Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 172 (2025GS)

Sponsor

Sen. Sandall, Scott D.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Department of Environmental Quality (department) and each local health department to enter into a cooperative agreement for providing environmental health services;
• requires that the governance committee comprised of department and local health department personnel:
• review all department funding;
• review whether funds allocated by contract or cooperative agreement are subject to requirements meeting or exceeding the minimum performance standards created by the department; and
• create a process for exempting certain applications for federal funding from committee review;
• requires the department to reimburse a local health department for all costs associated with collecting a civil penalty under Title 19, Environmental Quality Code; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

11
19-1-102
19-1-111
19-1-201
19-1-303
26A-1-114
0
Local Health Department Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: Michael L. Kohler
LONG TITLE
General Description:
This bill addresses provisions related to local health departments and the Department of 
Environmental Quality.
Highlighted Provisions:
This bill:
defines terms;
requires the Department of Environmental Quality (department) and each local health 
department to enter into a cooperative agreement for providing environmental health 
services;
requires that the governance committee comprised of department and local health 
department personnel:
review all department funding;
review whether funds allocated by contract or cooperative agreement are subject to 
requirements meeting or exceeding the minimum performance standards created by 
the department; and
create a process for exempting certain applications for federal funding from committee 
review;
requires the department to reimburse a local health department for all costs associated 
with collecting a civil penalty under Title 19, Environmental Quality Code; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-1-102
, as enacted by Laws of Utah 1991, Chapter 112
19-1-201
, as last amended by Laws of Utah 2024, Chapter 178
19-1-303
, as last amended by Laws of Utah 1995, Chapter 324
26A-1-114
, as last amended by Laws of Utah 2024, Chapter 259
ENACTS:
19-1-111
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
19-1-102
 is amended to read:
19-1-102
. Purposes.
The purpose of this title is to:
(1)
clarify the powers and duties of the Department of Environmental Quality in 
relationship to local health departments;
(2)
provide effective, coordinated management of state environmental concerns;
(3)
safeguard public health and quality of life by protecting and improving environmental 
quality while considering the benefits to public health, the impacts on economic 
development, property, wildlife, tourism, business, agriculture, forests, and other 
interests, and the costs to the public and to industry;
 and
(4)
(a)
strengthen local health departments' environmental programs;
(5)
promote coordination and cooperation between the Department of Environmental 
Quality and local health departments;
(b)
(6)
build consensus among the public, industry, and local governments in developing 
environmental protection goals; and
(c)
(7)
appropriately balance the need for environmental protection with the need for 
economic and industrial development.
Section 2, Section 
19-1-111
 is enacted to read:
19-1-111
. Governance committee with local health departments.
(1)
As used in this section:
(a)
"Exempt application" means an application for federal funding that meets the criteria 
established under Subsection 
(3)(g)
.
(b)
"Federal funding" means a grant, contract, or other funding from the federal 
government that could provide funds for a local health department to fulfill the duties 
and responsibilities of the local health department.
(c)
"Governance committee" means the committee created in Subsection 
(2)
.
(2)
The department shall establish a committee that consists of:
(a)
the executive director or the executive director's designee;
(b)
two representatives of the department appointed by the executive director; and
(c)
three representatives of local health departments appointed by a group representing 
all the local health departments in the state.
(3)
The governance committee shall:
(a)
review all state and federal funding to the department to identify funding that the 
department may use to support:
(i)
the requirements of Subsection 
26A-1-106(3)
; and
(ii)
the minimum performance standards created by the department under Subsection 
26A-1-106(4)
;
(b)
review the allocation of environmental quality resources between the department and 
the local health departments, including whether funds allocated by contract or 
cooperative agreement were:
(i)
allocated in accordance with the formula described in Section 
26A-1-116
; and
(ii)
subject to requirements satisfying or exceeding the minimum performance 
standards created by the department under Section 
26A-1-106
;
(c)
evaluate rules and department policies that affect a local health department in 
accordance with Subsection 
(4)
;
(d)
consider policy changes proposed by the department or by a local health department;
(e)
coordinate the implementation of environmental quality programs to maximize 
environmental quality resources;
(f)
except as provided by Subsection 
(3)(g)
, review each department application for any 
federal funding that affects a local health department before the department submits 
the application; and
(g)
establish a process by which the committee may exempt an application for federal 
funding from the review required under Subsection 
(3)(f)
.
