1     
ROCKY MOUNTAIN CENTER FOR OCCUPATIONAL AND

2     
ENVIRONMENTAL HEALTH AMENDMENTS

3     
2021 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Karen Mayne

6     
House Sponsor: Val L. Peterson

7     

8     LONG TITLE
9     General Description:
10          This bill relates to the Rocky Mountain Center for Occupational and Environmental
11     Health (center).
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies definitions;
15          ▸     modifies the amount a self-insured employer or a workers' compensation insurer
16     may offset against certain workers' compensation-related assessments if the amount
17     is greater than certain donations by the employer or insurer to the center;
18          ▸     requires the University of Utah and Weber State University to:
19               •     jointly operate the center;
20               •     jointly create the Rocky Mountain Center for Occupational and Environmental
21     Health Advisory Board (board) and bylaws for operation of the board; and
22               •     each appoint a representative to assist with an application for certain federal
23     funding for the center;
24          ▸     requires the University of Utah senior vice president for health sciences to develop
25     an annual budget for the center;
26          ▸     modifies the process for appointment of the director of the center;
27          ▸     requires the board to:
28               •     advise the director of the center regarding certain public and private funding;
29               •     promote undergraduate training and other education regarding occupational
30     health and safety; and
31               •     provide a report to the president of the University of Utah, the president of
32     Weber State University, and the Education Interim Committee; and
33          ▸     makes technical and conforming changes.
34     Money Appropriated in this Bill:
35          None
36     Other Special Clauses:
37          This bill provides retrospective operation.
38     Utah Code Sections Affected:
39     AMENDS:
40          34A-2-202.5, as last amended by Laws of Utah 2019, Chapter 324
41          53B-1-301, as last amended by Laws of Utah 2020, Chapters 365 and 403
42          59-9-102.5, as last amended by Laws of Utah 2019, Chapter 324
43     ENACTS:
44          53B-30-101, Utah Code Annotated 1953
45          53B-30-201, Utah Code Annotated 1953
46     RENUMBERS AND AMENDS:
47          53B-30-202, (Renumbered from 53B-17-801, as enacted by Laws of Utah 2007,
48     Chapter 232)
49          53B-30-203, (Renumbered from 53B-17-802, as enacted by Laws of Utah 2007,
50     Chapter 232)
51          53B-30-204, (Renumbered from 53B-17-803, as last amended by Laws of Utah 2010,
52     Chapter 286)
53          53B-30-205, (Renumbered from 53B-17-805, as enacted by Laws of Utah 2007,
54     Chapter 232)
55          53B-30-206, (Renumbered from 53B-17-804, as last amended by Laws of Utah 2019,
56     Chapter 324)
57     

