Bill Summary – FastDemocracy

Enrolled Copy                                                                     H.B. 71
                      LOCAL HEALTH DEPARTMENT REVISIONS
                                     2023 GENERAL SESSION
                                          STATE OF UTAH
                              Chief Sponsor: Karen M. Peterson
                              Senate Sponsor: Michael S. Kennedy
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 LONG TITLE
 General Description:
        This bill enacts provisions related to local health department governance.
 Highlighted Provisions:
        This bill:
        < requires the Department of Health and Human Services and the Department of
 Environmental Quality, when reviewing policies or rules that affect local health
 departments, to make certain determinations;
        < requires the Department of Health and Human Services and local health
 departments to report on funding received from each county to accomplish
 minimum performance standards;
        < clarifies that the Department of Health and Human Services and the Department of
 Environmental Quality must have a funding formula for allocating contract funds
 outlined in administrative rule;
        < creates a reporting requirement; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
       H.B. 71
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        19-1-201, as last amended by Laws of Utah 2020, Chapter 256
        26A-1-115, as last amended by Laws of Utah 2018, Chapter 330
        26A-1-116, as last amended by Laws of Utah 1991, Chapter 112 and renumbered and
 amended by Laws of Utah 1991, Chapter 269
        26B-1-207, as renumbered and amended by Laws of Utah 2022, Chapter 255
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. 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 that:
        (i) recognizes that the department 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
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 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;
        (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
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 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:
        [(a)] (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;
        [(b)] (ii) evaluate rules and department policies that affect local health departments in
 accordance with Subsection (4)(b);
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        Enrolled Copy                                                                             H.B. 71
         [(c)] (iii) consider policy changes proposed by the department or by local health
 departments;
         [(d)] (iv) coordinate the implementation of environmental quality programs to
 maximize environmental quality resources; and
         [(e)] (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
 Administrative 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) 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;
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          (f) enter into contracts with local health departments 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)
 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) In providing service under Subsection (6)(n), the department may not provide
 service in a manner that impairs another person's service from the department.
          (8) (a) As used in this Subsection (8):
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        Enrolled Copy                                                                             H.B. 71
        (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
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        H.B. 71
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 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 2. Section 26A-1-115 is amended to read:
        26A-1-115. Apportionment of costs -- Contracts to provide services -- Percentage
 match of state funds -- Audit.
        (1) (a) The cost of establishing and maintaining a multicounty local health department
 may be apportioned among the participating counties on the basis of population in proportion
 to the total population of all counties within the boundaries of the local health department, or
 upon other bases agreeable to the participating counties.
        (b) Costs of establishing and maintaining a county health department shall be a charge
 of the county creating the local health department.
        (c) Money available from fees, contracts, surpluses, grants, and donations may also be
 used to establish and maintain local health departments.
        (d) As used in this Subsection (1), "population" means population estimates prepared
 by the Utah Population Committee.
        (2) The cost of providing, equipping, and maintaining suitable offices and facilities for
 a local health department is the responsibility of participating governing bodies.
        (3) Local health departments that comply with all department rules and secure advance
 approval of proposed service boundaries from the department may by contract receive funds
 under Section 26A-1-116 from the department to provide specified public health services.
        (4) Contract funds distributed under Subsection (3) shall be in accordance with Section
 26A-1-116 and policies and procedures adopted by the department.
        (5) Department rules shall require that contract funds be used for public health
 services and not replace other funds used for local public health services.
        (6) (a) (i) All state funds distributed by contract from the department to local health
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        Enrolled Copy                                                                            H.B. 71
 departments for public health services shall be matched by those local health departments at a
 percentage determined by the department in consultation with local health departments.
        (ii) Counties shall have no legal obligation to match state funds at percentages in
 excess of those established by the department and shall suffer no penalty or reduction in state
 funding for failing to exceed the required funding match.
        (b) By October 1 of each year, the department, in consultation with each local health
 department, shall submit a written report to the Social Services Appropriations Subcommittee
 describing, for the preceding five fiscal years, each county's annual per capita contribution to a
 local health department that is used to meet the minimum performance standards described in
 Section 26A-1-106.
        (c) A county may submit an additional written report separate from the report described
 in Subsection (6)(b) to the Social Services Appropriati