1     
ENVIRONMENTAL FEE AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kay J. Christofferson

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the Environmental Quality Restricted Account.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates the Division of Waste Management and Radiation Control Expendable
13     Revenue Fund and describes the uses of the fund;
14          ▸     provides for transfers from the Environmental Quality Restricted Account to the
15     Hazardous Substances Mitigation Fund;
16          ▸     provides repeal dates; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          19-1-108, as last amended by Laws of Utah 2013, Chapter 330
25          63I-2-219, as last amended by Laws of Utah 2016, Chapter 369
26     ENACTS:
27          19-6-126, Utah Code Annotated 1953
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 19-1-108 is amended to read:
31          19-1-108. Creation of Environmental Quality Restricted Account -- Purpose of
32     restricted account -- Sources of funds -- Uses of funds.
33          (1) There is created the Environmental Quality Restricted Account.
34          (2) The sources of money for the restricted account are:
35          (a) radioactive waste disposal fees collected under Sections 19-3-106 and 19-3-106.4
36     and other fees collected under Subsection 19-3-104(5);
37          (b) hazardous waste disposal fees collected under Section 19-6-118;
38          (c) PCB waste disposal fees collected under Section 19-6-118.5;
39          (d) nonhazardous solid waste disposal fees collected under Section 19-6-119; and
40          (e) the investment income derived from money in the Environmental Quality
41     Restricted Account.
42          (3) In each fiscal year[,]:
43          (a) the first [$400,000] $200,000 collected from the waste disposal fees listed in
44     Subsection (2), collectively, shall be deposited in the [General Fund as free revenue. The
45     balance] Hazardous Substances Mitigation Fund;
46          (b) the second $200,000 collected from the waste disposal fees listed in Subsection (2),
47     collectively, shall be deposited in the Division of Waste Management and Radiation Control
48     Expendable Revenue Fund created in Section 19-6-126; and
49          (c) the balance of the money collected from the waste disposal fees listed in Subsection
50     (2), collectively, shall be deposited in the Environmental Quality Restricted Account.
51          (4) The Legislature may annually appropriate money from the Environmental Quality
52     Restricted Account to the department for the costs of administering:
53          (a) [the department for the costs of administering] radiation control programs; and
54          (b) [the department for the costs of administering] solid and hazardous waste
55     programs[; and].
56          [(c) subject to Subsection (6), the Hazardous Substances Mitigation Fund, up to
57     $400,000, to provide money to:]
58          (5) Each year beginning July 1, 2018, and ending on July 1, 2021, the Division of
59     Finance shall transfer $400,000 from the Environmental Quality Restricted Account to the
60     Hazard Substances Mitigation Fund, to provide money to:
61          [(i)] (a) meet the state's cost share requirements for cleanup under the Comprehensive
62     Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.
63     as amended; and
64          [(ii)] (b) respond to an emergency as provided in Section 19-6-309.
65          [(5)] (6) After the requirements of Subsection (3) are met, sources of money for the
66     restricted account described in Subsection (2)(a) may only be used for the purpose described in
67     Subsection (4)(a).
68          [(6) An annual request for money to be appropriated from the Environmental Quality
69     Restricted Account to the Hazardous Substances Mitigation Fund may be made by the
70     department only after the executive director's review of the Environmental Quality Restricted
71     Account's or the Hazardous Substances Mitigation Fund's balance as of the end of the fiscal
72     year immediately before the general session for which the request is made.]
73          (7) In order to stabilize funding for the radiation control program and the solid and
74     hazardous waste program, the Legislature shall in years of excess revenues reserve in the
75     Environmental Quality Restricted Account sufficient money to meet departmental needs in
76     years of projected shortages.
77          (8) The Legislature may not appropriate money from the General Fund to the
78     department as a supplemental appropriation to cover the costs of the radiation control program
79     and the solid and hazardous waste program in an amount exceeding 25% of the amount of
80     waste disposal fees collected during the most recent prior fiscal year.
81          (9) Money appropriated under this part that is not expended at the end of the fiscal year
82     lapses into the Environmental Quality Restricted Account.
83          (10) (a) The balance in the Environmental Quality Restricted Account may not exceed
84     $4,000,000 above the anticipated revenue need for the money in the restricted account for the
85     fiscal year.
86          (b) Excess funds under Subsection (10)(a) shall be credited on a proportionate basis to
87     each person who paid money to the fund in the previous fiscal year.
88          Section 2. Section 19-6-126 is enacted to read:
89          19-6-126. Division of Waste Management and Radiation Control Expendable
90     Revenue Fund.
91          (1) There is created the Division of Waste Management and Radiation Control
92     Expendable Revenue Fund.
93          (2) The fund consists of money deposited in the fund pursuant to Section 19-1-108.
94          (3) The Division of Waste Management and Radiation Control may expend money in
95     the fund to upgrade technology for permitting and compliance purposes, and other expenditures
96     that will result in increased efficiency and reduced cost, as described in this section.
97          (4) The technology upgrade authorized in this section shall be designed to assist the
98     division in the following ways:
99          (a) allowing forms to be digitized and accessible online for:
100          (i) completion and submission by a division employee; and
101          (ii) review by a regulated facility;
102          (b) tracking expenses of a division employee, including travel time to inspected
103     facilities; and
104          (c) increasing employee efficiency and government transparency.
105          (5) Once the technology described in this section is in place, the division shall
106     implement a method for a solid waste management facility to self-inspect as described in
107     Section 19-6-109.
108          (6) In implementing this section, the Division of Waste Management and Radiation
109     Control shall work with the Department of Technology Services.
110          Section 3. Section 63I-2-219 is amended to read:
111          63I-2-219. Repeal dates -- Title 19.
112          [(1) Subsection 19-1-403(2)(c)(i), the language that states "minus the amount of any
113     tax credit claimed under Section 59-7-605 or 59-10-1009" is repealed on January 1, 2017.]
114          [(2) Subsection 19-1-403(2)(c)(ii), the language that states "minus the amount of any
115     tax credit claimed under Section 59-7-605 or 59-10-1009" is repealed on January 1, 2017.]
116          (1) (a) Subsections 19-1-108(3) and (6) are repealed on July 1, 2019.
117          (b) When repealing Subsections 19-1-108(3) and (6), the Office of Legislative
118     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
119     make necessary changes to subsection numbering and cross references.
120          (2) Section 19-6-126 is repealed on July 1, 2019.




Legislative Review Note
Office of Legislative Research and General Counsel