58     Be it enacted by the Legislature of the state of Utah:
59          Section 1. Section 34A-2-202.5 is amended to read:
60          34A-2-202.5. Offset for occupational health and safety related donations.
61          (1) As used in this section:
62          (a) "Occupational health and safety center" means the Rocky Mountain Center for
63     Occupational and Environmental Health created in [Title 53B, Chapter 17, Part 8,] Title 53B,
64     Chapter 30, Part 2, Rocky Mountain Center for Occupational and Environmental Health.
65          (b) "Qualified donation" means a donation that is:
66          (i) cash;
67          (ii) given directly to an occupational health and safety center; and
68          (iii) given exclusively for the purpose of:
69          (A) supporting graduate level education and training in fields of:
70          (I) safety and ergonomics;
71          (II) industrial hygiene;
72          (III) occupational health nursing; [and]
73          (IV) occupational injury prevention; and
74          [(IV)] (V) occupational medicine;
75          (B) providing continuing education programs for employers designed to promote
76     workplace safety; and
77          (C) paying reasonable administrative, personnel, equipment, and overhead costs of the
78     occupational health and safety center.
79          (c) "Self-insured employer" is a self-insured employer as defined in Section
80     34A-2-201.5 that is required to pay the assessment imposed under Section 34A-2-202.
81          (2) (a) A self-insured employer may offset against the assessment imposed under
82     Section 34A-2-202 an amount equal to the lesser of:
83          (i) the total of qualified donations made by the self-insured employer in the calendar
84     year for which the assessment is calculated; and
85          (ii) [.10%] .20% of the self-insured employer's total calculated premium calculated
86     under Subsection 34A-2-202(1)(d) for the calendar year for which the assessment is calculated.
87          (b) The offset provided under this Subsection (2) shall be allocated in proportion to the
88     percentages provided in Subsection 59-9-101(2)(c).
89          (3) An occupational health and safety center shall:
90          (a) provide a self-insured employer a receipt for any qualified donation made by the
91     self-insured employer to the occupational health and safety center;
92          (b) expend money received by a qualified donation:
93          (i) for the purposes described in Subsection (1)(b)(iii); and
94          (ii) in a manner that can be audited to ensure that the money is expended for the
95     purposes described in Subsection (1)(b)(iii); and
96          (c) in conjunction with the report required by Section 59-9-102.5, report to the Office
97     of the Legislative Fiscal Analyst for review by the Higher Education Appropriations
98     Subcommittee by no later than August 15 of each year:
99          (i) the qualified donations received by the occupational health and safety center in the
100     previous calendar year; and
101          (ii) the expenditures during the previous calendar year of qualified donations received
102     by the occupational health and safety center.
103          Section 2. Section 53B-1-301 is amended to read:
104          53B-1-301. Reports to and actions of the Higher Education Appropriations
105     Subcommittee.
106          (1) In accordance with applicable provisions and Section 68-3-14, the following
107     recurring reports are due to the Higher Education Appropriations Subcommittee:
108          (a) the reports described in Sections 34A-2-202.5, [53B-17-804] 53B-30-206, and
109     59-9-102.5 by the Rocky Mountain Center for Occupational and Environmental Health;
110          (b) the report described in Section 53B-7-101 by the board on recommended
111     appropriations for higher education institutions, including the report described in Section
112     53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
113          (c) the report described in Section 53B-7-704 by the Department of Workforce
114     Services and the Governor's Office of Economic Development on targeted jobs;
115          (d) the reports described in Section 53B-7-705 by the board on performance;
116          (e) the report described in Section 53B-8-201 by the board on the Regents' Scholarship
117     Program;
118          (f) the report described in Section 53B-8-303 by the board regarding Access Utah
119     promise scholarships;
120          (g) the report described in Section 53B-8d-104 by the Division of Child and Family
121     Services on tuition waivers for wards of the state;
122          (h) the report described in Section 53B-12-107 by the Utah Higher Education
123     Assistance Authority;
124          (i) the report described in Section 53B-13a-104 by the board on the Success Stipend
125     Program;
126          (j) the report described in Section 53B-17-201 by the University of Utah regarding the
127     Miners' Hospital for Disabled Miners;
128          (k) the report described in Section 53B-26-103 by the Governor's Office of Economic
129     Development on high demand technical jobs projected to support economic growth;
130          (l) the report described in Section 53B-26-202 by the Medical Education Council on
131     projected demand for nursing professionals; and
132          (m) the report described in Section 53E-10-308 by the State Board of Education and
133     board on student participation in the concurrent enrollment program.
134          (2) In accordance with applicable provisions and Section 68-3-14, the following
135     occasional reports are due to the Higher Education Appropriations Subcommittee:
136          (a) upon request, the information described in Section 53B-8a-111 submitted by the
137     Utah Educational Savings Plan;
138          (b) as described in Section 53B-26-103, a proposal by an eligible partnership related to
139     workforce needs for technical jobs projected to support economic growth;
140          (c) a proposal described in Section 53B-26-202 by an eligible program to respond to
141     projected demand for nursing professionals;
142          (d) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
143     on the fire and rescue training program described in Section 53B-29-202; and
144          (e) the reports described in Section 63C-19-202 by the Higher Education Strategic
145     Planning Commission on the commission's progress.
146          (3) In accordance with applicable provisions, the Higher Education Appropriations
147     Subcommittee shall complete the following:
148          (a) as required by Section 53B-7-703, the review of performance funding described in
149     Section 53B-7-703;
150          (b) the review described in Section 53B-7-705 of the implementation of performance
151     funding;
152          (c) an appropriation recommendation described in Section 53B-26-103 to fund a
153     proposal responding to workforce needs of a strategic industry cluster;
154          (d) an appropriation recommendation described in Section 53B-26-202 to fund a
155     proposal responding to projected demand for nursing professionals; and
156          (e) review of the report described in Section 63B-10-301 by the University of Utah on
157     the status of a bond and bond payments specified in Section 63B-10-301.
158          Section 3. Section 53B-30-101 is enacted to read:
159     
CHAPTER 30. MULTI-UNIVERSITY PROGRAMS

