Enrolled Copy H.B. 344
1 JUDICIAL RULES REVIEW AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer Senate Sponsor: Todd D. Weiler
2
3 LONG TITLE
4 General Description:
5 This bill modifies the duties and structure of the Judicial Rules Review Committee and the
6 Administrative Rules Review and General Oversight Committee.
7 Highlighted Provisions:
8 This bill:
9 ▸ disbands the Judicial Rules Review Committee;
10 ▸ moves the organizational statute for the Administrative Rules Review and General
11 Oversight Committee to Title 36, Legislature;
12 ▸ changes the name of the Administrative Rules Review and General Oversight
13 Committee to the Rules Review and General Oversight Committee;
14 ▸ places the duties and oversight of the Judicial Rules Review Committee within the
15 duties and oversight of the Rules Review and General Oversight Committee;
16 ▸ amends provisions requiring production of documents and information;
17 ▸ reorganizes statutes to accommodate the consolidation of committees;
18 ▸ clarifies existing statutory language; and
19 ▸ makes corresponding changes and updates cross references.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 19-1-201, as last amended by Laws of Utah 2023, Chapter 272
27 19-1-206, as last amended by Laws of Utah 2023, Chapter 327
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28 19-1-207, as last amended by Laws of Utah 2022, Chapter 443
29 19-5-104.5, as last amended by Laws of Utah 2022, Chapter 443
30 26B-1-207, as last amended by Laws of Utah 2023, Chapter 272
31 26B-1-219, as renumbered and amended by Laws of Utah 2023, Chapter 305
32 26B-3-129, as renumbered and amended by Laws of Utah 2023, Chapter 306
33 40-6-22, as last amended by Laws of Utah 2022, Chapter 443
34 53B-27-303, as last amended by Laws of Utah 2022, Chapter 443
35 54-17-701, as last amended by Laws of Utah 2022, Chapter 443
36 63A-5b-607, as last amended by Laws of Utah 2023, Chapter 329
37 63A-13-202, as last amended by Laws of Utah 2022, Chapter 443
38 63A-13-305, as last amended by Laws of Utah 2022, Chapter 443
39 63C-9-403, as last amended by Laws of Utah 2023, Chapter 329
40 63G-3-301, as last amended by Laws of Utah 2022, Chapter 443
41 63G-3-304, as last amended by Laws of Utah 2022, Chapter 443
42 63G-3-402, as last amended by Laws of Utah 2022, Chapter 443
43 63G-3-403, as last amended by Laws of Utah 2022, Chapter 443
44 63G-3-502, as last amended by Laws of Utah 2022, Chapter 443
45 72-6-107.5, as last amended by Laws of Utah 2023, Chapter 330
46 79-2-404, as last amended by Laws of Utah 2023, Chapter 330
47 ENACTS:
48 36-35-101, Utah Code Annotated 1953
49 63G-3-503, Utah Code Annotated 1953
50 RENUMBERS AND AMENDS:
51 36-12-24, (Renumbered from 36-32-207, as enacted by Laws of Utah 2020, Chapter
52 154)
53 36-35-102, (Renumbered from 63G-3-501, as last amended by Laws of Utah 2023,
54 Chapter 329)
55 36-35-103, (Renumbered from 36-32-202, as enacted by Laws of Utah 2020, Chapter
56 154)
57 36-35-104, (Renumbered from 36-32-203, as enacted by Laws of Utah 2020, Chapter
58 154)
59 78A-2-203.5, (Renumbered from 36-32-206, as enacted by Laws of Utah 2020, Chapter
60 154)
61 REPEALS:
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62 36-32-101, as enacted by Laws of Utah 2020, Chapter 154
