H.B. 226 Storm Water Permitting Amendments
Bill Sponsor: ![]() Rep. Snider, Casey | Floor Sponsor: ![]() Sen. Bramble, Curtis S. |
- Substitute Sponsor: Rep. Snider, Casey
- Drafting Attorney: Patricia Owen
- Fiscal Analyst: Lacey K. Moore
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Other Versions
- Related Documents
- Information
- Last Action: 24 Mar 2020, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 1 Jul 2020
- Session Law Chapter: 099
- Sections Affected
Enrolled
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H.B. 226
1 STORM WATER PERMITTING AMENDMENTS
22020 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Casey Snider
5Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill addresses effects of storm water.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses rulemaking by the board regarding storm water discharges and
13 implementation by the director;
14 ▸ enacts provisions related to storm water permits and certain appeals related to
15 post-construction retention requirements; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides a special effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 19-5-108, as last amended by Laws of Utah 2012, Chapter 360
24 ENACTS:
25 19-5-108.5, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 19-5-108 is amended to read:
29 19-5-108. Discharge permits -- Requirements and procedure for issuance.
30 (1) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
31 Administrative Rulemaking Act, for and require the submission of plans, specifications, and
32 other information to the director in connection with the issuance of discharge permits.
33 (2) [Each] A discharge permit shall have a fixed term not exceeding five years. Upon
34 expiration of a discharge permit, a new permit may be issued by the director as authorized by
35 the board after notice and an opportunity for public hearing and upon condition that the
36 applicant meets or will meet all applicable requirements of this chapter, including the
37 conditions of any permit granted by the board.
38 (3) The board may require notice to the director of the introduction of pollutants into
39 publicly-owned treatment works and identification to the director of the character and volume
40 of any pollutant of any significant source subject to pretreatment standards under Subsection
41 307(b) of the federal Clean Water Act. The director shall provide in the permit for compliance
42 with pretreatment standards.
43 (4) The director may impose as conditions in permits for the discharge of pollutants
44 from publicly-owned treatment works appropriate measures to establish and insure compliance
45 by industrial users with any system of user charges required under this chapter or the rules
46 adopted under [it] this chapter.
47 (5) The director may apply and enforce against industrial users of publicly-owned
48 treatment works, toxic effluent standards and pretreatment standards for the introduction into
49 the treatment works of pollutants which interfere with, pass through, or otherwise are
50 incompatible with the treatment works.
51 (6) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
52 Administrative Rulemaking Act, establishing requirements for the permitting of storm water
53 discharges into waters of the state.
54 (7) The director shall administer storm water permits to be consistent with rules
55 established by the board.
56 Section 2. Section 19-5-108.5 is enacted to read:
57 19-5-108.5. Storm water permits.
58 (1) As used in this section:
59 (a) "Applicant" means a person who is conducting or proposing to conduct a use of
60 land and who a permittee requires or allows to use low impact development.
61 (b) "Independent review" is a review conducted:
62 (i) in accordance with this section; and
63 (ii) by an engineer, or engineering firm, designated by the division as having technical
64 expertise in the area of storm water calculations.
65 (c) "Low impact development" means structural or natural engineered systems located
66 close to the source of storm water that use or mimic natural processes to encourage infiltration,
67 evapotranspiration, or reuse of the storm water.
68 (d) "Permittee" means a municipality, metro township, or county with a storm water
69 permit under the Utah Pollutant Discharge Elimination System.
70 (e) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and
71 drainage.
72 (f) "Storm water permit" means a permit issued to a permittee by the division for the
73 permittee's municipal separate storm sewer system.
74 (g) "Utah Pollutant Discharge Elimination System" means the state-wide program for
75 issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits
76 under the Utah Water Quality Act.
77 (2) A permittee shall reduce any requirement for an applicant to manage or control
78 storm water runoff rates or storm water runoff volumes for flood control purposes to account
79 for the reduction in storm water associated with approved low impact development practices.
80 (3) The director shall create and maintain a list of engineers, including engineering
81 firms, capable of providing independent review of low impact development designs and storm
82 water calculations for use by an applicant and a permittee pursuant to an appeal described in
83 Subsection (4).
84 (4) (a) An applicant who appeals a permittee's determination regarding
85 post-construction retention requirements under the permittee's storm water permit may request
86 the permittee to refer the appeal to independent review for purposes of determining the
87 technical aspects of the appeal, including:
88 (i) the required size of any low impact development system;
89 (ii) the calculations of reductions in storm water runoff rates or storm water runoff
90 volumes for flood control due to the use of low impact development; and
91 (iii) the feasibility of constructing low impact development practices required by the
92 permittee.
