Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 499 (2025GS)

Sponsor

Rep. Snider, Casey

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies the qualifications of Air Quality Board members;
• provides a transition for the Air Quality Board;
• removes regulations for water heaters in certain areas; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

8
19-1-106
19-2-103
19-2-104
63G-3-301
Department of Environmental Quality Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
LONG TITLE
General Description:
This bill addresses the Department of Environmental Quality.
Highlighted Provisions:
This bill:
modifies rulemaking processes for policy boards within the Department of Environmental 
Quality;
modifies the qualifications of Air Quality Board members; 
provides a transition for the Air Quality Board; 
modifies powers of the Air Quality Board related to asbestos; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-1-106
, as last amended by Laws of Utah 2020, Chapters 256, 373
19-2-103
, as last amended by Laws of Utah 2024, Chapter 529
19-2-104
, as last amended by Laws of Utah 2023, Chapter 139
63G-3-301
, as last amended by Laws of Utah 2024, Chapter 178
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
19-1-106
 is amended to read:
19-1-106. Boards within department.
(1)
The following policymaking boards are created within the department:
(a)
the Air Quality Board, appointed under Section 
19-2-103
;
(b)
the Drinking Water Board, appointed under Section 
19-4-103
;
(c)
the Water Quality Board, appointed under Section 
19-5-103
; and
(d)
the Waste Management and Radiation Control Board, appointed under Section 
19-6-103
.
(2)
The authority of the boards created in Subsection 
(1)
 is
:
(a)
limited to the specific authority granted them under this title
.
; and
(b)
subject to the rulemaking procedures of Subsection 
63G-3-301(15)
.
(3)
A vacancy that occurs during an expired term in a board described in Subsection 
(1)
shall be filled in accordance with 
Title 63G, Chapter 24, Part 2, Vacancies
.
Section 2, Section 
19-2-103
 is amended to read:
19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per 
diem and expenses.
(1)
The board consists of the following nine members:
(a)
the following non-voting member, except that the member may vote to break a tie 
vote between the voting members:
(i)
the executive director; or
(ii)
an employee of the department designated by the executive director; and
(b)
the following eight voting members, who shall be appointed or reappointed by the 
governor with the advice and consent of the Senate in accordance with Title 63G, 
Chapter 24, Part 2, Vacancies:
(i)
one representative who:
(A)
is not connected with industry;
(B)
(A)
is an expert in air quality matters; and
(C)
(B)
is 
a Utah-licensed physician, 
a Utah-licensed professional engineer
,
 or 
a scientist with relevant training and experience;
(ii)
two government representatives who do not represent the federal government
;
:
(A)
one of whom resides in a county of the first or second class; and
(B)
one of whom resides in a county of the third, fourth, fifth, or sixth class;
(iii)
one representative from the mining industry;
(iv)
one representative from the fuels industry;
(v)
one representative from the manufacturing industry;
(vi)
one representative from the public who
 represents
:
(A)
represents a nongovernmental organization; and
(B)
does not represent industry interests; and
(A)
an environmental nongovernmental organization; or
(B)
a nongovernmental organization that represents community interests and does 
not represent industry interests; and
(vii)
one representative 
from the public 
who is
:
(A)
 trained and experienced in public health
.
; or
(B)
a Utah-licensed physician.
(2)
A member of the board shall:
(a)
be knowledgeable about air pollution matters, as evidenced by a professional degree, 
a professional accreditation, or documented experience;
(b)
be a resident of Utah;
(c)
attend board meetings in accordance with the attendance rules made by the 
department under Subsection 
19-1-201
(1)(d)(i)(A); and
(d)
comply with 
all
the
 applicable statutes, rules, and policies, including the conflict of 
interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest, 
and the conflict of interest rules made by the department under Subsection 
19-1-201
(1)(d)(i)(B).
(3)
No more than five of the appointed members of the board shall belong to the same 
political party.
(4)
A majority of the members of the board may not derive any significant portion of their 
income from persons subject to permits or orders under this chapter.