63 36-32-102, as enacted by Laws of Utah 2020, Chapter 154
64 36-32-201, as enacted by Laws of Utah 2020, Chapter 154
65 36-32-204, as enacted by Laws of Utah 2020, Chapter 154
66 36-32-205, as enacted by Laws of Utah 2020, Chapter 154
67
68 Be it enacted by the Legislature of the state of Utah:
69 Section 1. Section 19-1-201 is amended to read:
70 19-1-201 . Powers and duties of department -- Rulemaking authority --
71 Committee -- Monitoring environmental impacts of inland port.
72 (1) The department shall:
73 (a) enter into cooperative agreements with the Department of Health and Human
74 Services to delineate specific responsibilities to assure that assessment and
75 management of risk to human health from the environment are properly administered;
76 (b) consult with the Department of Health and Human Services and enter into
77 cooperative agreements, as needed, to ensure efficient use of resources and effective
78 response to potential health and safety threats from the environment, and to prevent
79 gaps in protection from potential risks from the environment to specific individuals
80 or population groups;
81 (c) coordinate implementation of environmental programs to maximize efficient use of
82 resources by developing, in consultation with local health departments, a
83 Comprehensive Environmental Service Delivery Plan that:
84 (i) recognizes that the department and local health departments are the foundation for
85 providing environmental health programs in the state;
86 (ii) delineates the responsibilities of the department and each local health department
87 for the efficient delivery of environmental programs using federal, state, and local
88 authorities, responsibilities, and resources;
89 (iii) provides for the delegation of authority and pass through of funding to local
90 health departments for environmental programs, to the extent allowed by
91 applicable law, identified in the plan, and requested by the local health
92 department; and
93 (iv) is reviewed and updated annually;
94 (d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
95 Rulemaking Act, as follows:
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96 (i) for a board created in Section 19-1-106, rules regarding:
97 (A) board meeting attendance; and
98 (B) conflicts of interest procedures; and
99 (ii) procedural rules that govern:
100 (A) an adjudicative proceeding, consistent with Section 19-1-301; and
101 (B) a special adjudicative proceeding, consistent with Section 19-1-301.5;
102 (e) ensure that training or certification required of a public official or public employee,
103 as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
104 22, State Training and Certification Requirements, if the training or certification is
105 required:
106 (i) under this title;
107 (ii) by the department; or
108 (iii) by an agency or division within the department; and
109 (f) subject to Subsection (2), establish annual fees that conform with Title V of the Clean
110 Air Act for each regulated pollutant as defined in Section 19-2-109.1, applicable to a
111 source subject to the Title V program.
112 (2) (a) A fee established under Subsection (1)(f) is in addition to a fee assessed under
113 Subsection (6)(i) for issuance of an approval order.
114 (b) In establishing a fee under Subsection (1)(f), the department shall comply with
115 Section 63J-1-504 that requires a public hearing and requires the established fee to be
116 submitted to the Legislature for the Legislature's approval as part of the department's
117 annual appropriations request.
118 (c) A fee established under this section shall cover the reasonable direct and indirect
119 costs required to develop and administer the Title V program and the small business
120 assistance program established under Section 19-2-109.2.
121 (d) A fee established under Subsection (1)(f) shall be established for all sources subject
122 to the Title V program and for all regulated pollutants.
123 (e) An emission fee may not be assessed for a regulated pollutant if the emissions are
124 already accounted for within the emissions of another regulated pollutant.
125 (f) An emission fee may not be assessed for any amount of a regulated pollutant emitted
126 by any source in excess of 4,000 tons per year of that regulated pollutant.
127 (g) An emission fee shall be based on actual emissions for a regulated pollutant unless a
128 source elects, before the issuance or renewal of a permit, to base the fee during the
129 period of the permit on allowable emissions for that regulated pollutant.
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130 (h) The fees collected by the department under Subsection (1)(f) and penalties collected
131 under Subsection 19-2-109.1(4) shall be deposited into the General Fund as the Air
132 Pollution Operating Permit Program dedicated credit to be used solely to pay for the
133 reasonable direct and indirect costs incurred by the department in developing and
134 administering the program and the small business assistance program under Section
135 19-2-109.2.
136 (3) The department shall establish a committee that consists of:
137 (a) the executive director or the executive director's designee;
138 (b) two representatives of the department appointed by the executive director; and
139 (c) three representatives of local health departments appointed by a group of all the local
140 health departments in the state.
141 (4) (a) The committee established in Subsection (3) shall:
142 (i) review the allocation of environmental quality resources between the department
143 and the local health departments, including whether funds allocated by contract
144 were allocated in accordance with the formula described in Section 26A-1-116;
145 (ii) evaluate rules and department policies that affect local health departments in
146 accordance with Subsection (4)(b);
147 (iii) consider policy changes proposed by the department or by local health
148 departments;
149 (iv) coordinate the implementation of environmental quality programs to maximize
150 environmental quality resources; and
151 (v) review each department application for any grant from the federal government
152 that affects a local health department before the department submits the
153 application.
