FY 2016 Appropriation

The mission of the Department of Environmental Quality (DEQ) is to safeguard public health and quality of life by protecting and improving environmental quality. DEQ also considers 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. DEQ has the responsibility to strengthen local health departments' environmental programs; build consensus among the public, industry, and local governments in developing environmental protection goals; and appropriately balance the need for environmental protection with the need for economic and industrial development.

Funding History

Funding Issues

Air Quality Research

The Division of Air Quality plans to continue air quality research including along the Wasatch Front and in the Uinta Basin. Research is needed to understand the chemistry and meteorology that cause and exacerbate air pollution in Utah's unique environment.

DEQ Water Quality Fees and Permits

Dedicated credits have increased as a result of approved new fees for the pesticide program and 401 certification, and for increased storm water permits and Provo River Watershed Council Contract.

Enterprise-wide Land Information Initiative

Ten state agencies are collaborating to provide support for high resolution aerial photography, process improvements to the State Geographic Information Database, and for support to assert state stewardship over the public lands survey system (PLSS).

Federal Grants

Requests for approval to apply for additional federal grants with details included in the Issue Brief, "Agencies' Requests for Federal Funds."

Petroleum Storage Tank Loan and PST Trust Fund Adjustment

In the 2014 general session HB 158 made changes to fees and consolidated the Petroleum Storage Tank (PST) Loan Fund into the PST Trust Fund. Due to various changes in the bill language and the last minute timing, the appropriation bill had an error and an omission. The appropriation added money to the ERR line item when it should have stayed in the Trust Fund, and the appropriation did not reflect the change of moving funding from the PST Loan Fund to the PST Trust Fund.

Radon Grant Continuation

DEQ was informed by the federal government that radon grant program funding would be discontinued. However, the funding has continued.

Transfer to Hazardous Substance Mitigation Fund

The Hazardous Substance Mitigation Fund is in place to help meet the state's cost share requirements for cleanup activities under the Comprehensive Environmental Response, Compensation and Liability Act and to respond to emergencies. Statute allows up to $400,000 to be transferred into the fund from the Environmental Quality Restricted Fund.
Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $128,196,100 from all sources for Environmental Quality. This is a 15.8 percent increase from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $16,226,300 from the General/Education Funds, an increase of 11 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

