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:
Terms Used In Utah Code 19-1-207- Oversight: Committee review of the activities of a Federal agency or program.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
- Statute: A law passed by a legislature.
| (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a rule mandated by statute to be made, amended, or repealed on or before July 1, 2020; or |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. |
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| (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 443, 2022 General Session
