1     
WORKFORCE SOLUTIONS FOR AIR QUALITY

2     
AMENDMENTS

3     
2021 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Daniel McCay

6     
House Sponsor: Mike Winder

7     

8     LONG TITLE
9     General Description:
10          This bill enacts reporting and other requirements for the Department of Human
11     Resource Management (DHRM) related to teleworking by state employees.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     requires DHRM to:
16               •     cooperate with state agencies to provide and measure teleworking options for
17     state employees during bad air quality days and other certain days; and
18               •     provide an annual written report regarding teleworking by state employees
19     during bad air quality days and other certain days; and
20          ▸     requires the Governor's Office of Management and Budget to notify state agencies
21     of mandatory action days for air quality and special circumstance days to encourage
22     teleworking by eligible employees.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     ENACTS:
29          67-19-46, Utah Code Annotated 1953

30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 67-19-46 is enacted to read:
33          67-19-46. Teleworking progress report.
34          (1) As used in this section:
35          (a) "Mandatory action day" means a day where notice has been issued at least 48 hours
36     in advance by the director of the Division of Air Quality that the concentration of air pollutants
37     measured in a county are predicted to reach or exceed levels of air pollution that are unhealthy
38     for sensitive groups.
39          (b) "Special circumstance day" means a day where predicted heavy snowfall or other
40     situations pose a risk to employee safety or employee health as determined by the Governor's
41     Office of Management and Budget or a designee of the Governor's Office of Management and
42     Budget.
43          (c) "Surge telework eligible" means all employment positions identified as telework
44     eligible and employment positions identified as able to telework temporarily for mandatory
45     action days or special circumstance days.
46          (d) "Surge teleworking" means an employee who temporarily teleworks on a
47     mandatory action day or a special circumstance day.
48          (e) "Telework" or "Teleworking" means an employee working from home, or from an
49     approved worksite other than the location from which the employee would otherwise work,
50     through the use of a computer, the Internet, a telephone, or other technology to complete
51     work-related duties and maintain contact with colleagues, clients, or a central office as needed.
52          (2) (a) The department shall assist each state agency with identifying positions that are
53     surge telework eligible.
54          (b) The department may identify and distribute to each state agency strategies and best
55     practices to increase the use of teleworking by the agency's employees during mandatory action
56     days and special circumstance days.
57          (3) The Governor's Office of Management and Budget or a designee of the Governor's

58     Office of Management and Budget shall inform each state agency in a timely manner of
59     mandatory action days and special circumstance days.
60          (4) On or before October 1 of each year, the department shall provide a written report
61     to the Economic Development and Workforce Services Interim Committee describing:
62          (a) the number of employees and the percentage of employees from each agency that
63     are identified as telework eligible and surge telework eligible;
64          (b) except for the initial written report on or before October 1, 2021, the number of
65     employees and the percentage of employees from each agency that have teleworked during
66     mandatory action days and special circumstance days during the previous fiscal year;
67          (c) for each agency that has not met the target goal of 90% of surge telework eligible
68     employees teleworking on mandatory action days or special circumstance days, impediments to
69     achieving the target goals and recommended strategies to achieve the target goals in the future;
70     and
71          (d) for each agency, recommendations for any actions by the Legislature to increase the
72     number and percentage of surge telework eligible employees.