(4)
When evaluating a policy or rule that affects a local health department, the governance 
committee shall:
(a)
compute an estimate of the cost a local health department will bear to comply with 
the policy or rule;
(b)
specify whether there is any funding provided to a local health department to 
implement the policy or rule; and
(c)
advise whether the policy or rule is needed.
(5)
The governance committee shall create bylaws to govern the committee's operations.
(6)
Before November 1 of each year, the department shall provide a report to the Rules 
Review and General Oversight Committee regarding the determinations made under 
Subsection 
(4)
.
Section 3, Section 
19-1-201
 is amended to read:
19-1-201
. Powers and duties of department -- Rulemaking authority -- 
Committee -- Monitoring environmental impacts of inland port.
(1)
The department shall:
(a)
enter into cooperative agreements with the Department of Health and Human 
Services to delineate specific responsibilities to assure that assessment and 
management of risk to human health from the environment are properly administered;
(b)
consult with the Department of Health and Human Services and enter into 
cooperative agreements, as needed, to ensure efficient use of resources and effective 
response to potential health and safety threats from the environment, and to prevent 
gaps in protection from potential risks from the environment to specific individuals 
or population groups;
(c)
coordinate implementation of environmental programs to maximize efficient use of 
resources by developing, in consultation with local health departments, a 
Comprehensive Environmental Service Delivery Plan 
enter into a cooperative 
agreement with each local health department 
that:
(i)
recognizes that the department and local health departments are the foundation for 
providing environmental health programs in 
the
this
 state;
(ii)
delineates the responsibilities of the department and each local health department
, 
including those described in Subsection 
26A-1-106(3)
,
 for the efficient delivery of 
environmental programs using federal, state, and local authorities, responsibilities, 
and resources;
(iii)
provides for the delegation of authority 
and pass through of funding 
to local 
health departments for environmental programs, to the extent allowed by 
applicable law, identified in the plan, and requested by the local health department;
and
(iv)
recognizes the authority granted to a local health department under Section 
26A-1-108
;
(v)
passes through any federal, state, or other funding and resources to local health 
departments, as necessary and to the extent allowed by applicable law, for the 
efficient delivery of environmental programs; and
(iv)
(vi)
is reviewed and updated annually;
(d)
make rules, in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, as follows:
(i)
for a board created in Section 
19-1-106
, rules regarding:
(A)
board meeting attendance; and
(B)
conflicts of interest procedures; and
(ii)
procedural rules that govern:
(A)
an adjudicative proceeding, consistent with Section 
19-1-301
; and
(B)
a special adjudicative proceeding, consistent with Section 
19-1-301.5
;
(e)
ensure that training or certification required of a public official or public employee, 
as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter 
22, State Training and Certification Requirements, if the training or certification is 
required:
(i)
under this title;
(ii)
by the department; or
(iii)
by an agency or division within the department; and
(f)
subject to Subsection (2), establish annual fees that conform with Title V of the Clean 
Air Act for each regulated pollutant as defined in Section 
19-2-109.1
, applicable to a 
source subject to the Title V program.
(2)
(a)
A fee established under Subsection (1)(f) is in addition to a fee assessed under 
Subsection (6)(i) for issuance of an approval order.
(b)
In establishing a fee under Subsection (1)(f), the department shall comply with 
Section 
63J-1-504
 that requires a public hearing and requires the established fee to be 
submitted to the Legislature for the Legislature's approval as part of the department's 
annual appropriations request.
(c)
A fee established under this section shall cover the reasonable direct and indirect 
costs required to develop and administer the Title V program and the small business 
assistance program established under Section 
19-2-109.2
.
(d)
A fee established under Subsection (1)(f) shall be established for all sources subject 
to the Title V program and for all regulated pollutants.
(e)
An emission fee may not be assessed for a regulated pollutant if the emissions are 
already accounted for within the emissions of another regulated pollutant.
(f)
An emission fee may not be assessed for any amount of a regulated pollutant emitted 
by any source in excess of 4,000 tons per year of that regulated pollutant.