In addition to statewide compensation and internal service fund cost increases, the following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time Administrative Law Judge Amendments$0$9,000
OngoingOne-TimeFinancing Source
$0$9,000General Fund, One-time
Enactment of this legislation likely will not materially impact state revenue. Enactment of this legislation could cost the Department of Environmental Quality $9,000 one-time in FY 2016 from the General Fund to modify rules associated with requests for agency action.
Air Quality Attorney General Support$135,000$0
OngoingOne-TimeFinancing Source
$135,000$0General Fund
Since 2009, the Utah Air Quality Board has finalized 40 new rules. Requests for air quality permits are increasing, and the number of air quality decisions being appealed is increasing. The Division of Air Quality seeks additional assistance from the Attorney General in order to provide adequate legal review and support in its operations.
Air Quality CARROT Grants$0$700,000
OngoingOne-TimeFinancing Source
$0$700,000General Fund, One-time
In 2014, the Legislature enacted the Clean Air Retrofit, Replacement, and Off-road Technology (CARROT) Program to encourage individuals and entities to reduce emissions from heavy-duty on-road diesel engines, non-road diesel engines, and small non-road engines. New funding would allow these efforts to continue.
Air Quality Minor Source Compliance$360,300$0
OngoingOne-TimeFinancing Source
$360,300$0General Fund
The number of new permits issued to oil and gas sources by the Division of Air Quality is increasing each year. In order to maintain the current inspection standard of once every three years, the Division would need additional staff.
Air Quality Minor Source Compliance - FY 2015 Supplemental$0$43,600
OngoingOne-TimeFinancing Source
$0$43,600General Fund, One-time
The number of new permits issued to oil and gas sources by the Division of Air Quality is increasing each year. In order to maintain the current inspection standard of once every three years, the Division would need additional staff.
Air Quality Research$0$200,000
OngoingOne-TimeFinancing Source
$0$200,000General Fund, One-time
The Division of Air Quality plans to continue air quality research including along the Wasatch Front and in the Uinta Basin. Research is needed to understand the chemistry and meteorology that cause and exacerbate air pollution in Utah's unique environment.
Attorney General Dedicated Credit Adjustments$69,000$0
OngoingOne-TimeFinancing Source
$69,000$0Federal Funds
This item designates additional funding appropriated to an agency to pay higher costs for Attorney General services, due to statewide and AG-specific compensation increases.
Clean Air Effort$2,000,000$0
OngoingOne-TimeFinancing Source
$2,000,000$0General Fund
Fueling stations
Coal Ash Regulation Amendments$2,300$58,700
OngoingOne-TimeFinancing Source
$0$30,600Dedicated Credits Revenue
$2,300$28,100GFR - Environmental Quality
Enactment of this legislation could generate $30,600 one-time in dedicated credits in FY 2016 for the Division of Solid and Hazardous Waste for fees charged for permitting coal ash disposal facilities. Enactment of this legislation could cost the Division of Solid and Hazardous Waste (SHW) $30,600 one-time from dedicated credits in FY 2016 for costs associated with permitting coal ash disposal facilities, and $28,100 one-time from the Environmental Quality Restricted Account (EQRA) in FY 2016 for creating rules regarding disposal of coal ash. This legislation could cost SHW $2,300 ongoing beginning in FY 2016 from EQRA for inspecting coal ash disposal facilities.
Department of Environmental Quality Modifications ($254,200)$0
OngoingOne-TimeFinancing Source
$0$0General Fund
$0$0General Fund, One-time
$0$0Federal Funds
$0$0Dedicated Credits Revenue
($254,200)$0GFR - Environmental Quality
$0$0GFR - Used Oil Administration
$0$0Waste Tire Recycling Fund
$0$0Transfers - Within Agency
$0$0Beginning Nonlapsing
Enactment of this legislation likely will not materially impact state revenue. Enactment of this legislation would consolidate the Division of Solid and Hazardous Waste and the Division of Radiation Control into a single division called the Division of Waste Management, and it would merge the Solid and Hazardous Waste Control Board and the Radiation Control Board (each of which has 9 members) into an 11 member Waste Management Board. Enactment of this legislation could reduce expenditures by the Department of Environmental Quality by $254,200 ongoing beginning in FY 2016 from the Environmental Quality Restricted Account due to elimination of a Division Director position and a Support Services Coordinator position, and due to reduced costs resulting from fewer total board members. Additional savings may also be realized during the consolidation process.
DEQ Water Quality Fees and Permits$78,700$496,900
OngoingOne-TimeFinancing Source
$78,700$496,900Dedicated Credits Revenue
Dedicated credits have increased as a result of approved new fees for the pesticide program and 401 certification, and for increased storm water permits and Provo River Watershed Council Contract.
Enterprise-wide Land Information Initiative$0$600,000
OngoingOne-TimeFinancing Source
$0$600,000General Fund, One-time
Ten state agencies are collaborating to provide support for high resolution aerial photography, process improvements to the State Geographic Information Database, and for support to assert state stewardship over the public lands survey system (PLSS).
Federal Grants$38,000$296,800
OngoingOne-TimeFinancing Source
$38,000$296,800Federal Funds
Requests for approval to apply for additional federal grants with details included in the Issue Brief, "Agencies' Requests for Federal Funds."
Modeling Emissions from Solid Fuel Burning Devices$0$70,000
OngoingOne-TimeFinancing Source
$0$70,000General Fund, One-time
Enactment of this legislation likely will not materially impact state revenue. Enactment of this legislation appropriates $70,000 from the General Fund one-time in FY 2016 to the Department of Environmental Quality for modeling to consider the impact of emissions from solid fuel burning devices.
Petroleum Storage Tank Trust Fund Adjustment$0 ($595,000)
OngoingOne-TimeFinancing Source
$0 ($595,000)Petroleum Storage Tank Trust
In connection with passage of HB 138 (2014 GS), $595,000 was appropriated to DEQ from the Petroleum Storage Tank Trust Fund. The appropriation was unnecessary.
Transfer to Hazardous Substance Mitigation Fund$0$400,000
OngoingOne-TimeFinancing Source
$0$400,000GFR - Environmental Quality
The Hazardous Substance Mitigation Fund is in place to help meet the state's cost share requirements for cleanup activities under the Comprehensive Environmental Response, Compensation and Liability Act and to respond to emergencies. Statute allows up to $400,000 to be transferred into the fund from the Environmental Quality Restricted Fund.
X-ray Inspection Program Efficiency ($243,400)$0
OngoingOne-TimeFinancing Source
($243,400)$0General Fund
DEQ inspects x-ray equipment every 1 to 5 years depending on the facility. In 2014, compliance was 90%. The inspection interval could be lengthened, thereby reducing the number of FTEs required to run the program. Although inspections would decrease, DEQ anticipates that the compliance rate would remain high.