(5)
(a)
Members shall be appointed 
The governor shall appoint a member 
for a term of 
four years.
(b)
Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the 
time of appointment or reappointment, adjust the length of terms to ensure that the 
terms of board members are staggered so that half of the appointed board is 
appointed every two years.
(c)
The terms of the members of the board who are members of the board on May 7, 
2025, and described in Subsections 
(1)(b)(i)
, (ii), (vi), and (vii) expire June 30, 2025. 
Subject to Title 63G, Chapter 24, Part 2, Vacancies, the governor shall appoint 
members in accordance with Subsection 
(1)
(b) effective July 1, 2025, and stagger the 
terms of the members in accordance with Subsection 
(5)(b)
.
(6)
A member may serve more than one term.
(7)
A member shall hold office until the expiration of the member's term and until the 
member's successor is appointed, but not more than 90 days after the expiration of the 
member's term.
(8)
When a vacancy occurs in the membership for any reason, the governor shall, with the 
advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, 
Vacancies, appoint a replacement for the unexpired term.
(9)
The board shall elect annually a chair and a vice chair from 
its
the board's
 members.
(10)
(a)
The board shall meet at least quarterly.
(b)
Special 
The chair may call special 
meetings 
may be called by the chair 
upon the 
chair's own initiative, upon the request of the director, or upon the request of three 
members of the board.
(c)
Three days' notice shall be given to each member of the board before a meeting.
(11)
Five members constitute a quorum at a meeting, and the action of a majority of 
members present is the action of the board.
(12)
A member may not receive compensation or benefits for the member's service, but 
may receive per diem and travel expenses in accordance with:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
Section 3, Section 
19-2-104
 is amended to read:
19-2-104. Powers of board.
(1)
The board may make rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
:
(a)
regarding the control, abatement, and prevention of air pollution from all sources and 
the establishment of the maximum quantity of air pollutants that may be emitted by 
an air pollutant source;
(b)
establishing air quality standards;
(c)
requiring persons engaged in operations that result in air pollution to:
(i)
install, maintain, and use emission monitoring devices, as the board finds 
necessary;
(ii)
file periodic reports containing information relating to the rate, period of 
emission, and composition of the air pollutant; and
(iii)
provide access to records relating to emissions which cause or contribute to air 
pollution;
(d)
(i)
implementing:
(A)
Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency 
Response, 15 U.S.C. 2601 et seq.;
(B)
40 C.F.R. 
Part 763
, Asbestos; and
(C)
40 C.F.R. 
Part 61
, National Emission Standards for Hazardous Air Pollutants, 
Subpart M, National Emission Standard for Asbestos; and
(ii)
reviewing and approving asbestos management plans submitted by local 
education agencies under the Toxic Substances Control Act, Subchapter II, 
Asbestos Hazard Emergency Response, 15 U.S.C. 2601 et seq.;
(e)
establishing a requirement for a diesel emission opacity inspection and maintenance 
program for diesel-powered motor vehicles;
(f)
implementing an operating permit program as required by and in conformity with 
Titles IV and V of the federal Clean Air Act Amendments of 1990;
(g)
establishing requirements for county emissions inspection and maintenance 
programs after obtaining agreement from the counties that would be affected by the 
requirements;
(h)
with the approval of the governor, implementing in air quality nonattainment areas 
employer-based trip reduction programs applicable to businesses having more than 
100 employees at a single location and applicable to federal, state, and local 
governments to the extent necessary to attain and maintain ambient air quality 
standards consistent with the state implementation plan and federal requirements 
under the standards set forth in Subsection 
(2)
;
(i)
implementing lead-based paint training, certification, and performance requirements 
in accordance with 15 U.S.C. 2601 et seq., Toxic Substances Control Act, Subchapter 
IV -- Lead Exposure Reduction, Sections 402 and 406; and
(j)
to implement the requirements of Section 
19-2-107.5
.
