| (1) |
As used in this section:
Terms Used In Utah Code 19-2a-102.5- Contract: A legal written agreement that becomes binding when signed.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
“Disproportionate air quality affected area” means a non-attainment area, as defined in Clean Air Act, Section 107(d)(1)(A)(i), 42 U.S.C. § 7407(d)(1)(A)(i), or a geographic area that, when compared with other areas in the state, is more likely to be found to not meet air quality standards. |
| (b) |
“Inland port” means a project area as that term is defined in Section 11-58-102. |
| (c) |
“Inland port area” means an area in and around an inland port that bears the environmental impacts of destruction, construction, development, and operational activities within the inland port. |
| (d) |
“Legislative interim committees” means:
| (i) |
the Economic Development and Workforce Services Interim Committee; |
| (ii) |
the Natural Resources, Agriculture, and Environment Interim Committee; and |
| (iii) |
the Transportation Interim Committee. |
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| (e) |
| (i) |
“Underserved or underrepresented community” means a group of people, including a municipality, county, or American Indian tribe, that is economically disadvantaged. |
| (ii) |
“Underserved or underrepresented community” may include an economically disadvantaged community where the people of the community have limited access to or have demonstrated a low level of use of emission reduction programs. |
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| (2) |
The department shall conduct a study in accordance with Subsection (3) and recommend to the legislative interim committees a Utah diesel emission reduction program in accordance with Subsection (4). |
| (3) |
The department shall study:
| (a) |
the Texas Emission Reduction Plan, Tex. Health & Safety Code Ann., C 386, and other examples of diesel emission reduction programs; |
| (b) |
potential diesel emission reduction goals from targeted diesel emission sources that apply to specific:
| (i) |
on- and off-road diesel vehicles and equipment; and |
| (ii) |
geographic airsheds; |
|
| (c) |
potential diesel emission reduction financial incentive programs; |
| (d) |
potential revenue sources to fund incentive programs described in Subsection (3)(c); |
| (e) |
administrative, evaluation, and reporting responsibilities; and |
| (f) |
potential environmental mitigation projects that could reduce emissions within and around the inland port area and be implemented by the Utah Inland Port Authority. |
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| (4) |
| (a) |
The department shall recommend to the legislative interim committees a framework of the Utah diesel emission reduction program that includes:
| (i) |
diesel emission reduction goals; |
| (ii) |
financial incentive programs to encourage the reduction of diesel emissions; |
| (iii) |
revenue sources to fund the financial incentive programs described in Subsection (4)(a)(ii); and |
| (iv) |
implementation of the Utah diesel emission reduction program, including:
| (A) |
which one or more state agencies should administer the Utah diesel emission reduction program; |
| (B) |
evaluation processes; and |
| (C) |
reporting requirements. |
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| (b) |
The framework described in this Subsection (4) shall specifically include recommendations for:
| (i) |
registration surcharges:
| (A) |
related to on- or off-road diesel equipment or vehicles sold, rented, or leased; and |
| (B) |
that are deposited into and allowed to accumulate in an expendable special revenue fund for purposes related to the Utah diesel emission reduction program; |
|
| (ii) |
potential environmental mitigation projects for the inland port area identified under Subsection (3)(f); |
| (iii) |
programs to foster new technology implementation, including:
| (B) |
the expansion of Utah’s clean diesel program; or |
| (C) |
tax credits for cleaner equipment purchases; |
|
| (iv) |
financial incentives for the early retirement of heavy-duty diesel equipment and the potential expansion of 2; and |
| (v) |
state construction contract incentives that are awarded to persons who predominately use equipment that has the most current generation federal emissions standard engines, clean alternative fuel engines, or electric motors. |
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| (c) |
The framework described in this Subsection (4) shall provide for programs that directly benefit:
| (iii) |
underserved or underrepresented communities; and |
| (iv) |
disproportionate air quality affected areas. |
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| (5) |
| (a) |
The department shall make an interim report to the legislative interim committees on the status of the study under this section during or before the November interim meetings in 2022. |
| (b) |
The department shall provide a final report to the legislative interim committees of the department’s study and recommendations under this section, including any recommended legislation, during or before the November interim meetings in 2023. |
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Enacted by Chapter 95, 2022 General Session
