)
if the remediation is adequate.
Section 18, Section 
19-8-113
 is amended to read:
19-8-113 (Effective 05/07/25). Applicant's release from liability.
(1)
(a)
An applicant who is not responsible for the contaminant or contamination under 
the provisions listed in Subsection 
(1)(b)
 at the time the applicant applies to enter into 
a voluntary cleanup agreement under this chapter is released by issuance of a 
certificate of completion under Section 
19-8-111
 from all liability to the state for 
cleanup of property covered by the certificate and from all liability for claims arising 
under state law for contribution regarding matters addressed by the certificate of 
completion, except for any releases or consequences the applicant causes.
(b)
Provisions referred to in Subsection 
(1)(a)
 are:
Title 19, Chapter 5, Water Quality 
Act
; 
Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act
; 
Title 19, Chapter 6, 
Part 3, Hazardous Substances Mitigation Act
; or 
Title 19, Chapter 6, Part 4, 
Underground Storage Tank Act
.
(i)
Chapter 5, Water Quality Act;
(ii)
Chapter 6, Part 1, Solid and Hazardous Waste Act;
(iii)
Chapter 6, Part 3, Hazardous Substances Mitigation Act; or
(iv)
Chapter 6, Part 4, Petroleum Storage Tank Act.
(2)
There is no release from liability under this chapter if a certificate of completion is 
obtained by fraud, misrepresentation, or the knowing failure to disclose material 
information.
(3)
(a)
After a certificate of completion is issued under this chapter, an owner who then 
acquires property covered by the certificate, or a lender who then makes a loan 
secured by property covered by the certificate, is released from all liability to the 
state regarding property covered by the certificate for cleanup of contamination 
released before the date of the certificate, and from all liability for claims arising 
under state law for contribution regarding matters addressed by the certificate of 
completion, except under Subsection 
(3)(b)
.
(b)
A release of liability under Subsection 
(3)(a)
 is not available to an owner or lender 
under Subsection 
(3)(a)
 who:
(i)
was originally responsible for a release or contamination under
Title 19, Chapter 
5, Water Quality Act
; 
Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act
; 
Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act
; or 
Title 19, 
Chapter 6, Part 4, Underground Storage Tank Act
:
(A)
Chapter 5, Water Quality Act;
(B)
Chapter 6, Part 1, Solid and Hazardous Waste Act;
(C)
Chapter 6, Part 3, Hazardous Substances Mitigation Act; or
(D)
Chapter 6, Part 4, Petroleum Storage Tank Act
;
(ii)
changes the land use from the use specified in the certificate of completion if the 
changed use or uses may reasonably be expected to result in increased risks to 
human health or the environment; or
(iii)
causes further releases on the property covered by the certification.
(c)
A release under this Subsection 
(3)
 is subject to the limitations of Subsection 
(2)
.
(4)
The executive director may issue enforceable written assurances to a contiguous 
property owner of real property stating that no enforcement action under this part may 
be initiated against the contiguous property owner and providing the owner protection 
from state law cost recovery and contribution actions.
Section 19, Section 
19-8-119
 is amended to read:
19-8-119 (Effective 05/07/25). Apportionment or contribution.
(1)
Any party who incurs costs under a voluntary agreement entered into under this part in 
excess of the party's liability may seek contribution in an action in a court with 
jurisdiction under Title 78A, Judiciary and Judicial Administration, from any other party 
who is or may be liable under Subsection 
19-6-302
(21) or 
19-6-402
(27)
19-6-402(29)
for the excess costs after providing written notice to any other party that the party 
bringing the action has entered into a voluntary agreement and will incur costs.
(2)
In resolving claims made under Subsection (1), the court shall allocate costs using the 
standards in Subsection 
19-6-310
(2).
Section 20, Section 
63G-4-102
 is amended to read:
63G-4-102 (Effective 05/07/25). Scope and applicability of chapter.
(1)
Except as set forth in Subsection (2), and except as otherwise provided by a statute 
superseding provisions of this chapter by explicit reference to this chapter, the 
provisions of this chapter apply to every agency of the state and govern:
(a)
state agency action that determines the legal rights, duties, privileges, immunities, or 
other legal interests of an identifiable person, including agency action to grant, deny, 
revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; 
and
(b)
judicial review of the action.