(2)
When implementing Subsection 
(1)(h)
 the board shall take into consideration:
(a)
the impact of the business on overall air quality; and
(b)
the need of the business to use automobiles in order to carry out its business purposes.
(3)
(a)
The board may:
(i)
hold a hearing that is not an adjudicative proceeding relating to any aspect of, or 
matter in, the administration of this chapter;
(ii)
recommend that the director:
(A)
issue orders necessary to enforce
 the provisions of
 this chapter;
(B)
enforce the orders by appropriate administrative and judicial proceedings;
(C)
institute judicial proceedings to secure compliance with this chapter; or
(D)
advise, consult, contract, and cooperate with other agencies of the state, local 
governments, industries, other states, interstate or interlocal agencies, the 
federal government, or interested persons or groups; and
(iii)
establish certification requirements for asbestos project monitors, which shall 
provide for experience-based certification of a person who:
(A)
receives relevant asbestos training, as defined by rule; and
(B)
has acquired a minimum of 1,000 hours of asbestos project monitoring related 
work experience.
(b)
The board shall:
(i)
to ensure compliance with applicable statutes and regulations:
(A)
review a settlement negotiated by the director in accordance with Subsection 
19-2-107(2)(b)(viii)
 that requires a civil penalty of $25,000 or more; and
(B)
approve or disapprove the settlement;
(ii)
encourage voluntary cooperation by persons and affected groups to achieve the 
purposes of this chapter;
(iii)
meet the requirements of federal air pollution laws;
(iv)
by rule made in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
, establish work practice and certification requirements for 
persons who:
(A)
contract for hire to conduct demolition, renovation, salvage, encapsulation 
work involving friable asbestos-containing materials, or asbestos inspections if:
(I)
the contract work is done on a site other than a residential property with 
four or fewer units; or
(II)
the contract work is done on a residential property with four or fewer units 
where a tested sample contained greater than 1% of asbestos;
(B)
conduct work described in Subsection 
(3)(b)(iv)(A)
 in areas to which the 
general public has unrestrained access or in school buildings that are subject to 
the federal Asbestos Hazard Emergency Response Act of 1986;
(C)
conduct asbestos inspections in facilities subject to 15 U.S.C. 2601 et seq., 
Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency 
Response; or
(D)
conduct lead-based paint inspections in facilities subject to 15 U.S.C. 2601 et 
seq., Toxic Substances Control Act, Subchapter IV -- Lead Exposure 
Reduction;
(v)
establish certification requirements for a person required under 15 U.S.C. 2601 et 
seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency 
Response, to be accredited as an inspector, management planner, abatement 
project designer, asbestos abatement contractor and supervisor, or an asbestos 
abatement worker;
(vi)
establish certification requirements for a person required under 15 U.S.C. 2601 et 
seq., Toxic Control Act, Subchapter IV - Lead Exposure Reduction, to be 
accredited as an inspector, risk assessor, supervisor, project designer, abatement 
worker, renovator, or dust sampling technician; and
(vii)
assist the State Board of Education in adopting school bus idling reduction 
standards and implementing an idling reduction program in accordance with 
Section 
41-6a-1308
.
(4)
A rule adopted under this chapter shall be consistent with provisions of federal laws, if 
any, relating to control of motor vehicles or motor vehicle emissions.
(5)
Nothing in this chapter authorizes the board to require installation of or payment for any 
monitoring equipment by the owner or operator of a source if the owner or operator has 
installed or is operating monitoring equipment that is equivalent to equipment 
which
that
 the board would require under this section.
(6)
(a)
The board may not require 
inspection or 
testing for asbestos or related materials 
on a residential property with four or fewer units, unless
:
(i)
the property's construction was completed before January 1, 1981
; or
.
(ii)
the testing is for:
(A)
a sprayed-on or painted on ceiling treatment that contained or may contain 
asbestos fiber;
(B)
asbestos cement siding or roofing materials;
(C)
resilient flooring products including vinyl asbestos tile, sheet vinyl products, 
resilient flooring backing material, whether attached or unattached, and mastic;
(D)
thermal-system insulation or tape on a duct or furnace; or
(E)
vermiculite type insulation materials.
