02-27 15:51 2nd Sub. (Gray) H.B. 499
Casey Snider proposes the following substitute bill:
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Department of Environmental Quality Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: Keven J. Stratton
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LONG TITLE
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General Description:
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This bill addresses the Department of Environmental Quality.
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Highlighted Provisions:
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This bill:
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▸ modifies the qualifications of Air Quality Board members;
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▸ provides a transition for the Air Quality Board;
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▸ removes regulations for water heaters in certain areas; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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19-2-103, as last amended by Laws of Utah 2024, Chapter 529
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19-2-107.7, as enacted by Laws of Utah 2016, Chapter 247
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 19-2-103 is amended to read:
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19-2-103 . Members of board -- Appointment -- Terms -- Organization -- Per
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diem and expenses.
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(1) The board consists of the following nine members:
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(a) the following non-voting member, except that the member may vote to break a tie
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vote between the voting members:
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(i) the executive director; or
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(ii) an employee of the department designated by the executive director; and
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(b) the following eight voting members, who shall be appointed or reappointed by the
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governor with the advice and consent of the Senate in accordance with Title 63G,
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Chapter 24, Part 2, Vacancies:
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(i) one representative who:
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[(A) is not connected with industry;]
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[(B)] (A) is an expert in air quality matters; and
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[(C)] (B) is [a Utah-licensed physician, ]a Utah-licensed professional engineer[,] or
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a scientist with relevant training and experience;
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(ii) two government representatives who do not represent the federal government[;] :
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(A) one of whom resides in a county of the first or second class; and
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(B) one of whom resides in a county of the third, fourth, fifth, or sixth class;
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(iii) one representative from the mining industry;
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(iv) one representative from the fuels industry;
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(v) one representative from the manufacturing industry;
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(vi) one representative from the public who[ represents]:
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(A) represents a nongovernmental organization; and
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(B) does not represent industry interests; and
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[(A) an environmental nongovernmental organization; or]
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[(B) a nongovernmental organization that represents community interests and does
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not represent industry interests; and]
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(vii) one representative [from the public ]who is:
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(A) [ ]trained and experienced in public health[.] ; or
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(B) a Utah-licensed physician.
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(2) A member of the board shall:
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(a) be knowledgeable about air pollution matters, as evidenced by a professional degree,
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a professional accreditation, or documented experience;
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(b) be a resident of Utah;
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(c) attend board meetings in accordance with the attendance rules made by the
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department under Subsection 19-1-201(1)(d)(i)(A); and
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(d) comply with [all] the applicable statutes, rules, and policies, including the conflict of
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interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest,
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and the conflict of interest rules made by the department under Subsection 19-1-201
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(1)(d)(i)(B).
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(3) No more than five of the appointed members of the board shall belong to the same
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political party.
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(4) A majority of the members of the board may not derive any significant portion of their
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income from persons subject to permits or orders under this chapter.
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(5)(a) [Members shall be appointed ] The governor shall appoint a member for a term of
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four years.
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(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
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time of appointment or reappointment, adjust the length of terms to ensure that the
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terms of board members are staggered so that half of the appointed board is
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appointed every two years.
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(c) The terms of the members of the board who are members of the board on May 7,
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2025, and who do not meet the criteria described in Subsections (1)(b)(i), (ii), (vi),
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and (vii), expire June 30, 2025. Subject to Title 63G, Chapter 24, Part 2, Vacancies,
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the governor shall appoint members in accordance with Subsection (1)(b) effective
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July 1, 2025, and stagger the terms of the members in accordance with Subsection
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(5)(b).
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(6) A member may serve more than one term.
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(7) A member shall hold office until the expiration of the member's term and until the
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member's successor is appointed, but not more than 90 days after the expiration of the
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member's term.
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(8) When a vacancy occurs in the membership for any reason, the governor shall, with the
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advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
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Vacancies, appoint a replacement for the unexpired term.
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(9) The board shall elect annually a chair and a vice chair from [its] the board's members.
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(10)(a) The board shall meet at least quarterly.
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(b) [Special ] The chair may call special meetings [may be called by the chair ]upon the
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chair's own initiative, upon the request of the director, or upon the request of three
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members of the board.
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(c) Three days' notice shall be given to each member of the board before a meeting.
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(11) Five members constitute a quorum at a meeting, and the action of a majority of
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members present is the action of the board.
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(12) A member may not receive compensation or benefits for the member's service, but
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may receive per diem and travel expenses in accordance with:
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(a) Section 63A-3-106;
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(b) Section 63A-3-107; and
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(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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63A-3-107.
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Section 2. Section 19-2-107.7 is amended to read:
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19-2-107.7 . Water heater regulations.
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(1) As used in this section:
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(a) "Natural gas-fired water heater" means a device that heats water by the combustion
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of natural gas to a thermostatically-controlled temperature not exceeding 210 degrees
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Fahrenheit for use external to the vessel at pressures not exceeding 160 pounds per
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square inch gauge.
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(b) "Ozone nonattainment area" means an area that does not meet the primary or
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secondary air quality standards for ozone under the national ambient air quality
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standards described in 42 U.S.C. Sec. 7407(d).
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(c) "PM2.5 nonattainment area" means an area that does not meet the primary or
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secondary air quality standards for fine particulate matter, PM2.5, under the national
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ambient air quality standards described in 42 U.S.C. Sec. 7407(d).
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[(b)] (d) "Recreational vehicle" means a motor home, travel trailer, truck camper, or
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camping trailer, with or without motive power, designed for human habitation for
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recreational, emergency, or other occupancy.
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(2) A person may not sell or purchase a natural gas-fired water heater that is manufactured
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after July 1, 2018 with the intent to install it in Utah if the natural gas-fired water heater
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exceeds the applicable nitrogen oxide emission rate limit set in Title 15A, State
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Construction and Fire Codes Act.
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(3) A manufacturer in Utah shall display the model number and nitrogen oxide emission
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rate of a water heater complying with this section on:
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(a) the shipping carton for the water heater; and
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(b) the permanent rating plate of each water heater unit.
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(4) This section does not apply to a water heater unit that:
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(a) uses a fuel other than natural gas;
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(b) is used in a recreational vehicle; [or]
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(c) is manufactured in Utah for shipment and use outside of Utah[.] ; or
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(d) is intended to be installed in an area of Utah that is not included in an ozone
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nonattainment area or a PM2.5 nonattainment area.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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