(g)
An emission fee shall be based on actual emissions for a regulated pollutant unless a 
source elects, before the issuance or renewal of a permit, to base the fee during the 
period of the permit on allowable emissions for that regulated pollutant.
(h)
The fees collected by the department under Subsection (1)(f) and penalties collected 
under Subsection 
19-2-109.1
(4) shall be deposited into the General Fund as the Air 
Pollution Operating Permit Program dedicated credit to be used solely to pay for the 
reasonable direct and indirect costs incurred by the department in developing and 
administering the program and the small business assistance program under Section 
19-2-109.2
.
(3)
The department shall establish a committee that consists of:
(a)
the executive director or the executive director's designee;
(b)
two representatives of the department appointed by the executive director; and
(c)
three representatives of local health departments appointed by a group of all the 
local health departments in the state.
(4)
(a)
The committee established in Subsection (3) shall:
(i)
review the allocation of environmental quality resources between the department 
and the local health departments, including whether funds allocated by contract 
were allocated in accordance with the formula described in Section 
26A-1-116
;
(ii)
evaluate rules and department policies that affect local health departments in 
accordance with Subsection (4)(b);
(iii)
consider policy changes proposed by the department or by local health 
departments;
(iv)
coordinate the implementation of environmental quality programs to maximize 
environmental quality resources; and
(v)
review each department application for any grant from the federal government 
that affects a local health department before the department submits the 
application.
(b)
When evaluating a policy or rule that affects a local health department, the 
committee shall:
(i)
compute an estimate of the cost a local health department will bear to comply 
with the policy or rule;
(ii)
specify whether there is any funding provided to a local health department to 
implement the policy or rule; and
(iii)
advise whether the policy or rule is still needed.
(c)
Before November 1 of each year, the department shall provide a report to the Rules 
Review and General Oversight Committee regarding the determinations made under 
Subsection (4)(b).
(5)
The committee shall create bylaws to govern the committee's operations.
(6)
(3)
The department may:
(a)
investigate matters affecting the environment;
(b)
investigate and control matters affecting the public health when caused by 
environmental hazards;
(c)
prepare, publish, and disseminate information to inform the public concerning issues 
involving environmental quality;
(d)
establish and operate programs, as authorized by this title, necessary for protection of 
the environment and public health from environmental hazards;
(e)
use local health departments in the delivery of environmental health programs to the 
extent provided by law;
(f)
enter into contracts with local health departments
, in addition to a cooperative 
agreement required under Subsection 
(1)(c)
,
 or others to meet responsibilities 
established under this title;
(g)
acquire real and personal property by purchase, gift, devise, and other lawful means;
(h)
prepare and submit to the governor a proposed budget to be included in the budget 
submitted by the governor to the Legislature;
(i)
in accordance with Section 
63J-1-504
, establish a schedule of fees that may be 
assessed for actions and services of the department that are reasonable, fair, and 
reflect the cost of services provided;
(j)
for an owner or operator of a source subject to a fee established by Subsection 
(6)(i)
(3)(i)
 who fails to timely pay that fee, assess a penalty of not more than 50% of the 
fee, in addition to the fee, plus interest on the fee computed at 12% annually;
(k)
prescribe by rule reasonable requirements not inconsistent with law relating to 
environmental quality for local health departments;
(l)
perform the administrative functions of the boards established by Section 
19-1-106
, 
including the acceptance and administration of grants from the federal government 
and from other sources, public or private, to carry out the board's functions;
(m)
upon the request of a board or a division director, provide professional, technical, 
and clerical staff and field and laboratory services, the extent of which are limited by 
the money available to the department for the staff and services; and
(n)
establish a supplementary fee, not subject to Section 
63J-1-504
, to provide service 
that the person paying the fee agrees by contract to be charged for the service to 
efficiently use department resources, protect department permitting processes, 
address extraordinary or unanticipated stress on permitting processes, or make use of 
specialized expertise.
(7)
(4)
In providing service under Subsection 
(6)(n)
(3)(n)
, the department may not 
provide service in a manner that impairs another person's service from the department.
(8)
(5)
(a)
As used in this Subsection 
(8)
(5)
:
(i)
"Environmental impacts" means:
(A)
impacts on air quality, including impacts associated with air emissions; and
(B)
impacts on water quality, including impacts associated with storm water 
runoff.
