Utah Legislature 2020 Environmental Bill Tracker

Utah Legislature The Department of Environmental Quality tracks environmental legislation before the 2020 Utah State Legislature as a service to the public. Bills and substitutions/modifications are updated daily.

H.B. 5 Natural Resources, Agriculture, and Environmental Quality Base Budget

Allocates appropriations for the Department of Environmental Quality for the fiscal year beginning July 1, 2020, and ending June 30, 2021. The legislation includes specific appropriations that shall not lapse at the end of FY 2020.

H.B. 10 Boards and Commissions Amendments

This bill repeals, places sunset provisions on, and amends provisions related to certain boards and commissions.

H.B. 26 Jordan River Recreation Area Funding Management

Clarifies that the Division of Forestry, Fire, and State Lands manages the money appropriated to programs related to the Jordan River Recreation Area and provides that the money appropriated to programs related to the Jordan River Recreation Area are non-lapsing.

H.B. 27 Waste Tire Recycling Act Amendments

Reduces the number of waste tires from 1,000 to 200 at one location to qualify as a waste tire pile. Increases the number of whole waste tires a person may transfer at one time to a landfill or any other location in the state authorized by the Director to receive waste tires. Addresses the storage of whole waste tires and extends the relevant sunset date.

H.B. 28 Legislative Water Development Commission Sunset Amendments

Extends the sunset date of the Legislative Water Development Committee. Repeals references to river districts and a 2016 report. Adds agricultural water needs to the water needs of the state. The commission makes rules subject to the Bear River Development Act and Lake Powell Pipeline Development Act in preparation to make loans to develop the state’s undeveloped share of the Bear and Colorado Rivers.

H.B. 29 Building Code Amendments

This bill: amends provisions related to construction plans for a town, city, and county; permits certain structures to be exempt from the requirements of the State Construction Code; adopts and amends the residential provisions of the 2018 edition of the International Swimming Pool and Spa Code; under certain conditions, exempts airport hangars from having a fire-resistance exterior wall rating of not less than two hours; deletes a provision for an emergency elevator communication system; amends provisions in the International Residential Code; amends citations in amendments to the International Plumbing Code; amends a citation in an amendment to the International Mechanical Code; amends provisions in the International Existing Building Code; and makes technical and conforming changes.

H.B. 39 Agricultural Water Optimization Task Force

Expands the membership of the task force to include three individuals whose primary source of income comes from the production of agricultural commodities.

H.B. 40 Water Loss Accounting Act

This bill addresses sunset provisions; enacts the Water Loss Accounting Act, including: defining terms; granting rulemaking authority; providing for a technical advisory committee; requiring water loss accounting reports; and providing for technical assistance; and makes technical amendments.

H.B. 41 State Water Policy Amendments

Outlines the water policies of the state, including the promotion of water conservation, efficiency, and the optimal use of water resources; water resource development and the creation of new water infrastructure necessary to meet the state’s growing demand and promote economic development; compliance with state statutes regarding Lake Powell pipeline development and Bear River development; the timely replacement of aging or inefficient water resource, drinking water, wastewater, and stormwater infrastructure; and water quality in rivers and lakes that complies with state clean water and safe drinking water statutes and protects public health.

H.B. 59 Tax Credit for Alternative Fuel Heavy-Duty Vehicles

Extends the availability of the income tax credit related to certain alternative fuel heavy-duty vehicles. The tax credit is reduced incrementally from 2020 to 2029.

H.B. 62 Enterprise Zone Tax Credit Amendments

Authorizes enterprise zone tax credits for the creation of certain full-time jobs in a business that produces, processes, distributes, or dispenses hydrogen fuel and certain investments in plant, equipment, and other depreciable property used to produce, process, distribute, or dispense hydrogen fuel.

H.B. 66 Wildland Fire Planning and Cost Recovery Amendments

Grants the Public Service Commission rulemaking authority to enact rules establishing procedures for the review and approval of a wildland fire protection plan.

H.B. 88 School and Child Care Center Water Testing

Requires testing drinking water for lead at schools and child care centers. Requires action if lead test results are above a certain level. Requires schools and childcare centers to keep records of testing results for at least five years and make them available to the public free of charge.