Statute

The Utah Department of Environmental Quality is governed by the Environmental Quality Code, Title 19 of the Utah Code:

  • UCA 19 is known as the "Environmental Quality Code."
  • UCA 19-1-104 creates the Department of Environmental Quality and authorizes the governor to appoint the executive director with consent of the Senate.
  • UCA 19-1-105 creates the Divisions of Air Quality, Drinking Water, Environmental Response and Remediation, Radiation, Solid and Hazardous Waste, and Water Quality.
  • UCA 19-1-106 creates policymaking boards of Air Quality, Radiation Control, Drinking Water, Water Quality, and Solid and Hazardous Waste Control.
  • UCA 19-1-108 creates the Environmental Quality Restricted Account.
  • UCA 19-1-201 empowers the Department to complete its purpose.
  • UCA 19-2 creates the Air Conservation Act and empowers the Air Quality Board and Division of Air Quality to enforce the Act.
  • UCA 19-3 creates the Radiation Control Act and authorizes the Radiation Control Board and Division of Radiation Control to implement and enforce the Act.
  • UCA 19-4 creates the Safe Drinking Water Act and directs the Drinking Water Board and Drinking Water Division to uphold drinking water standards in the state.
  • UCA 19-5 creates the Water Quality and empowers the Water Quality Board and Division of Water Quality to enforce water quality standards.
  • UCA 19-6 creates the Solid and Hazardous Waste Act and defines the duties, powers, and authorities of the Solid and Hazardous Waste Control Board and the Divisions of Environmental Response and Remediation and Solid and Hazardous Waste.

The DEQ's main offices are in the Multi Agency State Office Building west of Redwood Road at 195 North 1950 West. The Department operates an air monitoring center on Parkway Boulevard in West Valley City. The Department also has district engineers located in St. George, Price, Richfield, and Roosevelt. These staff members work in coordination with local health departments to support environmental programs specifically related to the rural areas to which they are assigned.

Intent Language

HB0003: Item 109

Under the terms of 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for Executive Director’s Office in Item 17, Chapter 5, Laws of Utah 2014, shall not lapse at the close of FY 2015. Expenditures of these funds are limited to high level nuclear waste opposition $127,400; capital improvements/maintenance and equipment $350,000; administrative law judge $150,000.


HB0003: Item 110

Under the terms of 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for Division of Air Quality in Item 18, Chapter 5, Laws of Utah 2014, shall not lapse at the close of FY 2015. Expenditures of these funds are limited to reducing future operating permit fees $100,000; air monitoring equipment $200,000; public awareness campaign $100,000.


HB0003: Item 114

Under the terms of 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for Division of Drinking Water in Item 22, Chapter 5, Laws of Utah 2014, shall not lapse at the close of FY 2015. Expenditures of these funds are limited to computer and printer replacements $10,000; special studies and database development $200,000.


HB0003: Item 115

Under the terms of 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for Division of Solid and Hazardous Waste in Item 23, Chapter 5, Laws of Utah 2014, shall not lapse at the close of FY 2015. Expenditures of these funds are limited to antifreeze collection tanks $300,000; community outreach and public education $125,000.


SB0002: Item 157

The Legislature intends that the Division of Air Quality purchase one new vehicle through the Division of Fleet Operations.


SB0002: Item 158

The Legislature intends that, if Senate Bill 244 passes, upon closing FY 2015, all nonlapsing balances for the Division of Radiation Control and for the Division of Solid and Hazardous Waste be established as beginning nonlapsing balances for the new Division of Waste Management and Radiation Control.


SB0002: Item 160

The Legislature intends that, if Senate Bill 244 passes, upon closing FY 2015, all nonlapsing balances for the Division of Radiation Control and for the Division of Solid and Hazardous Waste be established as beginning nonlapsing balances for the new Division of Waste Management and Radiation Control.


SB0003: Item 159

Under Section 63J-1-603 of the Utah Code the Legislature intends that appropriations provided for the Division of Air Quality in Item 110, House Bill 3, 2015 General Session, shall not lapse at the close of FY 2015. Expenditures of these funds are limited to vehicle purchase and other costs associated with new compliance officers: $43,600.


SB0003: Item 166

The Legislature intends that the Department of Environmental Quality use the $2,000,000 appropriation to Facilities for Alternative Fuel Vehicles toward funding for the construction, operation, and maintenance of facilities for alternative fuel vehicles that are used by or benefit the interlocal entity as described in UCA 11-13-224 of the Utah Code.


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COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.