160     
Part 1. General Provisions

161          53B-30-101. Title.
162          This chapter is known as "Multi-University Programs."
163          Section 4. Section 53B-30-201 is enacted to read:
164     
Part 2. Rocky Mountain Center for Occupational and Environmental Health

165          53B-30-201. Title.
166          This part is known as "Rocky Mountain Center for Occupational and Environmental
167     Health."
168          Section 5. Section 53B-30-202, which is renumbered from Section 53B-17-801 is
169     renumbered and amended to read:
170          [53B-17-801].      53B-30-202. Definitions.
171          [(1) This part is known as "Rocky Mountain Center for Occupational and
172     Environmental Health."]
173          [(2)] As used in this part:
174          [(a)] (1) "Affected populations" include:
175          [(i)] (a) employees;
176          [(ii)] (b) employers;
177          [(iii)] (c) insurers;
178          [(iv)] (d) professionals or professional organizations related to occupational and
179     environmental health;
180          [(v)] (e) government agencies; and
181          [(vi)] (f) outside academic institutions.
182          [(b)] (2) "Board" means the Rocky Mountain Center for Occupational and
183     Environmental Health Advisory Board created in Section [53B-17-803] 53B-30-204.
184          [(c)] (3) "Center" means the Rocky Mountain Center for Occupational and
185     Environmental Health established in Section 53B-30-203.
186          [(d)] (4) "Director" means the director of the center.
187          [(e) "University" means the University of Utah.]
188          Section 6. Section 53B-30-203, which is renumbered from Section 53B-17-802 is
189     renumbered and amended to read:
190          [53B-17-802].      53B-30-203. Rocky Mountain Center for Occupational and
191     Environmental Health.
192          (1) There is established at the University of Utah and Weber State University the
193     Rocky Mountain Center for Occupational and Environmental Health, to be [an occupational
194     health and safety] a center for occupational health, safety, and environment education and
195     research.
196          (2) [The university] The University of Utah and Weber State University shall:
197          (a) jointly operate the center in a manner so that the center is:
198          [(a)] (i) eligible to be designated as an education and research center by the National
199     Institute for Occupational Safety and Health in the United States Department of Health and
200     Human Services; and
201          [(b)] (ii) a resource for affected populations to:
202          [(i)] (A) improve workplace health [and], safety[; and (ii)], and environment; and
203          (B) contribute to economic growth and development in Utah and the surrounding
204     region[.]; and
205          (b) each appoint a co-principal investigator upon application for the designation
206     described in Subsection (2)(a)(i).
207          (3) The University of Utah senior vice president for health sciences and the Weber
208     State University provost and vice president of academic affairs shall jointly develop an annual
209     budget for the center that considers funding from all available sources.
210          Section 7. Section 53B-30-204, which is renumbered from Section 53B-17-803 is
211     renumbered and amended to read:
212          [53B-17-803].      53B-30-204. Advisory board.
213          (1) [The university] In consultation with the director appointed under Section
214     53B-30-205, the president of the University of Utah and the president of Weber State
215     University, or the presidents' designees, shall create an advisory board known as the "Rocky
216     Mountain Center for Occupational and Environmental Health Advisory Board" to:
217          (a) promote occupational health and safety in Utah and the surrounding region;
218          (b) promote the development of undergraduate training in occupational health and
219     safety;
220          (c) engage other higher education institutions in the state to participate in improving
221     occupational health and safety education and programs for undergraduate students and other
222     affected populations, including the industrial hygiene program offered at Utah State University;
223          [(b)] (d) promote the interests and mission of the center by advising the director on
224     issues including:
225          (i) operation of the center as a multidisciplinary, state-of-the-art program at the
226     university;
227          (ii) developing and maintaining state and institutional support;
228          (iii) emerging local or regional, occupational health and safety education and research
229     needs;
230          (iv) continuing education and outreach to local and regional occupational health and
231     safety professionals;
232          (v) coordinating with other local or regional entities that promote occupational health
