2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2a - Air Quality - Special Provisions › Section 102.5 - Emissions reduction plan study and recommendations.

Affected by 63I-2-219 on 7/1/2024
Effective 5/4/2022
19-2a-102.5.
Emissions reduction plan study and recommendations.
(1) As used in this section:
(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. Sec. 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.
(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.
(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.
(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.
(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:
(A) a grant program;
(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 Title 19, Chapter 2, Part 2, Clean Air Retrofit, Replacement, and Off-road Technology Program; 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.
(c) The framework described in this Subsection (4) shall provide for programs that directly benefit:
(i) rural communities;
(ii) inland port areas;
(iii) underserved or underrepresented communities; and
(iv) disproportionate air quality affected areas.
(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.
Enacted by Chapter 95, 2022 General Session