(2)
This chapter does not govern:
(a)
the procedure for making agency rules, or judicial review of the procedure or rules;
(b)
the issuance of a notice of a deficiency in the payment of a tax, the decision to waive 
a penalty or interest on taxes, the imposition of and penalty or interest on taxes, or the 
issuance of a tax assessment, except that this chapter governs an agency action 
commenced by a taxpayer or by another person authorized by law to contest the 
validity or correctness of the action;
(c)
state agency action relating to extradition, to the granting of a pardon or parole, a 
commutation or termination of a sentence, or to the rescission, termination, or 
revocation of parole or probation, to the discipline of, resolution of a grievance of, 
supervision of, confinement of, or the treatment of an inmate or resident of a 
correctional facility, the Utah State Hospital, the Utah State Developmental Center, 
or a person in the custody or jurisdiction of the Office of Substance Use and Mental 
Health, or a person on probation or parole, or judicial review of the action;
(d)
state agency action to evaluate, discipline, employ, transfer, reassign, or promote a 
student or teacher in a school or educational institution, or judicial review of the 
action;
(e)
an application for employment and internal personnel action within an agency 
concerning its own employees, or judicial review of the action;
(f)
the issuance of a citation or assessment under Title 34A, Chapter 6, Utah 
Occupational Safety and Health Act, and Title 58, Occupations and Professions, 
except that this chapter governs an agency action commenced by the employer, 
licensee, or other person authorized by law to contest the validity or correctness of 
the citation or assessment;
(g)
state agency action relating to management of state funds, the management and 
disposal of school and institutional trust land assets, and contracts for the purchase or 
sale of products, real property, supplies, goods, or services by or for the state, or by 
or for an agency of the state, except as provided in those contracts, or judicial review 
of the action;
(h)
state agency action under Title 7, Chapter 1, Part 3, Powers and Duties of 
Commissioner of Financial Institutions, Title 7, Chapter 2, Possession of Depository 
Institution by Commissioner, Title 7, Chapter 19, Acquisition of Failing Depository 
Institutions or Holding Companies, and Chapter 7, Governmental Immunity Act of 
Utah, or judicial review of the action;
(i)
the initial determination of a person's eligibility for unemployment benefits, the initial 
determination of a person's eligibility for benefits under Title 34A, Chapter 2, 
Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease 
Act, or the initial determination of a person's unemployment tax liability;
(j)
state agency action relating to the distribution or award of a monetary grant to or 
between governmental units, or for research, development, or the arts, or judicial 
review of the action;
(k)
the issuance of a notice of violation or order under Title 53, Chapter 2d, Emergency 
Medical Services Act, Title 19, Chapter 2, Air Conservation Act, Title 19, Chapter 3, 
Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act, Title 19, 
Chapter 5, Water Quality Act, Title 19, Chapter 6, Part 1, Solid and Hazardous Waste 
Act, Title 19, Chapter 6, Part 4, 
Underground
Petroleum
 Storage Tank Act, 
or 
Title 19, Chapter 6, Part 7, Used Oil Management Act, or Title 19, Chapter 6, Part 
10, Mercury Switch Removal Act, except that this chapter governs an agency action 
commenced by a person authorized by law to contest the validity or correctness of 
the notice or order;
(l)
state agency action, to the extent required by federal statute or regulation, to be 
conducted according to federal procedures;
(m)
the initial determination of a person's eligibility for government or public assistance 
benefits;
(n)
state agency action relating to wildlife licenses, permits, tags, and certificates of 
registration;
(o)
a license for use of state recreational facilities;
(p)
state agency action under Chapter 2, Government Records Access and Management 
Act, except as provided in Section 
63G-2-603
;
(q)
state agency action relating to the collection of water commissioner fees and 
delinquency penalties, or judicial review of the action;
(r)
state agency action relating to the installation, maintenance, and repair of headgates, 
caps, values, or other water controlling works and weirs, flumes, meters, or other 
water measuring devices, or judicial review of the action;
(s)
the issuance and enforcement of an initial order under Section 
73-2-25
;
(t)
(i)
a hearing conducted by the Division of Securities under Section 
61-1-11.1
; and
(ii)
an action taken by the Division of Securities under a hearing conducted under 
Section 
61-1-11.1
, including a determination regarding the fairness of an issuance 
or exchange of securities described in Subsection 
61-1-11.1
(1);
(u)
state agency action relating to water well driller licenses, water well drilling permits, 
water well driller registration, or water well drilling construction standards, or 
judicial review of the action;
(v)
the issuance of a determination and order under Title 34A, Chapter 5, Utah 
Antidiscrimination Act;
(w)
state environmental studies and related decisions by the Department of 
Transportation approving state or locally funded projects, or judicial review of the 
action;
(x)
the suspension of operations under Subsection 
32B-1-304
(3); 
(y)
the issuance of a determination of violation by the Governor's Office of Economic 
Opportunity under Section 
11-41-104
; or
(z)
a challenge to an aspect of a distribution management plan under Section 
73-33-202
.