(b)
A residential property with four or fewer units is subject to an abatement rule made 
under Subsection 
(1)
 or 
(3)(b)(iv)
 if:
(i)
a sample from the property is tested for asbestos; and
(ii)
the sample contains asbestos measuring greater than 1%.
(7)
The board may not issue, amend, renew, modify, revoke, or terminate any of the 
following that are subject to the authority granted to the director under Section 
19-2-107
or 
19-2-108
:
(a)
a permit;
(b)
a license;
(c)
a registration;
(d)
a certification; or
(e)
another administrative authorization made by the director.
(8)
A board member may not speak or act for the board unless the board member is 
authorized by a majority of a quorum of the board in a vote taken at a meeting of the 
board.
(9)
Notwithstanding Subsection 
(7)
, the board may exercise 
all
the
 authority granted to the 
board by a federally enforceable state implementation plan.
Section 4, Section 
63G-3-301
 is amended to read:
63G-3-301. Rulemaking procedure -- Significant environmental quality rules.
(1)
An agency authorized to make rules is also authorized to amend or repeal those rules.
(2)
Except as provided in Sections 
63G-3-303
 and 
63G-3-304
, when making, amending, or 
repealing a rule agencies shall comply with:
(a)
the requirements of this section;
(b)
consistent procedures required by other statutes;
(c)
applicable federal mandates; and
(d)
rules made by the office to implement this chapter.
(3)
Subject to the requirements of this chapter, each agency shall develop and use flexible 
approaches in drafting rules that meet the needs of the agency and that involve persons 
affected by the agency's rules.
(4)
(a)
Each agency shall file the agency's proposed rule and rule analysis with the office.
(b)
Rule amendments shall be marked with new language underlined and deleted 
language struck out.
(c)
(i)
The office shall publish the information required under Subsection (8) on the 
rule analysis and the text of the proposed rule in the next issue of the bulletin.
(ii)
For rule amendments, only the section or subsection of the rule being amended 
need be printed.
(iii)
If the director determines that the rule is too long to publish, the office shall 
publish the rule analysis and shall publish the rule by reference to a copy on file 
with the office.
(5)
Before filing a rule with the office, the agency shall conduct a thorough analysis, 
consistent with the criteria established by the Governor's Office of Planning and Budget, 
of the fiscal impact a rule may have on businesses, which criteria may include:
(a)
the type of industries that will be impacted by the rule, and for each identified 
industry, an estimate of the total number of businesses within the industry, and an 
estimate of the number of those businesses that are small businesses;
(b)
the individual fiscal impact that would incur to a typical business for a one-year 
period;
(c)
the aggregated total fiscal impact that would incur to all businesses within the state 
for a one-year period;
(d)
the total cost that would incur to all impacted entities over a five-year period; and
(e)
the department head's comments on the analysis.
(6)
If the agency reasonably expects that a proposed rule will have a measurable negative 
fiscal impact on small businesses, the agency shall consider, as allowed by federal law, 
each of the following methods of reducing the impact of the rule on small businesses:
(a)
establishing less stringent compliance or reporting requirements for small businesses;
(b)
establishing less stringent schedules or deadlines for compliance or reporting 
requirements for small businesses;
(c)
consolidating or simplifying compliance or reporting requirements for small 
businesses;
(d)
establishing performance standards for small businesses to replace design or 
operational standards required in the proposed rule; and
(e)
exempting small businesses from all or any part of the requirements contained in the 
proposed rule.
(7)
If during the public comment period an agency receives comment that the proposed rule 
will cost small business more than one day's annual average gross receipts, and the 
agency had not previously performed the analysis in Subsection (6), the agency shall 
perform the analysis described in Subsection (6).