H.B. 92 Fire Amendments

Requires that certain fires be exempted from certain regulations. Prohibits a governmental agency from prohibiting fires being started when the U.S. National Weather Service clearing index for the area where the fire is to occur is above a certain level.

H.B. 96 Water Forfeiture Amendments

This bill: modifies exemption related to a lease; modifies exemption for a water right in a surface reservoir if storage is limited by safety, regulatory, or engineering restraints; addresses the requirement that a public water supplier meets the reasonable future water requirement; requires rulemaking by the state engineer; and makes technical changes.

H.B. 105 Water Facilities Amendments

Outlines prohibited acts related to water facilities that are used for the diversion, transportation, distribution, measurement, collection, or storage of stormwater, wastewater, or sewage.

H.B. 129 Natural Gas Amendments

Amends the definition of rural gas infrastructure to include the acquisition, extension, or expansion of natural gas utility facilities to serve previously underserved rural areas of the state.

H.B. 130 Water Use Amendments

This bill: addresses fees; modifies definition provisions; addresses references to changes; addresses the state engineer’s actions related to split season or other potentially complicated changes; amends the exemption related to proof of appropriation or change; addresses change application for instream flow; and makes technical and conforming amendments.

H.B. 133 Trail Improvements

Allows for the exercise of eminent domain for trails that are regionally significant. Regionally significant trails are defined as trails that cross the boundaries of two or more counties, two or more cities, or a county and municipality.

H.B. 138 Transportation Corridor Preservation Amendments

Modifies provisions applicable to the purchase of Greenbelt property for transportation corridor preservation.

H.B. 154 Taxed Interlocal Entity Amendments

This bill modifies the definition of “project,” for purposes of taxed interlocal entities, to include fuel production facilities and energy storage facilities and to include a project entity’s ownership interest in a Utah interlocal energy hub; defines “Utah interlocal energy hub”; modifies the definition of “taxed interlocal entity”; and provides that a segment is a project entity if the segment’s associated entity is a project entity.

H.B. 156 Water Amendments and Education Entities

This bill provides that an institution of higher education is a public entity; and makes technical and conforming changes.

H.B. 166 Watershed Councils

Enacts the Watershed Council Act to create the Utah Watersheds Council within the Department of Natural Resources. The Council will develop diverse and balanced stakeholder forums for discussion of water policy and resource issues at watershed and state levels that are not vested with regulatory, infrastructure financing, or enforcement powers or responsibilities; and use local expertise and resources found in universities and other research institutions or in regional, state, and federal agencies. the executive director of the Department of Environmental Quality is included as a member of the Council. the Council will facilitate communication and coordination between the Department of Natural Resources, the Department of Agriculture and Food, the Department of Environmental Quality, and other state and federal agencies in the administration and implementation of water-related activities.

H.B. 176 Vehicle Emissions Reduction Program

Creates the Vehicle Emissions Reduction Program Restricted Account and creates the Vehicle Emissions Reduction Program to provide financial assistance in the purchase of a motor vehicle that is model 2003 or older, failed its emissions inspection, is registered or regularly operates in a county that is located in a nonattainment area or is required to have an emissions inspection, among other criteria. Establishes certain criteria by which a person may participate in the program to receive funds to assist them with purchasing eligible replacement vehicles and requires certain local health departments to assist in administering the program. Requires the Air Quality Board to make rules for the administration of the program. Requires the Division of Air Quality under certain circumstances to conduct a public service campaign for the program.

H.B. 179 Recycling Market Development Zone Tax Credit

Modifies the carry-forward provisions of the recycling market development zone income tax credits by allowing a carry-forward for the amount of the credit that the claimant did not use during the taxable year and limiting the carry-forward to the credit allowed for purchases of machinery and equipment.

H.B. 180 Emission Inspection Revisions

Exempts electric motor vehicles from local emissions compliance fees.

H.B. 188 Emergency Management Act

This bill: defines “alerting authority” and “IPAWS”; requires coordination with municipalities and counties to ensure access to the Integrated Public Alert and Warning System; requires training every three years to all emergency service agencies, managers, and others; requires each political subdivision to have an alert plan and to provide a copy of the plan to the Division of Emergency Management; adds to the membership of the Emergency Management Administration Council; and requires an annual report of each political subdivision’s alerting authority.

H.B. 194 Clean and Renewable Energy Requirement Amendments

Requires that a certain percentage of a large-scale electric utility’s annual retail sales come from qualifying clean electricity if compliance is cost-effective. Amends provisions relating to the issuance, expiration, and use of renewable energy certificates. Amends and requires plans and reports concerning a large-scale electric utility’s progress in acquiring qualifying electricity and qualifying clean electricity.

H.B. 233 Natural Resources Legacy Fund Amendments

This bill: enacts the Utah Natural Resources Legacy Fund Act, including: defining terms; addressing application to mineral estates; creating the Utah Natural Resources Legacy Fund; creating the Utah Natural Resources Legacy Fund Board; and outlining the uses of the legacy fund; modifies the Radioactive Waste Facility Tax Act that provides funding to the legacy fund; and makes technical and conforming changes.

H.B. 233 Natural Resources Legacy Funding Amendments

Enacts the Utah Natural Resources Legacy Fund Act. Addresses the Fund’s application to mineral estates. Creates the Utah Natural Resources Legacy Fund and Board. Outlines the uses of the legacy fund, of which 60% of the budget to fund the following projects that provide the following landscape-level conservation benefits: (i) preserving open spaces, wildlife habitat, and critical agricultural lands by purchase or acquisition of development rights or an easement on properties of 500 acres or more; purchasing access or rights of access to provide perpetual public access for hunting, fishing, or trapping; (iii) addressing and mitigating impacts detrimental to wildlife habitat, the environment, and the multiple use of renewable natural resources attributable to residential, mineral, and industrial development; (iv) engaging in land or water acquisitions for purposes described in Subsection (1)(a); (v) promoting, preserving, and enhancing wildlife habitat; or (vi) preserving a viable agricultural industry. Modifies the Radioactive Waste Facility Tax Act that provides funding to the legacy fund from 12% of the gross receipts of a radioactive waste facility derived from the disposal of depleted uranium to $7 per cubic foot.

H.B. 226 Storm Water Permitting Amendments

Prohibits the Division of Water Quality from requiring, issuing, or enforcing a stormwater permit related to construction. Requires the Division to complete a study or collect studies that address what need, if any, Utah has to contain stormwater related to construction and if there is a need to contain stormwater related to construction, the best options in the state to provide for stormwater containment. Once the Division completes the study, it shall report to the Natural Resources, Agriculture, and Environment Interim Committee. After receiving the report, the Natural Resources, Agriculture, and Environment Interim Committee shall recommend to the Legislature the prohibition on stormwater permits be repealed; the prohibition on stormwater permits be continued, either unchanged or with amendments; or another method of addressing stormwater containment be pursued.

H.B. 235 Voluntary Home Energy Information Pilot Program

Creates the Voluntary Home Energy Information Pilot Program to provide reimbursements to fund home energy assessments and the issuance of home energy performance reports to qualified applicants.

H.B. 237 Change to the Effective Date of Water-Related Amendments

Modifies effective date language from H.B. 31, Water Supply and Surplus Water Amendments, passed during the 2019 General Session, to refer to a proposed constitutional amendment that replaces the one referred to in H.B. 31.

H.B. 245 Dogs in Watershed Areas

Addresses the ability to have a dog in a motor vehicle within a watershed area. A political subdivision or state agency may not prohibit an individual from transporting a dog in a watershed area if the dog remains at all times in the passenger compartment of a motor vehicle used to travel in the watershed area.

H.B. 248 Agriculture Revisions

Addresses regulation of fertilizer and soil and amendments, including fertilizers that contain a harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with the directions for use on the label or exceeds levels of metals permitted by the United States Environmental Protection Agency.

H.B. 259 Electric Charging Vehicle Network

Requires the Department of Transportation to lead in the creation of a statewide electric vehicle charging network plan to provide electric vehicle charging facilities along certain state highways.

H.B. 281 Tax Credit For Alternative Vehicles

This bill creates nonrefundable corporate and individual income tax credits for the purchase or lease of certain alternative fuel vehicles; defines terms; creates an application process for the purchaser or lessee to receive a tax credit certificate from the director of the Division of Air Quality; and sets a termination date for the tax credit but requires legislative review before the termination date.

H.B. 297 Yurt Amendments

This bill exempts remote yurts from needing a permit under the State Construction Code unless certain conditions are met; permits onsite food preparation; exempts remote yurts from the State Fire Code; exempts remote yurts from water quality provisions; and makes technical amendments.

H.B. 304 Citizen Feedback Program

This bill allows each executive branch agency to gather feedback from members of the public to assess the quality of service the agency provides and identify areas for improvement; addresses the permissible methods for gathering the public feedback; and provides for annual reporting of any public feedback.

H.C.R. 11 Concurrent Resolution Supporting the Utah Roadmap for Positive Solutions and Leadership on Climate and Air Quality

This concurrent resolution supports the recommendations made in the Utah Roadmap as guiding principles for leadership in seeking and encouraging solutions to improve air quality and reduce emissions.

H.J.R. 3 Proposal to Amend Utah Constitution –Water Resources of Municipalities

Proposes to amend the Utah Constitution to rewrite a provision relating to municipal water rights and sources of water supply, eliminate references to municipal waterworks, and specify the circumstances where they may supply water outside their boundary or water service area.

H.S. 317 NonRoad Engine Study

This bill defines terms; directs the Division of Air Quality to conduct a study into the number and type of nonroad compression-ignition engines in nonattainment areas of Utah; requires the division to report the results of the study; and is repealed on July 1, 2021.

S.B. 19 Land Exchange Distribution Account Amendments

Repeals language related to the allocation of revenue to the Utah Geological Survey for air-quality monitoring in the West Desert.

S.B. 20  Hazardous Substances Mitigation Act Sunset Extension

Extends the repeal date of the Act to July 1, 2030.

S.B. 26 Water Banking Amendments

Enacts the Water Banking Act, including the objectives of a water banking system and how statutory and contract water banks will be established and amended. Water banks will be established, among other purposes, to promote optimal use of the public’s water and facilitate robust and sustainable agricultural production while meeting growing municipal and industrial water demands.

S.B. 29 Drug Disposal Program

Creates a program, administered by the attorney general, for the disposal of prescription and over-the-counter drugs; requires the attorney general to work with law enforcement, pharmacies, and other entities to establish a statewide network of drug disposal repositories or for the distribution of home drug disposal receptacles.

S.B. 50 Clean Energy Act Amendments

Amends the definition of “air quality standards” to mean that a vehicle’s emissions are equal to or cleaner than the standards established in Bin 4 Table S04-1 of 40 C.F.R. 86.1811-04(c)(6). Amends the definition of a “qualifying electric vehicle” to mean that the vehicle meets air quality standards, is not fueled by natural gas, draws propulsion energy from a battery with at least 10-kilowatt hours of capacity, and is an OEM vehicle as described. Amends the definition of “qualifying plug-in hybrid vehicle” to mean a vehicle that meets air quality standards, is not fueled by natural gas or propane, has a battery capacity that meets or exceeds the battery capacity described in Subsection 30D(b)(3), Internal Revenue Code, and is fueled by a combination of electricity and diesel fuel, gasoline, or a mixture of gasoline and ethanol.

S.B. 51 Secondary Water Requirements

Addresses the metering of pressurized secondary water and requires the metering of secondary water under certain circumstances. Defines a secondary water supplier as one that supplies pressurized secondary water to a commercial, industrial, institutional, or residential user. A secondary water supplier shall meter the use of the pressurized secondary water by December 31, 2040. If a secondary water provider acquires a metering device that has the ability to provide flow data, usage data, or both, in real-time, the secondary water provider shall make the data available to the user in an open-source format upon request.

S.B. 52 Agricultural Water Use Amendments

Requires the Division of Water Rights to prepare a report about the agricultural use of water.

S.B. 62 Reauthorization of Administrative Rules

Reauthorizes all state agency administrative rules.

S.B. 75 Legislative Audit Amendments

Permits the legislative auditor general and the audit subcommittee of the Legislative Management Committee to designate certain audit findings and recommendations as critical. Creates procedures and requirements for reporting on critical findings and recommendations and creates procedures for legislative responses and requirements for entities that are subject to a critical finding or recommendation.

S.B. 77 Electric Energy Storage Tax Credit

Enacts a corporate and individual income tax credit for the purchase of an electric energy storage asset.

S.B. 78 Energy Storage Innovation, Research, and Grant Program Act

Creates a program to advance energy storage technology and use. Energy storage includes storage of energy generated by mechanical, chemical, thermal, or photovoltaic means for use at a later time. Grant monies would be allocated for residential and nonresidential projects.

S.B. 82 Unlawful Drug Disposal Amendments

Makes it an infraction to dispose of a drug in a drain, sewage system, the waters of this state, or a landfill. Provides a civil penalty for those violating this provision. Creates the Drug-free Water Quality Restricted Account to educate citizens on the requirements of this bill and the lawful methods of disposing of drugs. This section does not apply to the discharge of water from a wastewater treatment plant.

S.B. 84 Public Entity Water Users Amendments

Requires the development of a plan for metering water used by the public entity water user and requires the entity to adopt a conservation plan, consistent with the conservation plan created under Section 73-10-32, that applies to the efficient water use by a public water user, including appropriate timing for the watering of land. Requires a public entity water user to ensure that water used is metered by no later than January 1, 2021.

S.B. 88 Environmental Quality Revisions

Addresses provisions related to environmental quality. Addresses fees throughout the Environmental Quality Code. Addresses a dedicated credit. Requires that a person that operates a source of air pollution to have a permit under certain circumstances. Provides for authority and duties of the Waste Management and Radiation Control Board. Provides for the powers and duties of the director of the Division of Waste Management and Radiation Control. Amends provisions related to powers of the Drinking Water Board. Amends provisions related to the authority of the director of the Division of Drinking Water. Addresses violations of the Safe Drinking Water Act or rules or orders issued under that act. Addresses source and storage minimum sizing requirements for public water systems. Modifies definitions under the Water Quality Act. Clarifies the powers and duties of the Water Quality Board. Provides for legislative review of total maximum daily load, rules, and standards. Modifies the procedure for the Water Quality Board to make rules. Modifies rules related to a penalty imposed on an agriculture discharge. Allows for discharge permits to be renewed. Addresses limitations on effluent limitations standards. Modifies definitions related to the Solid and Hazardous Waste Act. Addresses the powers of the Waste Management and Radiation Control Board, including rulemaking. Modifies provisions related to the director of the Division of Waste Management and Radiation Control.

S.B. 101 Construction or Demolition Materials

This bill requires the Department of Environmental Quality to develop model ordinances related to diversion rates for construction or demolition materials; and makes technical amendments.

S.B. 112 Inland Port Amendments

This bill requires the Utah Inland Port Authority to study the development and implementation of a fund to mitigate development impacts on adjacent communities; requires the Utah Inland Port Authority to establish standards relating to impacts of development that a person is required to meet to qualify for authority funding for the person’s development project; and modifies the composition of the authority board.

S.B. 122 Housing Loss Mitigation Amendments

This bill addresses the loss of moderate income housing units due to state agency action. This bill defines terms, requires a state agency to mitigate loss of a moderate income housing unit that results from state agency action; and describes options for a state agency to mitigate loss of a moderate income housing unit that results from state agency action.

S.J.R. 2 Joint Resolution Encouraging Action to Reduce the Number of Utah Children with Elevated Blood Lead Levels

Describes the known adverse health effects and concerns of childhood lead exposure and the known benefits of avoidance and interventions resulting from early detection of childhood lead exposure. Encourages Utah health care providers for children, pregnant women, and women of child bearing age to be knowledgeable about the risks of environmental lead exposure and the recommended federal and state guidelines for screening and testing children for lead exposure.