(ii)
"Inland port" means the same as that term is defined in Section 
11-58-102
.
(iii)
"Inland port area" means the area in and around the inland port that bears the 
environmental impacts of destruction, construction, development, and operational 
activities within the inland port.
(iv)
"Monitoring facilities" means:
(A)
for monitoring air quality, a sensor system consisting of monitors to measure 
levels of research-grade particulate matter, ozone, and oxides of nitrogen, and 
data logging equipment with internal data storage that are interconnected at all 
times to capture air quality readings and store data; and
(B)
for monitoring water quality, facilities to collect groundwater samples, 
including in existing conveyances and outfalls, to evaluate sediment, metals, 
organics, and nutrients due to storm water.
(b)
The department shall:
(i)
develop and implement a sampling and analysis plan to:
(A)
characterize the environmental baseline for air quality and water quality in the 
inland port area;
(B)
characterize the environmental baseline for only air quality for the Salt Lake 
International Airport; and
(C)
define the frequency, parameters, and locations for monitoring;
(ii)
establish and maintain monitoring facilities to measure the environmental impacts 
in the inland port area arising from destruction, construction, development, and 
operational activities within the inland port;
(iii)
publish the monitoring data on the department's website; and
(iv)
provide at least annually before November 30 a written report summarizing the 
monitoring data to:
(A)
the Utah Inland Port Authority board, established under Title 11, Chapter 58, 
Part 3, Port Authority Board; and
(B)
the Legislative Management Committee.
Section 4, Section 
19-1-303
 is amended to read:
19-1-303
. Criminal and civil penalties -- Liability for violations -- 
Reimbursement.
(1)
(a)
Any person who violates any provision of this title or lawful orders or rules 
adopted under this title by the department shall:
(i)
in a civil proceeding be assessed a penalty not to exceed the sum of $5,000; or
(ii)
in a criminal proceeding:
(A)
for the first violation, be guilty of a class B misdemeanor; and
(B)
for a subsequent similar violation within two years, be guilty of a class A 
misdemeanor.
(b)
In addition, a person is liable for any expense incurred by the department in 
removing or abating any violation.
(2)
Assessment or conviction under this title does not relieve the person assessed or 
convicted from civil liability for any act which was also a violation of the public health 
laws.
(3)
Each day of violation of this title or rules made by the department 
under it 
may be 
considered a separate violation.
(4)
The enforcement procedures and penalties provided in Subsections 
(1)
 through 
(3)
 do 
not apply to chapters in this title which provide for other specific enforcement 
procedures and penalties.
(5)
(a)
Unless otherwise specified in statute
Except as provided in this Subsection 
(5)
 or 
otherwise in this title
, the department shall deposit all civil penalties and fines 
imposed and collected under this title into the General Fund.
(b)
The department shall reimburse a local health department for costs associated with 
collecting a civil penalty under this title by the local health department.
(c)
The department may reimburse the department, a local government, or a local health 
department from money collected:
(i)
from a civil penalty for a qualifying extraordinary expense incurred in a qualifying 
environmental enforcement activity; and
(ii)
notwithstanding the provisions of Section 
78A-5-110
, from a criminal fine for a 
qualifying extraordinary expense incurred in a prosecution for a violation of this 
title.
(d)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
department shall make rules to define:
(i)
a qualifying environmental enforcement activity; and
(ii)
a qualifying extraordinary expense.
Section 5, Section 
26A-1-114
 is amended to read:
26A-1-114
. Powers and duties of departments.
