Legislative review and approval.

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  5. Legislative review and approval.

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Affected by 63I-1-219 on 7/1/2029

Effective 5/12/2020
19-5-104.5. Legislative review and approval.
  • (1) Before sending a total maximum daily load and implementation strategy to the EPA for review and approval, the Water Quality Board shall submit the total maximum daily load:
    • (a) for review to the Natural Resources, Agriculture, and Environment Interim Committee if the total maximum daily load will require a public or private expenditure in excess of $10,000,000 but less than $100,000,000 for compliance; or
    • (b) for approval to the Legislature if the total maximum daily load will require a public or private expenditure of $100,000,000 or more.
  • (2)
    • (a) As used in this Subsection (2):
      • (i) "Expenditure" means the act of expending funds:
        • (A) by an individual public facility with a Utah Pollutant Discharge Elimination System permit, or by a group of private agricultural facilities; and
        • (B) through an initial capital investment, or through operational costs over a three-year period.
      • (ii) "Utah Pollutant Discharge Elimination System" means the state permit system created in accordance with 33 U.S.C. Sec. 1342.
    • (b) Before the board adopts a nitrogen or phosphorus rule or standard, the board shall submit the rule or standard as directed in Subsections (2)(c) and (d).
    • (c)
      • (i) If compliance with the rule or standard requires an expenditure in excess of $250,000, but less than $10,000,000, the board shall submit the rule or standard for review to the Natural Resources, Agriculture, and Environment Interim Committee.
      • (ii)
        • (A) Except as provided in Subsection (2)(c)(ii)(B), the Natural Resources, Agriculture, and Environment Interim Committee shall review a rule or standard the board submits under Subsection (2)(c)(i) during the Natural Resources, Agriculture, and Environment Interim Committee's committee meeting immediately following the day on which the board submits the rule or standard.
        • (B) If the committee meeting described in Subsection (2)(c)(ii)(A) is within five days after the day on which the board submits the rule or standard for review, the Natural Resources, Agriculture, and Environment Interim Committee shall review the rule or standard during the committee meeting described in Subsection (2)(c)(ii)(A) or during the committee meeting immediately following the committee meeting described in Subsection (2)(c)(ii)(A).
    • (d) If compliance with the rule or standard requires an expenditure of $10,000,000 or more, the board shall submit the rule or standard for approval to the Legislature.
    • (e)
      • (i) A facility shall estimate the cost of compliance with a board-proposed rule or standard described in Subsection (2)(b) using:
        • (A) an independent, licensed engineer; and
        • (B) industry-accepted project cost estimate methods.
      • (ii) The board may evaluate and report on a compliance estimate described in Subsection (2)(e)(i).
    • (f) If there is a discrepancy in the estimated cost to comply with a rule or standard, the Office of the Legislative Fiscal Analyst shall determine the estimated cost to comply with the rule or standard.
  • (3) In reviewing a rule or standard, the Natural Resources, Agriculture, and Environment Interim Committee may:
    • (a) consider the impact of the rule or standard on:
      • (i) economic costs and benefit;
      • (ii) public health; and
      • (iii) the environment;
    • (b) suggest additional areas of consideration; or
    • (c) recommend the rule or standard to the board for:
      • (i) adoption; or
      • (ii) re-evaluation followed by further review by the Natural Resources, Agriculture, and Environment Interim Committee.
  • (4) When the Natural Resources, Agriculture, and Environment Interim Committee sets the review of a rule or standard submitted under Subsection (2)(c)(i) as an agenda item, the committee shall:
    • (a) before the review, directly inform the chairs of the Administrative Rules Review Committee of the coming review, including the date, time, and place of the review; and
    • (b) after the review, directly inform the chairs of the Administrative Rules Review Committee of the outcome of the review, including any recommendation.




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