Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 352 (2025GS)

Sponsor

Rep. Watkins, Christine F.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• clarifies that the Board of Oil, Gas, and Mining (board) has enforcement authority over Class VI injection wells upon receiving primacy from the Environmental Protection Agency;
• provides for civil and criminal penalties for violations established by the board and the Division of Oil, Gas, and Mining (division);
• requires the board and the division to bring an enforcement action within two years of discovering a violation; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

5
40-11-3
40-11-24
0
Geologic Carbon Storage Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Christine F. Watkins
Senate Sponsor: Ronald M. Winterton
LONG TITLE
General Description:
This bill addresses violations related to geologic carbon storage.
Highlighted Provisions:
This bill:
defines terms;
clarifies that the Board of Oil, Gas, and Mining (board) has enforcement authority over 
Class VI injection wells upon receiving primacy from the Environmental Protection 
Agency;
provides for civil and criminal penalties for violations established by the board and the 
Division of Oil, Gas, and Mining (division);
requires the board and the division to bring an enforcement action within two years of 
discovering a violation; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
40-11-3
, as last amended by Laws of Utah 2024, Chapter 79
ENACTS:
40-11-24
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
40-11-3
 is amended to read:
40-11-3
. Board authority -- Rulemaking authority.
(1)
The board and the division have jurisdiction over all persons and property necessary to 
enforce this chapter.
(2)
To enforce this chapter, the board shall make rules in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, including rules establishing penalties 
for a violation of this chapter
 consistent with Section 
40-11-24
.
(3)
(a)
Subject to the granting of primacy by the Environmental Protection Agency under 
the process required in 40 C.F.R. 
Section
Sec.
 145 and successful application for 
primacy approval under Section 1425 of the Safe Drinking Water Act, the board and 
the division have:
(a)
(i)
exclusive jurisdiction in the state over Class VI injection wells located in the 
state on nonfederal lands; and
(b)
(ii)
cooperative jurisdiction in the state over Class VI injection wells located in 
the state on federal lands.
(b)
If the board receives primacy as described in Subsection 
(3)(a)
, the board may adopt, 
modify, repeal, and enforce procedural requirements described in 40 C.F.R. Sec. 
145.13 to maintain the enforcement authority required for primacy over Class VI 
injection wells.
(c)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
board may make rules to implement the procedural requirements described in 
Subsection 
(3)(b)
.
(4)
The board shall establish fees in accordance with Section 
63J-1-504
, in an amount to 
pay the costs to the board and division of:
(a)
the permitting process;
(b)
the regulation of the construction, operation, and pre-closure activities of the storage 
facility;
(c)
the monitoring and management of closed storage facilities; and
(d)
administering the fund.
(5)
In addition to a fee imposed under Subsection (4), the board, in accordance with Section 
63J-1-504
:
(a)
may impose fees under Section 
40-11-20
; and
(b)
shall impose a fee under Section 
40-11-21
.
Section 2, Section 
40-11-24
 is enacted to read:
40-11-24
. Criminal and civil violations -- Penalties -- Enforcement -- Emergency 
order.
(1)
As used in this section:
(a)
"Knowingly" means the same as that term is defined in Section 
76-2-103
.
(b)
(i)
"Person" means an individual, corporation, business trust, estate, trust, 
partnership, limited liability company, association, joint venture, public 
corporation, or any other legal or commercial entity.
(ii)
"Person" includes a director, officer, or agent of a legal or commercial entity.
(c)
"Willfully" means the same as that term is defined in Section 
76-2-103
.
(2)
(a)
A person is guilty of a class B misdemeanor if the person knowingly or willfully:
(i)
makes or causes to be made a false statement, representation, or certification in a 
report, record, account, or memorandum required by this chapter or an order made 
under this chapter;
(ii)
omits or causes to be omitted a full, true, and correct entry from a report, record, 
account, or memorandum required by this chapter or an order made under this 
chapter;
(iii)
omits or causes to be omitted a statement, representation, or certification in an 
application, record, report, plan, or other document required by this chapter or an 
order made under this chapter;
(iv)
removes from this state or destroys, alters, or falsifies a report, record, account, 
or memorandum required by this chapter or an order made under this chapter; or
(v)
violates this chapter or a permit, rule, or order made under this chapter.
(b)
Each day that a violation under Subsection 
(2)(a)
 continues is a separate violation.
(c)
Upon conviction, each violation is subject to a fine of $5,000.
(3)
(a)
The board or division may impose an administrative penalty by the process 
described in Subsection 
40-6-11(4)
 on a person that violates this chapter or a permit, 
rule, or order made under this chapter.
(b)
The board or division may only impose an administrative penalty or initiate a civil 
action on a person that violates this chapter within two years after the day on which 
the board or division discovers the violation.
(4)
(a)
The board or division may issue written notice to a person that the board or 
division determines is in violation of this chapter.
(b)
The written notice described in Subsection 
(4)(a)
 shall include:
(i)
the provision of this chapter that the board or division alleges the person to have 
violated;
(ii)
the facts alleged to constitute the violation; and
(iii)
an order for the person to take necessary corrective action no later than 45 days 
after the day of receipt of the written notice.
(c)
The board or division may bring a civil action for injunctive relief and enforcement 
of this chapter if a violation continues after the 45-day period described in Subsection 
(4)(b)(iii)
.
(5)
If the director determines that a violation of this chapter presents an immediate threat to 
the public health or welfare, the director may issue an emergency order in accordance 
with Title 63G, Chapter 4, Administrative Procedures Act.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-11-25 3:44 PM