(1)
Subject to Subsections (7), (8), and (11), a local health department may:
(a)
subject to the provisions in Section 
26A-1-108
, enforce state laws, local ordinances, 
department rules, and local health department standards and regulations relating to 
public health and sanitation, including the plumbing code administered by the 
Division of Professional Licensing under Title 15A, Chapter 1, Part 2, State 
Construction Code Administration Act, and under Title 26B, Chapter 7, Part 4, 
General Sanitation and Food Safety, in all incorporated and unincorporated areas 
served by the local health department;
(b)
establish, maintain, and enforce isolation and quarantine, over an individual in 
accordance with an order of restriction issued under Title 26B, Chapter 7, Part 3, 
Treatment, Isolation, and Quarantine Procedures for Communicable Diseases;
(c)
establish and maintain medical, environmental, occupational, and other laboratory 
services considered necessary or proper for the protection of the public health;
(d)
establish and operate reasonable health programs or measures not in conflict with 
state law which:
(i)
are necessary or desirable for the promotion or protection of the public health and 
the control of disease; or
(ii)
may be necessary to ameliorate the major risk factors associated with the major 
causes of injury, sickness, death, and disability in the state;
(e)
close theaters, schools, and other public places and prohibit gatherings of people 
when necessary to protect the public health;
(f)
exercise physical control of property to abate nuisances or eliminate sources of filth 
and infectious and communicable diseases affecting the public health and bill the 
owner or other person in charge of the premises upon which this nuisance occurs for 
the cost of abatement;
(g)
make necessary sanitary and health investigations and inspections on the local health 
department's own initiative or in cooperation with the Department of Health and 
Human Services or the Department of Environmental Quality, or both, as to any 
matters affecting the public health;
(h)
pursuant to county ordinance or interlocal agreement:
(i)
establish and collect appropriate fees for the performance of services and 
operation of authorized or required programs and duties;
(ii)
accept, use, and administer all federal, state, or private donations or grants of 
funds, property, services, or materials for public health purposes; and
(iii)
make agreements not in conflict with state law which are conditional to receiving 
a donation or grant;
(i)
prepare, publish, and disseminate information necessary to inform and advise the 
public concerning:
(i)
the health and wellness of the population, specific hazards, and risk factors that 
may adversely affect the health and wellness of the population; and
(ii)
specific activities individuals and institutions can engage in to promote and 
protect the health and wellness of the population;
(j)
investigate the causes of morbidity and mortality;
(k)
issue notices and orders necessary to carry out this part;
(l)
conduct studies to identify injury problems, establish injury control systems, develop 
standards for the correction and prevention of future occurrences, and provide public 
information and instruction to special high risk groups;
(m)
cooperate with boards created under Section 
19-1-106
 to enforce laws and rules 
within the jurisdiction of the boards;
(n)
cooperate with the state health department, the Department of Corrections, the 
Administrative Office of the Courts, the Division of Juvenile Justice and Youth 
Services, and the Crime Victim Reparations Board to conduct testing for HIV 
infection of alleged sexual offenders, convicted sexual offenders, and any victims of 
a sexual offense;
(o)
investigate suspected bioterrorism and disease pursuant to Section 
26B-7-321
;
(p)
provide public health assistance in response to a national, state, or local emergency, a 
public health emergency as defined in Section 
26B-7-301
, or a declaration by the 
President of the United States or other federal official requesting public health-related 
activities; and
(q)
when conducting routine inspections of businesses regulated by the local health 
department, notify the Department of Agriculture and Food of a potential violation of 
Title 4, Chapter 41, Hemp and Cannabinoid Act.
(2)
The local health department shall:
(a)
establish programs or measures to promote and protect the health and general 
wellness of the people within the boundaries of the local health department;
(b)
investigate infectious and other diseases of public health importance and implement 
measures to control the causes of epidemic and communicable diseases and other 
conditions significantly affecting the public health which may include involuntary 
testing of alleged sexual offenders for the HIV infection pursuant to Section 
53-10-802
 and voluntary testing of victims of sexual offenses for HIV infection 
pursuant to Section 
53-10-803
;
(c)
cooperate with the department in matters pertaining to the public health and in the 
administration of state health laws;
(d)
enter into a cooperative agreement with the Department of Environmental Quality as 
described in Subsection 
19-1-201(1)(c)
; and
(d)
coordinate implementation of environmental programs to maximize efficient use of 
resources by developing with the Department of Environmental Quality a 
Comprehensive Environmental Service Delivery Plan which:
(i)
recognizes that the Department of Environmental Quality and local health 
departments are the foundation for providing environmental health programs in 
the state;
(ii)
delineates the responsibilities of the department and each local health department 
for the efficient delivery of environmental programs using federal, state, and local 
authorities, responsibilities, and resources;
(iii)
provides for the delegation of authority and pass through of funding to local 
health departments for environmental programs, to the extent allowed by 
applicable law, identified in the plan, and requested by the local health 
department; and
(iv)
is reviewed and updated annually; and
(e)
investigate a report made in accordance with Section 
59-14-811
 to determine 
whether a product is sold in violation of law.
