Enrolled Copy H.B. 470
1 FEDERAL AGENCY REGULATORY REVIEW AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider Senate Sponsor: Scott D. Sandall
2
3 LONG TITLE
4 General Description:
5 This bill addresses state agency review of federal regulations.
6 Highlighted Provisions:
7 This bill:
8 ▸ defines terms;
9 ▸ requires certain state agencies to identify federal regulations impacted by the judicial
10 doctrine of Chevron deference;
11 ▸ requires certain state agencies to report all federal regulations impacted by Chevron
12 deference to the Office of the Attorney General; and
13 ▸ addresses a potential United States Supreme Court decision overturning the judicial
14 doctrine of Chevron deference and the bringing of litigation by the attorney general in regard
15 to federal regulations impacted by Chevron deference.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 63C-4a-406, Utah Code Annotated 1953
23 REPEALS:
24 63C-4a-401, as enacted by Laws of Utah 2013, Chapter 101
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 63C-4a-406 is enacted to read:
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Part 4. Constitutional Defense Litigation
29 63C-4a-406 . Challenges to federal regulations -- Chevron deference.
30 (1) As used in this part:
31 (a) "Chevron deference" means deference given to a federal agency's interpretation of a
32 federal statute by a court because the court determined that:
33 (i) the federal statute is ambiguous; and
34 (ii) the federal agency's interpretation is based on a reasonable interpretation of the
35 statute.
36 (b) "Federal agency" means an agency, bureau, board, commission, council, department,
37 office, or other instrumentality of the executive branch of the United States
38 government.
39 (c) "Federal regulation" means a regulation adopted by a federal agency and published in
40 the Code of Federal Regulations or the Federal Register.
41 (d) "State agency" means:
42 (i) the Department of Environmental Quality;
43 (ii) the Department of Agriculture and Food; and
44 (iii) the Department of Natural Resources.
45 (2) On or before January 1, 2025, each state agency shall:
46 (a) identify any federal regulation impacting that state agency for which:
47 (i) a federal agency issued the federal regulation to implement a federal statute; and
48 (ii) the federal agency received Chevron deference in the agency's interpretation of
49 the federal statute; and
50 (b) report any federal regulation identified under Subsection (2)(a) to the Office of the
51 Attorney General.
52 (3) The attorney general may file suit on behalf of the state challenging any federal
53 regulation impacted by Chevron deference if:
54 (a) before July 1, 2025, the United States Supreme Court:
55 (i) holds that a court may not give Chevron deference to a federal agency's
56 interpretation of a federal statute; or
57 (ii) limits the deference that a court may give a federal agency's interpretation of a
58 federal statute; and
59 (b) the attorney general determines that the state can successfully challenge the federal
60 regulation.
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 Enrolled Copy H.B. 470
61 (4) On or before July 1, 2025, the attorney general shall report to the Federalism
62 Commission regarding any suit that the attorney general files, or intends to file, on
63 behalf of the state under Subsection (3).
64 Section 2. Repealer.
65 This bill repeals:
66 Section 63C-4a-401, Title.
67 Section 3. Effective date.
68 This bill takes effect on May 1, 2024.
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