93 (b) If an applicant makes a request under Subsection (4)(a):
94 (i) the permittee shall:
95 (A) select an engineer or engineering firm from the list described in Subsection (3);
96 and
97 (B) pay one-half of the cost of the independent review.
98 (ii) An engineer or engineering firm selected by the permittee under Subsection
99 (4)(b)(i) may not be:
100 (A) associated with the application that is the subject of the appeal; or
101 (B) employed by the permittee.
102 (iii) The applicant shall pay:
103 (A) one-half of the cost of the independent review; and
104 (B) the municipality's published appeal fee.
105 Section 3. Effective date.
106 This bill takes effect on July 1, 2020.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill addresses effects of storm water.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses rulemaking by the board regarding storm water discharges and
13 implementation by the director;
14 ▸ enacts provisions related to storm water permits and certain appeals related to
15 post-construction retention requirements; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides a special effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 19-5-108, as last amended by Laws of Utah 2012, Chapter 360
24 ENACTS:
25 19-5-108.5, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 19-5-108 is amended to read:
29 19-5-108. Discharge permits -- Requirements and procedure for issuance.
30 (1) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
31 Administrative Rulemaking Act, for and require the submission of plans, specifications, and
32 other information to the director in connection with the issuance of discharge permits.
33 (2) [
34 expiration of a discharge permit, a new permit may be issued by the director as authorized by
35 the board after notice and an opportunity for public hearing and upon condition that the
36 applicant meets or will meet all applicable requirements of this chapter, including the
37 conditions of any permit granted by the board.
38 (3) The board may require notice to the director of the introduction of pollutants into
39 publicly-owned treatment works and identification to the director of the character and volume
40 of any pollutant of any significant source subject to pretreatment standards under Subsection
41 307(b) of the federal Clean Water Act. The director shall provide in the permit for compliance
42 with pretreatment standards.
43 (4) The director may impose as conditions in permits for the discharge of pollutants
44 from publicly-owned treatment works appropriate measures to establish and insure compliance
45 by industrial users with any system of user charges required under this chapter or the rules
46 adopted under [
47 (5) The director may apply and enforce against industrial users of publicly-owned
48 treatment works, toxic effluent standards and pretreatment standards for the introduction into
49 the treatment works of pollutants which interfere with, pass through, or otherwise are
50 incompatible with the treatment works.
51 (6) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
52 Administrative Rulemaking Act, establishing requirements for the permitting of storm water
53 discharges into waters of the state.
54 (7) The director shall administer storm water permits to be consistent with rules
55 established by the board.
56 Section 2. Section 19-5-108.5 is enacted to read:
57 19-5-108.5. Storm water permits.
58 (1) As used in this section:
59 (a) "Applicant" means a person who is conducting or proposing to conduct a use of
60 land and who a permittee requires or allows to use low impact development.
61 (b) "Independent review" is a review conducted:
62 (i) in accordance with this section; and
63 (ii) by an engineer, or engineering firm, designated by the division as having technical
64 expertise in the area of storm water calculations.
65 (c) "Low impact development" means structural or natural engineered systems located
66 close to the source of storm water that use or mimic natural processes to encourage infiltration,
67 evapotranspiration, or reuse of the storm water.
68 (d) "Permittee" means a municipality, metro township, or county with a storm water
69 permit under the Utah Pollutant Discharge Elimination System.
70 (e) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and
71 drainage.
72 (f) "Storm water permit" means a permit issued to a permittee by the division for the
73 permittee's municipal separate storm sewer system.
74 (g) "Utah Pollutant Discharge Elimination System" means the state-wide program for
75 issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits
76 under the Utah Water Quality Act.
77 (2) A permittee shall reduce any requirement for an applicant to manage or control
78 storm water runoff rates or storm water runoff volumes for flood control purposes to account
79 for the reduction in storm water associated with approved low impact development practices.
80 (3) The director shall create and maintain a list of engineers, including engineering
81 firms, capable of providing independent review of low impact development designs and storm
82 water calculations for use by an applicant and a permittee pursuant to an appeal described in
83 Subsection (4).
84 (4) (a) An applicant who appeals a permittee's determination regarding
85 post-construction retention requirements under the permittee's storm water permit may request
86 the permittee to refer the appeal to independent review for purposes of determining the
87 technical aspects of the appeal, including:
88 (i) the required size of any low impact development system;
89 (ii) the calculations of reductions in storm water runoff rates or storm water runoff
90 volumes for flood control due to the use of low impact development; and
91 (iii) the feasibility of constructing low impact development practices required by the
92 permittee.