233     and safety in a manner that meets the needs of both employers and employees; and
234          (vi) grant requirements and renewal;
235          [(c)] (e) advise the director on the expenditure by the center of public and private funds
236     including:
237          (i) funds appropriated by the Legislature;
238          (ii) donations; [and]
239          [(iii) federal or other grants; and]
240          (iii) the proportionate amount of administrative funds available to each university upon
241     the center's designation as described in Subsection 53B-30-203(2)(a)(i), consistent with federal
242     guidelines; and
243          (iv) the proportionate amount of funds available to each university for the center from
244     public and private grants and contracts; and
245          [(d)] (f) develop recommendations for the long-term operation of the center consistent
246     with Section [53B-17-802] 53B-30-203.
247          (2) (a) The board shall consist of no fewer than 15 and no more than 18 [persons]
248     individuals who represent the affected populations.
249          (b) [The university] In consultation with the director appointed under Section
250     53B-30-205, the president of the University of Utah and the president of Weber State
251     University, or the presidents' designees, shall establish reasonable bylaws for the operation of
252     the board including:
253          (i) the selection of board members;
254          (ii) quorum requirements; and
255          (iii) voting requirements.
256          (3) The board shall elect a board chair and vice chair from among the board members
257     by a vote of the members.
258          (4) (a) The board shall have an executive committee consisting of:
259          (i) the board chair;
260          (ii) the board vice chair; and
261          (iii) three other board members, selected by the board chair in consultation with the
262     director.
263          (b) The executive committee shall meet at least quarterly to advise the center and to
264     plan for board meetings.
265          (5) The board chair, in consultation with the director, shall call board meetings at least
266     two times each calendar year.
267          (6) The board and the executive committee are subject to Title 52, Chapter 4, Open and
268     Public Meetings Act.
269          (7) A board member may not receive compensation or benefits for the member's
270     service, but may receive per diem and travel expenses in accordance with:
271          (a) Section 63A-3-106;
272          (b) Section 63A-3-107; and
273          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
274     63A-3-107.
275          Section 8. Section 53B-30-205, which is renumbered from Section 53B-17-805 is
276     renumbered and amended to read:
277          [53B-17-805].      53B-30-205. Appointment and removal of director.
278          (1) [Subject to the advice and consent of the senior vice president for health sciences
279     and after consultation with the individuals listed in Subsection (2), one of the following
280     specified by the senior vice president for health sciences] Subject to Subsection (2), the
281     University of Utah senior vice president for health sciences and the Weber State University
282     provost and vice president of academic affairs shall jointly appoint and may jointly remove the
283     director[: (a) the chair of the department within the university where the center resides; or (b)
284     a designee of the senior vice president for health sciences].
285          (2) The appointment or removal of the director under Subsection (1) may be made only
286     after consultation with:
287          [(a) the senior vice president for academic affairs or the dean of the graduate school;]
288          [(b) the dean of the school of medicine or the dean's designee;]
289          (a) the president of the University of Utah or the president's designee;
290          (b) the president of Weber State University or the president's designee;
291          (c) the dean of the University of Utah college of engineering or the dean's designee;
292     and
293          (d) the board through the board chair.
294          Section 9. Section 53B-30-206, which is renumbered from Section 53B-17-804 is
295     renumbered and amended to read:
296          [53B-17-804].      53B-30-206. Reporting requirements.
297          (1) (a) The board, through the director and the board chair, shall provide by no later
298     than July 1 of each year, a written report to the president of the [university] University of Utah,
299     the president of Weber State University, and the Education Interim Committee.
300          (b) The report required [by] under this Subsection (1) shall:
301          (i) summarize the center's activities and accomplishments in the immediate proceeding