(8)
The rule analysis shall contain:
(a)
a summary of the rule or change;
(b)
the purpose of the rule or reason for the change;
(c)
the statutory authority or federal requirement for the rule;
(d)
the anticipated cost or savings to:
(i)
the state budget;
(ii)
local governments;
(iii)
small businesses; and
(iv)
persons other than small businesses, businesses, or local governmental entities;
(e)
the compliance cost for affected persons;
(f)
how interested persons may review the full text of the rule;
(g)
how interested persons may present their views on the rule;
(h)
the time and place of any scheduled public hearing;
(i)
the name and telephone number of an agency employee who may be contacted about 
the rule;
(j)
the name of the agency head or designee who authorized the rule;
(k)
the date on which the rule may become effective following the public comment 
period;
(l)
the agency's analysis on the fiscal impact of the rule as required under Subsection (5);
(m)
any additional comments the department head may choose to submit regarding the 
fiscal impact the rule may have on businesses; and
(n)
if applicable, a summary of the agency's efforts to comply with the requirements of 
Subsection (6).
(9)
(a)
For a rule being repealed and reenacted, the rule analysis shall contain a summary 
that generally includes the following:
(i)
a summary of substantive provisions in the repealed rule which are eliminated 
from the enacted rule; and
(ii)
a summary of new substantive provisions appearing only in the enacted rule.
(b)
The summary required under this Subsection (9) is to aid in review and may not be 
used to contest any rule on the ground of noncompliance with the procedural 
requirements of this chapter.
(10)
A copy of the rule analysis shall be mailed to all persons who have made timely 
request of the agency for advance notice of the agency's rulemaking proceedings and to 
any other person who, by statutory or federal mandate or in the judgment of the agency, 
should also receive notice.
(11)
(a)
Following the publication date, the agency shall allow at least 30 days for public 
comment on the rule.
(b)
The agency shall review and evaluate all public comments submitted in writing 
within the time period under Subsection (11)(a) or presented at public hearings 
conducted by the agency within the time period under Subsection (11)(a).
(12)
(a)
Except as provided in Sections 
63G-3-303
 and 
63G-3-304
, a proposed rule 
becomes effective on any date specified by the agency that is:
(i)
no fewer than seven calendar days after the day on which the public comment 
period closes under Subsection (11); and
(ii)
no more than 120 days after the day on which the rule is published.
(b)
The agency shall provide notice of the rule's effective date to the office in the form 
required by the office.
(c)
The notice of effective date may not provide for an effective date before the day on 
which the office receives the notice.
(d)
The office shall publish notice of the effective date of the rule in the next issue of the 
bulletin.
(e)
A proposed rule lapses if a notice of effective date or a change to a proposed rule is 
not filed with the office within 120 days after the day on which the rule is published.
(13)
(a)
Except as provided in Subsection (13)(d), before an agency enacts a rule, the 
agency shall submit to the appropriations subcommittee and interim committee with 
jurisdiction over the agency the agency's proposed rule for review, if the proposed 
rule, over a three-year period, has a fiscal impact of more than:
(i)
$250,000 to a single person; or
(ii)
$7,500,000 to a group of persons.
(b)
An appropriations subcommittee or interim committee that reviews a rule submitted 
under Subsection (13)(a) shall:
(i)
before the review, directly inform the chairs of the Rules Review and General 
Oversight Committee of the coming review, including the date, time, and place of 
the review; and
(ii)
after the review, directly inform the chairs of the Rules Review and General 
Oversight Committee of the outcome of the review, including any 
recommendation.
(c)
An appropriations subcommittee or interim committee that reviews a rule submitted 
under Subsection (13)(a) may recommend to the Rules Review and General 
Oversight Committee that the Rules Review and General Oversight Committee not 
recommend reauthorization of the rule in the legislation described in Section 
63G-3-502
.
(d)
The requirement described in Subsection (13)(a) does not apply to:
(i)
the State Tax Commission; or
(ii)
the State Board of Education.
(14)
(a)
As used in this Subsection (14), "initiate rulemaking proceedings" means the 
filing, for the purposes of publication in accordance with Subsection (4), of an 
agency's proposed rule that is required by state statute.