93 (b) If an applicant makes a request under Subsection (4)(a):
94 (i) the permittee shall:
95 (A) select an engineer or engineering firm from the list described in Subsection (3);
96 and
97 (B) pay one-half of the cost of the independent review.
98 (ii) An engineer or engineering firm selected by the permittee under Subsection
99 (4)(b)(i) may not be:
100 (A) associated with the application that is the subject of the appeal; or
101 (B) employed by the permittee.
102 (iii) The applicant shall pay:
103 (A) one-half of the cost of the independent review; and
104 (B) the municipality's published appeal fee.
105 Section 3. Effective date.
106 This bill takes effect on July 1, 2020.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
1/30/2020 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
1/30/2020 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
1/31/2020 | House/ received bill from Legislative Research | Clerk of the House | |
1/31/2020 | House/ 1st reading (Introduced) | House Rules Committee | |
2/13/2020 | House/ received fiscal note from Fiscal Analyst | House Rules Committee | |
2/26/2020 | House/ to standing committee | House Natural Resources, Agriculture, and Environment Committee | |
2/28/2020 | House Comm - Substitute Recommendation from # 0 to # 2 | House Natural Resources, Agriculture, and Environment Committee | 8 0 5 |
2/28/2020 | House Comm - Favorable Recommendation | House Natural Resources, Agriculture, and Environment Committee | 9 0 4 |
2/28/2020 (12:00:43 PM) | House/ comm rpt/ substituted | House Natural Resources, Agriculture, and Environment Committee | |
2/28/2020 (12:00:44 PM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
3/2/2020 (2:13:27 PM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
3/2/2020 (2:17:15 PM) | House/ passed 3rd reading | Senate Secretary | 69 0 6 |
3/2/2020 (2:17:17 PM) | House/ to Senate | Senate Secretary | |
3/2/2020 | Senate/ received from House | Waiting for Introduction in the Senate | |
3/2/2020 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
3/2/2020 | LFA/ fiscal note sent to sponsor | Senate Rules Committee | |
3/3/2020 | LFA/ fiscal note publicly available | Senate Rules Committee | |
3/3/2020 | Senate/ to standing committee | Senate Natural Resources, Agriculture, and Environment Committee | |
3/5/2020 | Senate Comm - Amendment Recommendation # 1 | Senate Natural Resources, Agriculture, and Environment Committee | 7 0 2 |
3/5/2020 | Senate Comm - Favorable Recommendation | Senate Natural Resources, Agriculture, and Environment Committee | 7 0 2 |
3/6/2020 (10:16:59 AM) | Senate/ comm rpt/ amended | Senate Natural Resources, Agriculture, and Environment Committee | |
3/6/2020 (10:17:00 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
3/10/2020 | Senate/ 2nd Reading Calendar to Rules | Senate Rules Committee | |
3/12/2020 | Senate/ Rules to 2nd Reading Calendar | Senate 2nd Reading Calendar | |
3/12/2020 (11:09:54 AM) | Senate/ 2nd & 3rd readings/ suspension | Senate 2nd Reading Calendar | |
3/12/2020 (11:11:53 AM) | Senate/ passed 2nd & 3rd readings/ suspension | Clerk of the House | 21 0 8 |
3/12/2020 (11:11:54 AM) | Senate/ to House with amendments | Clerk of the House | |
3/12/2020 (2:25:08 PM) | House/ received from Senate | Clerk of the House | |
3/12/2020 (2:25:09 PM) | House/ placed on Concurrence Calendar | House Concurrence Calendar | |
3/12/2020 (2:33:50 PM) | House/ concurs with Senate amendment | Senate President | 72 0 3 |
3/12/2020 (2:33:51 PM) | House/ to Senate | Senate President | |
3/12/2020 | Senate/ received from House | Senate President | |
3/12/2020 | Senate/ signed by President/ returned to House | House Speaker | |
3/12/2020 | Senate/ to House | House Speaker | |
3/12/2020 | House/ received from Senate | House Speaker | |
3/12/2020 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/12/2020 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/12/2020 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/20/2020 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/20/2020 | House/ enrolled bill to Printing | Clerk of the House | |
3/23/2020 | House/ received enrolled bill from Printing | Clerk of the House | |
3/23/2020 | House/ to Governor | Executive Branch - Governor | |
3/24/2020 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings