Senator Luz Escamilla proposes the following substitute bill:




Chief Sponsor: Luz Escamilla

House Sponsor: Francis D. Gibson


8     General Description:
9          This bill modifies provisions relating to the duties of the Department of Environmental
10     Quality.
11     Highlighted Provisions:
12          This bill:
13          ▸     directs the Department of Environmental Quality to establish and maintain
14     monitoring facilities to measure environmental impacts from inland port
15     development and to report the results of the monitoring.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          19-1-201, as last amended by Laws of Utah 2018, Chapter 200

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 19-1-201 is amended to read:

26          19-1-201. Powers and duties of department -- Rulemaking authority --
27     Committee.
28          (1) The department shall:
29          (a) enter into cooperative agreements with the Department of Health to delineate
30     specific responsibilities to assure that assessment and management of risk to human health
31     from the environment are properly administered;
32          (b) consult with the Department of Health and enter into cooperative agreements, as
33     needed, to ensure efficient use of resources and effective response to potential health and safety
34     threats from the environment, and to prevent gaps in protection from potential risks from the
35     environment to specific individuals or population groups;
36          (c) coordinate implementation of environmental programs to maximize efficient use of
37     resources by developing, in consultation with local health departments, a Comprehensive
38     Environmental Service Delivery Plan that:
39          (i) recognizes that the department and local health departments are the foundation for
40     providing environmental health programs in the state;
41          (ii) delineates the responsibilities of the department and each local health department
42     for the efficient delivery of environmental programs using federal, state, and local authorities,
43     responsibilities, and resources;
44          (iii) provides for the delegation of authority and pass through of funding to local health
45     departments for environmental programs, to the extent allowed by applicable law, identified in
46     the plan, and requested by the local health department; and
47          (iv) is reviewed and updated annually;
48          (d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
49     Rulemaking Act, as follows:
50          (i) for a board created in Section 19-1-106, rules regarding:
51          (A) board meeting attendance; and
52          (B) conflicts of interest procedures; and
53          (ii) procedural rules that govern:
54          (A) an adjudicative proceeding, consistent with Section 19-1-301; and
55          (B) a special adjudicative proceeding, consistent with Section 19-1-301.5; and
56          (e) ensure that any training or certification required of a public official or public

57     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
58     22, State Training and Certification Requirements, if the training or certification is required:
59          (i) under this title;
60          (ii) by the department; or
61          (iii) by an agency or division within the department.
62          (2) The department shall establish a committee that consists of:
63          (a) the executive director or the executive director's designee;
64          (b) two representatives of the department appointed by the executive director; and
65          (c) three representatives of local health departments appointed by a group of all the
66     local health departments in the state.
67          (3) The committee established in Subsection (2) shall:
68          (a) review the allocation of environmental quality resources between the department
69     and the local health departments;
70          (b) evaluate department policies that affect local health departments;
71          (c) consider policy changes proposed by the department or by local health departments;
72          (d) coordinate the implementation of environmental quality programs to maximize
73     environmental quality resources; and
74          (e) review each department application for any grant from the federal government that
75     affects a local health department before the department submits the application.
76          (4) The committee shall create bylaws to govern the committee's operations.
77          (5) The department may:
78          (a) investigate matters affecting the environment;
79          (b) investigate and control matters affecting the public health when caused by
80     environmental hazards;
81          (c) prepare, publish, and disseminate information to inform the public concerning
82     issues involving environmental quality;
83          (d) establish and operate programs, as authorized by this title, necessary for protection
84     of the environment and public health from environmental hazards;
85          (e) use local health departments in the delivery of environmental health programs to
86     the extent provided by law;
87          (f) enter into contracts with local health departments or others to meet responsibilities

88     established under this title;
89          (g) acquire real and personal property by purchase, gift, devise, and other lawful
90     means;
91          (h) prepare and submit to the governor a proposed budget to be included in the budget
92     submitted by the governor to the Legislature;
93          (i) (i) establish a schedule of fees that may be assessed for actions and services of the
94     department according to the procedures and requirements of Section 63J-1-504; and
95          (ii) in accordance with Section 63J-1-504, all fees shall be reasonable, fair, and reflect
96     the cost of services provided;
97          (j) prescribe by rule reasonable requirements not inconsistent with law relating to
98     environmental quality for local health departments;
99          (k) perform the administrative functions of the boards established by Section 19-1-106,
100     including the acceptance and administration of grants from the federal government and from
101     other sources, public or private, to carry out the board's functions;
102          (l) upon the request of any board or a division director, provide professional, technical,
103     and clerical staff and field and laboratory services, the extent of which are limited by the funds
104     available to the department for the staff and services; and
105          (m) establish a supplementary fee, not subject to Section 63J-1-504, to provide service
106     that the person paying the fee agrees by contract to be charged for the service in order to
107     efficiently utilize department resources, protect department permitting processes, address
108     extraordinary or unanticipated stress on permitting processes, or make use of specialized
109     expertise.
110          (6) In providing service under Subsection (5)(m), the department may not provide
111     service in a manner that impairs any other person's service from the department.
112          (7) (a) As used in this Subsection (7):
113          (i) "Environmental impacts" means:
114          (A) impacts on air quality, including impacts associated with air emissions; and
115          (B) impacts on water quality, including impacts associated with storm water runoff.
116          (ii) "Inland port" means the same as that term is defined in Section 11-58-102.
117          (iii) "Inland port area" means the area in and around the inland port that bears the
118     environmental impacts of destruction, construction, development, and operational activities

119     within the inland port.
120          (iv) "Monitoring facilities" means:
121          (A) for monitoring air quality, a sensor system consisting of monitors to measure levels
122     of research-grade particulate matter, ozone, and oxides of nitrogen, and data logging equipment
123     with internal data storage which are interconnected at all times to capture air quality readings
124     and store data; and
125          (B) for monitoring water quality, facilities to collect groundwater samples, including in
126     existing conveyances and outfalls, to evaluate sediment, metals, organics, and nutrients due to
127     storm water.
128          (b) The department shall:
129          (i) develop and implement a sampling and analysis plan to:
130          (A) characterize the environmental baseline for air quality and water quality in the
131     inland port area;
132          (B) characterize the environmental baseline for only air quality for the Salt Lake
133     International Airport; and
134          (C) define the frequency, parameters, and locations for monitoring;
135          (ii) establish and maintain monitoring facilities to measure the environmental impacts
136     in the inland port area arising from destruction, construction, development, and operational
137     activities within the inland port;
138          (iii) publish the monitoring data on the department's website; and
139          (iv) provide at least annually before November 30 a written report summarizing the
140     monitoring data to:
141          (A) the Utah Inland Port Authority board, established under Title 11, Chapter 58, Part
142     3, Port Authority Board; and
143          (B) the Legislative Management Committee.