Veto Request - SB 234 Rulemaking Amendments

 

The Honorable Spencer J. Cox

Governor of Utah

Utah State Capitol, Suite 200

350 N State Street

Salt Lake City, Utah 84114

Re: Request for Veto – S.B. 234, Rulemaking Amendments

March 6, 2026

Dear Governor Cox:

On behalf of the Breathe Utah Board of Directors, I respectfully request that you veto S.B. 234, Rulemaking Amendments. Breathe Utah is a nonprofit organization dedicated to improving Utah’s air quality through collaboration, education, and practical policy solutions. Our board includes environmental health scientists, academics, public health professionals, legal and policy experts, and our work is grounded in a pragmatic, solutions-oriented approach that has earned the trust of stakeholders across the political spectrum. Because of that experience working with regulators, lawmakers, and industry leaders alike, we are concerned that S.B. 234 would undermine the collaborative and flexible approach that has helped Utah make meaningful progress on air quality while maintaining a strong economy.

For decades, Utah has taken pride in what many stakeholders refer to as the “Utah Way” of regualtion, a collaborative approach to environmental policy where regulators, industry, local governments, and public health advocates work together to craft solutions that fit Utah’s unique geography, economy, and air quality challenges. This model has produced real results. Our state has successfully reduced emissions while maintaining strong economic growth, a record that demonstrates that clean air and economic development can move forward together.

S.B. 234 undermines that successful model.

By restricting Utah’s ability to adopt state-specific rules that may be more protective than federal baselines, the bill limits the flexibility that has allowed Utah regulators and regulated industries to design practical, cost-effective solutions tailored to our unique conditions. Many Utah industries support this flexible framework precisely because it allows them to innovate and achieve emissions reductions without being forced into rigid, one-size-fits-all federal requirements that may not reflect local conditions.

This flexibility has allowed Utah to implement policies that produce real emissions reductions rather than simply checking regulatory boxes.

At the same time, the federal regulatory landscape is becoming increasingly uncertain. Recent and anticipated federal rollbacks of environmental protections, particularly those affecting air quality and methane emissions, could slow national progress on pollution reduction. If Utah restricts its own ability to respond through thoughtful, locally designed rules, our state risks losing one of the most effective tools we have to protect public health.

This concern is particularly important for several ongoing air quality challenges in Utah:

  • Wasatch Front ozone, which continues to threaten compliance with federal standards and affects millions of residents during summer months.
  • Uinta Basin ozone, where winter ozone episodes present unique challenges requiring locally tailored strategies.
  • Fugitive methane emissions, which impact both climate and local air quality and are an area where Utah has historically taken pragmatic, collaborative action with industry.

In each of these areas, Utah’s progress has been driven by flexible, state-led rulemaking developed with input from industry and stakeholders. Removing that flexibility risks slowing progress at a time when continued improvement is essential.

Utah’s population and economy are growing rapidly. With that growth comes increasing pressure on our air quality. The goal should not be to wait until pollution reaches crisis levels or until public health impacts become unavoidable before acting. Instead, Utah has historically taken a proactive, collaborative approach, one that protects both economic prosperity and the health of our communities.

S.B. 234 moves Utah in the opposite direction by limiting our ability to address emerging air quality challenges before they become serious problems.

Utah has shown that when regulators, industry, and advocates work together under a flexible framework, we can produce policies that are effective, economically sound, and broadly supported. Preserving that model is essential to maintaining both Utah’s economic strength and the health of our residents.

For these reasons, Breathe Utah respectfully urges you to veto S.B. 234 and preserve the state’s ability to pursue the collaborative, solutions-oriented approach that has long defined the Utah Way.

Thank you for your continued leadership on issues affecting Utah’s environment, economy, and quality of life.

Respectfully,

Ashley Miller

Executive Director, Breathe Utah

On behalf of the Breathe Utah Board of Directors