(3)
The local health department has the following duties regarding public and private 
schools within the local health department's boundaries:
(a)
enforce all ordinances, standards, and regulations pertaining to the public health of 
persons attending public and private schools;
(b)
exclude from school attendance any person, including teachers, who is suffering 
from any communicable or infectious disease, whether acute or chronic, if the person 
is likely to convey the disease to those in attendance; and
(c)
(i)
make regular inspections of the health-related condition of all school buildings 
and premises;
(ii)
report the inspections on forms furnished by the department to those responsible 
for the condition and provide instructions for correction of any conditions that 
impair or endanger the health or life of those attending the schools; and
(iii)
provide a copy of the report to the department at the time the report is made.
(4)
If those responsible for the health-related condition of the school buildings and premises 
do not carry out any instructions for corrections provided in a report in Subsection 
(3)(c), the local health board shall cause the conditions to be corrected at the expense of 
the persons responsible.
(5)
The local health department may exercise incidental authority as necessary to carry out 
the provisions and purposes of this part.
(6)
This part does not authorize a local health department to:
(a)
require the installation or maintenance of a carbon monoxide detector in a residential 
dwelling against anyone other than the occupant of the dwelling; or
(b)
control the production, processing distribution, or sale price of local food in response 
to a public health emergency.
(7)
(a)
Except as provided in Subsection (7)(c), a local health department may not declare 
a public health emergency or issue an order of constraint until the local health 
department has provided notice of the proposed action to the chief executive officer 
of the relevant county no later than 24 hours before the local health department issues 
the order or declaration.
(b)
The local health department:
(i)
shall provide the notice required by Subsection (7)(a) using the best available 
method under the circumstances as determined by the local health department;
(ii)
may provide the notice required by Subsection (7)(a) in electronic format; and
(iii)
shall provide the notice in written form, if practicable.
(c)
(i)
Notwithstanding Subsection (7)(a), a local health department may declare a 
public health emergency or issue an order of constraint without approval of the 
chief executive officer of the relevant county if the passage of time necessary to 
obtain approval of the chief executive officer of the relevant county as required in 
Subsection (7)(a) would substantially increase the likelihood of loss of life due to 
an imminent threat.
(ii)
If a local health department declares a public health emergency or issues an order 
of constraint as described in Subsection (7)(c)(i), the local health department shall 
notify the chief executive officer of the relevant county before issuing the order of 
constraint.
(iii)
The chief executive officer of the relevant county may terminate a declaration of 
a public health emergency or an order of constraint issued as described in 
Subsection (7)(c)(i) within 72 hours of declaration of the public health emergency 
or issuance of the order of constraint.
(d)
(i)
The relevant county governing body may at any time terminate a public health 
emergency or an order of constraint issued by the local health department by 
majority vote of the county governing body in response to a declared public health 
emergency.
(ii)
A vote by the relevant county governing body to terminate a public health 
emergency or an order of constraint as described in Subsection (7)(d)(i) is not 
subject to veto by the relevant chief executive officer.
(8)
(a)
Except as provided in Subsection (8)(b), a public health emergency declared by a 
local health department expires at the earliest of:
(i)
the local health department or the chief executive officer of the relevant county 
finding that the threat or danger has passed or the public health emergency 
reduced to the extent that emergency conditions no longer exist;
(ii)
30 days after the date on which the local health department declared the public 
health emergency; or
(iii)
the day on which the public health emergency is terminated by majority vote of 
the county governing body.
(b)
(i)
The relevant county legislative body, by majority vote, may extend a public 
health emergency for a time period designated by the county legislative body.
(ii)
If the county legislative body extends a public health emergency as described in 
Subsection (8)(b)(i), the public health emergency expires on the date designated 
by the county legislative body.
(c)
Except as provided in Subsection (8)(d), if a public health emergency declared by a 
local health department expires as described in Subsection (8)(a), the local health 
department may not declare a public health emergency for the same illness or 
occurrence that precipitated the previous public health emergency declaration.
(d)
(i)
Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local 
health department finds that exigent circumstances exist, after providing notice to 
the county legislative body, the department may declare a new public health 
emergency for the same illness or occurrence that precipitated a previous public 
health emergency declaration.