154 (b) When evaluating a policy or rule that affects a local health department, the
155 committee shall:
156 (i) compute an estimate of the cost a local health department will bear to comply with
157 the policy or rule;
158 (ii) specify whether there is any funding provided to a local health department to
159 implement the policy or rule; and
160 (iii) advise whether the policy or rule is still needed.
161 (c) Before November 1 of each year, the department shall provide a report to the [
162 Administrative ]Rules Review and General Oversight Committee regarding the
163 determinations made under Subsection (4)(b).
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164 (5) The committee shall create bylaws to govern the committee's operations.
165 (6) The department may:
166 (a) investigate matters affecting the environment;
167 (b) investigate and control matters affecting the public health when caused by
168 environmental hazards;
169 (c) prepare, publish, and disseminate information to inform the public concerning issues
170 involving environmental quality;
171 (d) establish and operate programs, as authorized by this title, necessary for protection of
172 the environment and public health from environmental hazards;
173 (e) use local health departments in the delivery of environmental health programs to the
174 extent provided by law;
175 (f) enter into contracts with local health departments or others to meet responsibilities
176 established under this title;
177 (g) acquire real and personal property by purchase, gift, devise, and other lawful means;
178 (h) prepare and submit to the governor a proposed budget to be included in the budget
179 submitted by the governor to the Legislature;
180 (i) in accordance with Section 63J-1-504, establish a schedule of fees that may be
181 assessed for actions and services of the department that are reasonable, fair, and
182 reflect the cost of services provided;
183 (j) for an owner or operator of a source subject to a fee established by Subsection (6)(i)
184 who fails to timely pay that fee, assess a penalty of not more than 50% of the fee, in
185 addition to the fee, plus interest on the fee computed at 12% annually;
186 (k) prescribe by rule reasonable requirements not inconsistent with law relating to
187 environmental quality for local health departments;
188 (l) perform the administrative functions of the boards established by Section 19-1-106,
189 including the acceptance and administration of grants from the federal government
190 and from other sources, public or private, to carry out the board's functions;
191 (m) upon the request of a board or a division director, provide professional, technical,
192 and clerical staff and field and laboratory services, the extent of which are limited by
193 the money available to the department for the staff and services; and
194 (n) establish a supplementary fee, not subject to Section 63J-1-504, to provide service
195 that the person paying the fee agrees by contract to be charged for the service to
196 efficiently use department resources, protect department permitting processes,
197 address extraordinary or unanticipated stress on permitting processes, or make use of
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198 specialized expertise.
199 (7) In providing service under Subsection (6)(n), the department may not provide service in
200 a manner that impairs another person's service from the department.
201 (8) (a) As used in this Subsection (8):
202 (i) "Environmental impacts" means:
203 (A) impacts on air quality, including impacts associated with air emissions; and
204 (B) impacts on water quality, including impacts associated with storm water
205 runoff.
206 (ii) "Inland port" means the same as that term is defined in Section 11-58-102.
207 (iii) "Inland port area" means the area in and around the inland port that bears the
208 environmental impacts of destruction, construction, development, and operational
209 activities within the inland port.
210 (iv) "Monitoring facilities" means:
211 (A) for monitoring air quality, a sensor system consisting of monitors to measure
212 levels of research-grade particulate matter, ozone, and oxides of nitrogen, and
213 data logging equipment with internal data storage that are interconnected at all
214 times to capture air quality readings and store data; and
215 (B) for monitoring water quality, facilities to collect groundwater samples,
216 including in existing conveyances and outfalls, to evaluate sediment, metals,
217 organics, and nutrients due to storm water.
218 (b) The department shall:
219 (i) develop and implement a sampling and analysis plan to:
220 (A) characterize the environmental baseline for air quality and water quality in the
221 inland port area;
222 (B) characterize the environmental baseline for only air quality for the Salt Lake
223 International Airport; and
224 (C) define the frequency, parameters, and locations for monitoring;
225 (ii) establish and maintain monitoring facilities to measure the environmental impacts
226 in the inland port area arising from destruction, construction, development, and
227 operational activities within the inland port;
228 (iii) publish the monitoring data on the department's website; and
229 (iv) provide at least annually before November 30 a written report summarizing the
230 monitoring data to:
231 (A) the Utah Inland Port Authority board, established under Title 11, Chapter 58,
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232