(3)
This chapter does not affect a legal remedy otherwise available to:
(a)
compel an agency to take action; or
(b)
challenge an agency's rule.
(4)
This chapter does not preclude an agency, prior to the beginning of an adjudicative 
proceeding, or the presiding officer during an adjudicative proceeding from:
(a)
requesting or ordering a conference with parties and interested persons to:
(i)
encourage settlement;
(ii)
clarify the issues;
(iii)
simplify the evidence;
(iv)
facilitate discovery; or
(v)
expedite the proceeding; or
(b)
granting a timely motion to dismiss or for summary judgment if the requirements of 
Rule 12(b) or Rule 56 of the Utah Rules of Civil Procedure are met by the moving 
party, except to the extent that the requirements of those rules are modified by this 
chapter.
(5)
(a)
A declaratory proceeding authorized by Section 
63G-4-503
 is not governed by 
this chapter, except as explicitly provided in that section.
(b)
Judicial review of a declaratory proceeding authorized by Section 
63G-4-503
 is 
governed by this chapter.
(6)
This chapter does not preclude an agency from enacting a rule affecting or governing an 
adjudicative proceeding or from following the rule, if the rule is enacted according to the 
procedures outlined in Chapter 3, Utah Administrative Rulemaking Act, and if the rule 
conforms to the requirements of this chapter.
(7)
(a)
If the attorney general issues a written determination that a provision of this 
chapter would result in the denial of funds or services to an agency of the state from 
the federal government, the applicability of the provision to that agency shall be 
suspended to the extent necessary to prevent the denial.
(b)
The attorney general shall report the suspension to the Legislature at its next session.
(8)
Nothing in this chapter may be interpreted to provide an independent basis for 
jurisdiction to review final agency action.
(9)
Nothing in this chapter may be interpreted to restrict a presiding officer, for good cause 
shown, from lengthening or shortening a time period prescribed in this chapter, except 
the time period established for judicial review.
(10)
Notwithstanding any other provision of this section, this chapter does not apply to a 
special adjudicative proceeding, as defined in Section 
19-1-301.5
, except to the extent 
expressly provided in Section 
19-1-301.5
.
(11)
Subsection (2)(w), regarding action taken based on state environmental studies and 
policies of the Department of Transportation, applies to any claim for which a court of 
competent jurisdiction has not issued a final unappealable judgment or order before May 
14, 2019.
Section 21, Section 
63I-1-219
 is amended to read:
63I-1-219 (Effective 05/07/25). Repeal dates: Title 19.
(1)
Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2029.
(2)
Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2029.
(3)
Section 
19-4-115
, Drinking water quality in schools and child care centers, is repealed 
July 1, 2027.
(4)
Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2029.
(5)
Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1, 2029.
(6)
Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed July 1, 
2030.
(7)
Title 19, Chapter 6, Part 4, 
Underground
Petroleum
 Storage Tank Act, is repealed July 
1, 2028.
(8)
Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1, 2026.
(9)
Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1, 2029.
(10)
Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1, 2030.
(11)
Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, is repealed July 1, 2027.
Section 22, 
Repealer.
Short title.
Section 23. 
FY 2026 Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1, 
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for 
fiscal year 2026. 
Subsection 23(a).
Restricted Fund and Account Transfers
The Legislature authorizes the State Division of Finance to transfer the following 
amounts between the following funds or accounts as indicated. Expenditures and outlays from 
the funds to which the money is transferred must be authorized by an appropriation.
Natural Resources, Agriculture, and Environmental Quality
ITEM 1
Petroleum Storage Tank Cleanup Fund
From Petroleum Storage Tank Fund, One-time
4,000,000
Petroleum Storage Tank Cleanup Fund
4,000,000
Section 24. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-19-25 3:18 PM