302     calendar year; and
303          (ii) provide information and the board's advice and recommendations on how the state,
304     university, and the center can:
305          (A) improve workplace health and safety; and
306          (B) contribute to economic growth and development in Utah and the surrounding
307     region.
308          (2) (a) If the center receives in a fiscal year money from the Eddie P. Mayne
309     Workplace Safety and Occupational Health Funding Program provided for in Section
310     34A-2-701, the center shall provide a written report:
311          (i) in conjunction with the reports described in Sections 34A-2-202.5 and 59-9-102.5;
312          (ii) that accounts for the expenditure of money received in the fiscal year by the center
313     from the Eddie P. Mayne Workplace Safety and Occupational Health Funding Program
314     including impact on workplace safety in Utah; and
315          (iii) that includes a preliminary statement as to money the center will request from the
316     Eddie P. Mayne Workplace Safety and Occupational Health Funding Program for the fiscal
317     year following the day on which the report is provided.
318          (b) A report provided under this Subsection (2) meets the reporting requirements under
319     Subsection 34A-2-701(5)(b)(i)(B).
320          Section 10. Section 59-9-102.5 is amended to read:
321          59-9-102.5. Offset for occupational health and safety related donations.
322          (1) As used in this section:
323          (a) "Occupational health and safety center" means the Rocky Mountain Center for
324     Occupational and Environmental Health created in [Title 53B, Chapter 17, Part 8] Title 53B,
325     Chapter 30, Part 2, Rocky Mountain Center for Occupational and Environmental Health.
326          (b) "Qualified donation" means a donation that is:
327          (i) cash;
328          (ii) given directly to an occupational health and safety center; and
329          (iii) given exclusively for the purpose of:
330          (A) supporting graduate level education and training in fields of:
331          (I) safety and ergonomics;
332          (II) industrial hygiene;
333          (III) occupational health nursing; [and]
334          (IV) occupational injury prevention; and
335          [(IV)] (V) occupational medicine;
336          (B) providing continuing education programs for employers designed to promote
337     workplace safety; and
338          (C) paying reasonable administrative, personnel, equipment, and overhead costs of the
339     occupational health and safety center.
340          (c) "Workers' compensation insurer" means an admitted insurer writing workers'
341     compensation insurance in this state that is required to pay the premium assessment imposed
342     under Subsection 59-9-101(2).
343          (2) (a) A workers' compensation insurer may offset against the premium assessment
344     imposed under Subsection 59-9-101(2) an amount equal to the lesser of:
345          (i) the total of qualified donations made by the workers' compensation insurer in the
346     calendar year for which the premium assessment is calculated; and
347          (ii) [.10%] .20% of the workers' compensation insurer's total workers' compensation
348     premium income as defined in Subsection 59-9-101(2)(b) in the calendar year for which the
349     premium assessment is calculated.
350          (b) The offset provided under this Subsection (2) shall be allocated in proportion to the
351     percentages provided in Subsection 59-9-101(2)(c).
352          (3) An occupational health and safety center shall:
353          (a) provide a workers' compensation insurer a receipt for any qualified donation made
354     by the workers' compensation insurer to the occupational health and safety center;
355          (b) expend money received by a qualified donation:
356          (i) for the purposes described in Subsection (1)(b)(iii); and
357          (ii) in a manner that can be audited to ensure that the money is expended for the
358     purposes described in Subsection (1)(b)(iii); and
359          (c) in conjunction with the report required by Section 34A-2-202.5, report to the Office
360     of the Legislative Fiscal Analyst for review by the Higher Education Appropriations
361     Subcommittee by no later than August 15 of each year:
362          (i) the qualified donations received by the occupational health and safety center in the
363     previous calendar year; and
364          (ii) the expenditures during the previous calendar year of qualified donations received
365     by the occupational health and safety center.
366          Section 11. Retrospective operation.
367          The following sections have retrospective operation for a taxable year beginning on or
368     after January 1, 2021:
369          (1) Section 34A-2-202.5; and
370          (2) Section 59-9-102.5.