(b)
A state agency shall initiate rulemaking proceedings no later than 180 days after the 
day on which the statutory provision that specifically requires the rulemaking takes 
effect, except under Subsection (14)(c).
(c)
When a statute is enacted that requires agency rulemaking and the affected agency 
already has rules in place that meet the statutory requirement, the agency shall submit 
the rules to the Rules Review and General Oversight Committee for review within 60 
days after the day on which the statute requiring the rulemaking takes effect.
(d)
If a state agency does not initiate rulemaking proceedings in accordance with the 
time requirements in Subsection (14)(b), the state agency shall appear before the 
legislative Rules Review and General Oversight Committee and provide the reasons 
for the delay.
(15)
(a)
As used in this Subsection 
(15)
:
(i)
"Policy board" means one of the following within the Department of 
Environmental Quality:
(A)
the Air Quality Board, appointed under Section 
19-2-103
;
(B)
the Drinking Water Board, appointed under Section 
19-4-103
;
(C)
the Water Quality Board, appointed under Section 
19-5-103
; and
(D)
the Waste Management and Radiation Control Board, appointed under 
Section 
19-6-103
.
(ii)
"Reviewing committee" means:
(A)
the Natural Resources, Agriculture, and Environmental Quality 
Appropriations Subcommittee; or
(B)
the Natural Resources, Agriculture, and Environment Interim Committee 
during an interim, or the relevant standing committee for the House of 
Representatives or the Senate during an annual general session or if there are 
no scheduled meetings of the Natural Resources, Agriculture, and Environment 
Interim Committee before the beginning of the next annual general session.
(iii)
"Significant environmental quality rule" means a proposed rule issued by a 
policy board that:
(A)
has anticipated aggregate costs, as described in Subsection (8)(d), of at least 
$1,000,000 over a three-year period; or
(B)
is proposed due to a federal requirement, as described in Subsection (8)(c).
(b)
Before a policy board files a significant environmental quality rule in accordance 
with Subsection (4), the policy board shall submit the proposed rule for review to the 
reviewing committees.
(c)
Once a public board submits a proposed significant environmental quality rule to the 
reviewing committees under Subsection (15)(b), a reviewing committee may conduct 
a review of the proposed significant environmental quality rule, except that the 
reviewing committee may not conduct the review later than 120 days after the day on 
which the policy board submits the proposed significant environmental quality rule to 
the reviewing committees under Subsection (15)(b).
(d)
Before a reviewing committee reviews a significant environmental quality rule under 
this Subsection 
(15)
, the reviewing committee shall notify the chairs of the Rules 
Review and General Oversight Committee of the date, time, and place of the review.
(e)
A significant environmental quality rule may not take effect until the later of:
(i)
the effective date specified in accordance with Subsection (12); or
(ii)
121 days after the day the policy board submits the proposed significant 
environmental quality rule to the reviewing committees.
(f)
After a review under this Subsection (15), a reviewing committee may recommend 
that:
(i)
the significant environmental quality rule:
(A)
take effect;
(B)
be modified and take effect; or
(C)
not take effect; or
(ii)
(A)
if the review is conducted during an interim, the governor call a special 
session of the Legislature to review and approve or reject the significant 
environmental quality rule; or
(B)
if the review is conducted during an annual general session, the Legislature 
review and approve or reject the significant environmental quality rule.
(g)
(i)
A significant environmental quality rule is subject to the other requirements of 
this section in addition to complying with this Subsection 
(15)
 except that the 
review required by Subsection 
(13)
 shall be conducted by a reviewing committee.
(ii)
Subsection 
(15)(e)
 does not apply if the proposed rule is made in accordance with 
Section 
63G-3-303
 or 
63G-3-304
, except that a policy board may not take action 
under Section 
63G-3-304
 on the basis that without the significant environmental 
quality rule the policy board or the Department of Environmental Quality is in 
violation of federal law.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-13-25 9:41 AM