This bill failed to have a final vote in the Senate, however, the Ultra Low NOx water heater rule changes in this bill was put into HB 313 and was passed on the final day of the session.
This bill was substituted to the 2nd sub on the House floor, which narrowed it down to just changing the makeup of the Air Quality Board from the original and 1st sub versions, but corrected the Ultra Low NOx water heater rule revision to include both the Ozone non-attainment and PM2.5 non-attainment areas of the state. Though we wish the ULN Water Heater Rule would remain statewide to avoid sourcing low nox water heaters into the non-attainment areas, we are grateful this 2nd substitute includes the PM2.5 non-attainment areas.
This bill was substituted in House Natural Resources. The 1st sub removed the troubling rulemaking changes, which is good. However, there are some troubling issues that remain. First, this substitue makes changes to the important Ultra Low NOx water heater rule we have discussed too many times over the past two years. Instead of the rule applying statewide, which was designed this way as a result of input from the stakeholder process when the rule was developed in 2015. It was the distributors and the suppliers that requested the rule be statewide. The substitute seeks to only include the water heater regulation in the Ozone non-attainment areas, but leaves out the PM2.5 non-attainment areas, which is crucial to several locations in Utah. The sponsor indicated he was willing to work with the Division of Air Quality and hopefully change this. Secondly, there is some troubling language in here that appears to allow data centers to avoid a "new source" designation in the permitting process. We need more information on this critical piece of the bill.
Original version:
This bill makes drastic changes to the Air Quality Board. All current board members terms will expire effective 7/1/2025. Changes to members are as follows:
- One member, expert in air quality, licensed professional engineer or scientist with relevant training (removes the "not connected with industry" requirement)
- Two government represenatives, 1 from first or second class counties, 1 from third, fourth, fifth or sixth class counties (the county requirements are new)
- One representative from mining
- One representative from fuels
- One representative from manufacturing
- One representative who represents a non-industry NGO (removes the environmental NGO requirement)
- One representative who is trained and experienced in public health or a Utah-licensed physician
This bill also alters the authority of the policy boards within the Department of Environmental Quality:
- Air Quality Board
- Drinking Water Board
- Water Quality Board
- Waste Management and Radiation Control Board
Under this bill, before any of the policy boards listed above files a significant environmental quality rule, the rule must be submitted to a "reviewing committee" either the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee, or the Natural Resouces, Agriculture, and Environment Interim Committee, for final approval. After the "reviewing committee" reviews the proposed rule, the "reviewing committee" may recommend that the rule either take effect, be modified and take effect, or not take effect. If the review is conducted during the interim, the governor must call a special session of the Legislature to review and approve or reject the rule.
Sponsors
- Rep. Snider, Casey
Position
OPPOSE
Status - Not Considered
2/20 To House Natural Resources
2/24 House Natural Resouces. Substituted. Passed. Favorable Recommendation 11-1-2
2/27 House 3rd Reading. Substituted. Passed 56-13-6
2/28 To Senate Natural Resources
3/4 Senate Natural Resources. Passed. Favorable Recommendation 5-1-1
3/8 Filed for Bills Not Passed
Scheduled Hearings
Past Hearings
2/24 House Natural Resources
3/4 Senate Natural Resources
Floor Debates