This document includes House Committee Amendments incorporated into the bill on Tue, Feb 17, 2015 at 10:31 AM by jeyring.
This document includes House Committee Amendments (CORRECTED) incorporated into the bill on Tue, Feb 24, 2015 at 10:57 AM by lerror.
This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 3, 2015 at 9:59 AM by lpoole.
1     
AIR QUALITY REVISIONS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rebecca P. Edwards

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the rulemaking authority of the Division of Air Quality.
10     Highlighted Provisions:
11          This bill:
12          ▸     authorizes the Division of Air Quality to create rules that are Ĥ→ [more stringent]
12a     different ←Ĥ than
13     corresponding federal regulations if additional regulations will provide added
14     protections to public health and the environment; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          19-2-106, as renumbered and amended by Laws of Utah 1991, Chapter 112
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 19-2-106 is amended to read:
26          19-2-106. Rulemaking authority and procedure.
27          (1) Ŝ→ (a) ←Ŝ [Except as provided in Subsection (2), no rule which the] In carrying out the
27a     duties
28     of Section 19-2-104, the board [makes] may make rules for the purpose of administering a
29     program under the federal Clean Air Act [may be] Ĥ→ [more stringent] different ←Ĥ than the
29a     corresponding
30     federal regulations which address the same circumstances[.] if:
31          Ŝ→ [(a)] (i) ←Ŝ the board holds a public comment period, as described in Title 63G, Chapter
31a     3,
32     Utah Administrative Rulemaking Act, and a public hearing; and
33          Ŝ→ [(b)] (ii) ←Ŝ the board finds that the Ĥ→ [more stringent] different ←Ĥ rule will
33a     provide reasonable
33a     added
34     protections to public health or the environment of the state or a particular region of the state.
34a     Ŝ→ (b) The board shall consider the differences between an industry that continuously
34b     produces emissions and an industry that episodically produces emissions, and make rules that
34c     reflect those differences. ←Ŝ
35          (2) The findings described in Subsection Ŝ→ [(1)(b)] (1)(a)(ii) ←Ŝ shall be:
36          (a) in writing; and
37          (b) based on evidence, studies, or other information contained in the record Ĥ→ that relates
37a     to the state of Utah and type of source involved ←Ĥ .
38          (3) In making rules, the board may incorporate by reference corresponding federal
39     regulations.
40          [(2) The board may make rules more stringent than corresponding federal regulations
41     for the purpose described in Subsection (1), only if it makes a written finding after public
42     comment and hearing and based on evidence in the record, that corresponding federal
43     regulations are not adequate to protect public health and the environment of the state. Those
44     findings shall be accompanied by an opinion referring to and evaluating the public health and
45     environmental information and studies contained in the record which form the basis for the
46     board's conclusion.]




Legislative Review Note
     as of 8-5-14 2:56 PM

Office of Legislative Research and General Counsel