Current through the 2024 Fourth Special Session
Section 19-1-207 - Regulatory certainty to support economic recovery(1) On or before June 30, 2021, the Air Quality Board or the Water Quality Board may not make, amend, or repeal a rule related to air or water quality pursuant to this title, if formal rulemaking was not initiated on or before July 1, 2020, unless the rule constitutes:(a) a state rule related to a federally-delegated program;(b) a rule mandated by statute to be made, amended, or repealed on or before July 1, 2020; or(c) subject to Subsection (2), a rule that is necessary because failure to make, amend, or repeal the rule will: (i) cause an imminent peril to the public health, safety, or welfare;(ii) cause an imminent budget reduction because of budget restraints or federal requirements;(iii) place the agency in violation of federal or state law; or(iv) fail to provide regulatory relief.(2) In addition to complying with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall report to the Rules Review and General Oversight Committee as to whether the need to act meets the requirements of Subsection (1)(c).(3) On or after August 31, 2020, but on or before June 30, 2021, the Air Quality Board, Division of Air Quality, Water Quality Board, or Division of Water Quality may not impose a new fee or increase a fee related to air or water quality pursuant to this title or rules made under this title.(4) Only the Legislature may extend the time limitations of this section.(5) Notwithstanding the other provisions of this section, this section does not apply to a rule, fee, or fee increase to the extent that the rule, fee, or fee increase applies to an activity in a county of the first or second class.(6) Notwithstanding the other provisions of this section, the agencies may engage with stakeholders in the process of discussing, developing, and drafting a rule, fee, or fee increase on or after July 1, 2020, but on or before June 30, 2021.Amended by Chapter 178, 2024 General Session ,§ 3, eff. 5/1/2024.Amended by Chapter 443, 2022 General Session ,§ 2, eff. 5/4/2022.Added by Chapter 14, 2020SP6 General Session ,§ 1, eff. 8/31/2020.