(ii)
A public health emergency declared as described in Subsection (8)(d)(i) expires 
in accordance with Subsection (8)(a) or (b).
(e)
For a public health emergency declared by a local health department under this 
chapter or under Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine 
Procedures for Communicable Diseases, the Legislature may terminate by joint 
resolution a public health emergency that was declared based on exigent 
circumstances or that has been in effect for more than 30 days.
(f)
If the Legislature or county legislative body terminates a public health emergency 
declared due to exigent circumstances as described in Subsection (8)(d)(i), the local 
health department may not declare a new public health emergency for the same 
illness, occurrence, or exigent circumstances.
(9)
(a)
During a public health emergency declared under this chapter or under Title 26B, 
Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures for 
Communicable Diseases:
(i)
except as provided in Subsection (9)(b), a local health department may not issue 
an order of constraint without approval of the chief executive officer of the 
relevant county;
(ii)
the Legislature may at any time terminate by joint resolution an order of 
constraint issued by a local health department in response to a declared public 
health emergency that has been in effect for more than 30 days; and
(iii)
a county governing body may at any time terminate by majority vote of the 
governing body an order of constraint issued by a local health department in 
response to a declared public health emergency.
(b)
(i)
Notwithstanding Subsection (9)(a)(i), a local health department may issue an 
order of constraint without approval of the chief executive officer of the relevant 
county if the passage of time necessary to obtain approval of the chief executive 
officer of the relevant county as required in Subsection (9)(a)(i) would 
substantially increase the likelihood of loss of life due to an imminent threat.
(ii)
If a local health department issues an order of constraint as described in 
Subsection (9)(b), the local health department shall notify the chief executive 
officer of the relevant county before issuing the order of constraint.
(iii)
The chief executive officer of the relevant county may terminate an order of 
constraint issued as described in Subsection (9)(b) within 72 hours of issuance of 
the order of constraint.
(c)
(i)
For a local health department that serves more than one county, the approval 
described in Subsection (9)(a)(i) is required for the chief executive officer for 
which the order of constraint is applicable.
(ii)
For a local health department that serves more than one county, a county 
governing body may only terminate an order of constraint as described in 
Subsection (9)(a)(iii) for the county served by the county governing body.
(10)
(a)
During a public health emergency declared as described in this title:
(i)
the department or a local health department may not impose an order of constraint 
on a religious gathering that is more restrictive than an order of constraint that 
applies to any other relevantly similar gathering; and
(ii)
an individual, while acting or purporting to act within the course and scope of the 
individual's official department or local health department capacity, may not:
(A)
prevent a religious gathering that is held in a manner consistent with any order 
of constraint issued pursuant to this title; or
(B)
impose a penalty for a previous religious gathering that was held in a manner 
consistent with any order of constraint issued pursuant to this title.
(b)
Upon proper grounds, a court of competent jurisdiction may grant an injunction to 
prevent the violation of this Subsection (10).
(c)
During a public health emergency declared as described in this title, the department 
or a local health department shall not issue a public health order or impose or 
implement a regulation that substantially burdens an individual's exercise of religion 
unless the department or local health department demonstrates that the application of 
the burden to the individual:
(i)
is in furtherance of a compelling government interest; and
(ii)
is the least restrictive means of furthering that compelling government interest.
(d)
Notwithstanding Subsections (10)(a) and (c), the department or a local health 
department shall allow reasonable accommodations for an individual to perform or 
participate in a religious practice or rite.
(11)
An order of constraint issued by a local health department pursuant to a declared 
public health emergency does not apply to a facility, property, or area owned or leased 
by the state, including capitol hill, as defined in Section 
63O-1-101
.
(12)
A local health department may not:
(a)
require a person to obtain an inspection, license, or permit from the local health 
department to engage in a practice described in Subsection 
58-11a-304
(5); or
(b)
prevent or limit a person's ability to engage in a practice described in Subsection 
58-11a-304
(5) by:
(i)
requiring the person to engage in the practice at a specific location or at a 
particular type of facility or location; or
(ii)
enforcing a regulation applicable to a facility or location where the person 
chooses to engage in the practice.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 1:00 PM