H.B. 168

1

AIR QUALITY MITIGATION BY GOVERNMENT ENTITIES
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patrice M. Arent
5 Senate Sponsor: Mark B. Madsen
6
7 LONG TITLE
8 General Description:
9 This bill requires an agency or school district to report on air quality mitigation efforts
10 and to develop, report on, and implement, an air quality mitigation plan.
11 Highlighted Provisions:
12 This bill:
13 . subject to certain exceptions, requires an agency or school district to:
14 . report on air quality mitigation efforts currently used by the agency or school
15 district; and
16 . develop and report on a plan that the agency or school district will implement,
17 within one year, to mitigate the emission of air pollutants.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 63G-17-101, Utah Code Annotated 1953
25 63G-17-102, Utah Code Annotated 1953
26 63G-17-201, Utah Code Annotated 1953
27 63G-17-202, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 63G-17-101 is enacted to read:
31 CHAPTER 17. AIR QUALITY MITIGATION
32 Part 1. General Provisions
33 63G-17-101. Title.
34 (1) This chapter is known as "Air Quality Mitigation."
35 (2) This part is known as "General Provisions."
36 Section 2. Section 63G-17-102 is enacted to read:
37 63G-17-102. Definitions.
38 As used in this chapter:
39 (1) "Agency" means:
40 (a) the House of Representatives;
41 (b) the Senate;
42 (c) a staff office of the Legislature;
43 (d) a department in the executive branch of state government;
44 (e) the Judicial Council; or
45 (f) a state institution of higher education.
46 (2) "Air pollutant" is as defined in 42 U.S.C. 7602(g).
47 (3) "Designated county" means:
48 (a) Salt Lake County;
49 (b) Davis County;
50 (c) Utah County;
51 (d) Weber County;
52 (e) Box Elder County;
53 (f) Cache County;
54 (g) Duchesne County; or
55 (h) Uintah County.
56 (4) "Mitigation efforts" means measures taken to reduce the emission of air pollutants,
57 including:
58 (a) flexible work schedules to reduce driving during peak times;

59 (b) telecommuting;
60 (c) electronic communication, including teleconferencing;
61 (d) encouraging ride sharing;
62 (e) encouraging use of public transportation;
63 (f) energy conservation;
64 (g) using alternative energy sources;
65 (h) recycling and using recycled products;
66 (i) using non-aerosol products;
67 (j) reducing idling;
68 (k) low-maintenance landscaping; or
69 (l) other technology that may be used, or measures that may be taken, to reduce the
70 emission of air pollutants.
71 Section 3. Section 63G-17-201 is enacted to read:
72 Part 2. Air Quality Mitigation by Agencies and School Districts
73 63G-17-201. Title.
74 This part is known as "Air Quality Mitigation by Agencies and School Districts."
75 Section 4. Section 63G-17-202 is enacted to read:
76 63G-17-202. Air quality mitigation report and plan.
77 (1) Except as provided in Subsection (2), and in accordance with Subsection (3):
78 (a) on or before July 1, 2013, each school district shall submit to the State Board of
79 Education, by email, a report on the mitigation efforts currently being used by the school
80 district;
81 (b) on or before August 1, 2013:
82 (i) the State Board of Education shall submit to the Economic Development Task
83 Force, by email, a summary report of the reports received under Subsection (1)(a); and
84 (ii) each agency shall submit to the Economic Development Task Force, by email, a
85 report on the mitigation efforts currently being used by the agency;
86 (c) on or before August 1, 2013, each school district shall develop and submit to the
87 State Board of Education, by email, a plan that describes the mitigation efforts that the school
88 district will implement, within one year after the day on which the plan is submitted, to:
89 (i) reduce the emission of air pollutants on a regular basis; and

90 (ii) reduce the emission of air pollutants on a day for which the Division of Air Quality
91 issues an air quality action alert; and
92 (d) on or before September 1, 2013:
93 (i) the State Board of Education shall submit to the Economic Development Task
94 Force, by email, a summary of the plans received under Subsection (1)(c); and
95 (ii) each agency shall develop and submit to the Economic Development Task Force,
96 by email, a plan that describes the mitigation efforts that the agency will implement within one
97 year after the day on which the plan is submitted, to:
98 (A) reduce the emission of air pollutants on a regular basis; and
99 (B) reduce the emission of air pollutants on a day for which the Division of Air Quality
100 issues an air quality action alert.
101 (2) (a) A school district is exempt from the provisions of this section if:
102 (i) the school district is not, in whole or in part, within a designated county; and
103 (ii) the school district's employees do not reside within a designated county.
104 (b) A report or plan that an agency is required to submit under this section is not
105 required to contain information in relation to a designated county where an employee of the
106 agency does not reside or work.
107 (3) A plan described in Subsection (1)(c) or (d) shall include information regarding
108 additional funds, if any, that are needed in order to implement all or a portion of the plan.




Legislative Review Note
as of 2-25-13 3:52 PM

Office of Legislative Research and General Counsel

[Bill Documents]