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Senate advances bill to create Department of Environmental Quality, citing technical needs and modest startup cost

Utah State Senate · January 24, 1991
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Summary

Senators voted to advance SB 34, reorganizing the existing division into a Department of Environmental Quality to consolidate air, water and hazardous-waste programs; sponsor Senator Reese said the change clarifies authority and estimates a $297,000 startup cost.

Senate Bill 34, which would reorganize Utah's Division of Environmental Health into a Department of Environmental Quality (DEQ), cleared its second-reading floor action after sponsors and critics debated scope and cost.

Sponsor Senator Steven J. Reese told the chamber the bill is largely organizational: it moves existing programs into Title 19, statutorily creates the department's boards and committees, and restructures six technical program divisions including air quality, hazardous and solid waste, water pollution and drinking water. "This is the bill that creates the Department of Environmental Quality," Reese said, adding the change is meant to "elevate the environment to the proper place" on the state agenda.

The nut graf: backers said DEQ will centralize technical capacity and improve compliance with federal requirements, while critics pressed on the timing and cost. Reese told senators the reorganization does not grant broad new regulatory powers beyond what the division already carries; it aims to align structure, authorizations and advisory boards with present practice.

Supporters emphasized technical staffing needs. "The federal Clean Air Act is going to require of the state of Utah an enormous amount of additional work," said Senator Shepherd, arguing a department-level agency will be better staffed to meet engineering and permitting demands. Senator Holmgren described DEQ's director as "a gentleman you can visit with" and urged confidence in leadership.

Opponents and cautious senators questioned the fiscal timing and whether the change would produce immediate programmatic benefits. Senator Beatty and others raised concerns about a fiscal note; Reese said the governor had built the $297,000estimated added cost into the executive budget and characterized the expense as manageable relative to the program's technical needs.

The floor record shows senators debated facility and staffing implications, the delegation of existing powers and the relationship with the Department of Health for sanitation responsibilities. Reese said the statutory chapters being moved replicate the division's current activities and that the bill follows a task-force review with local government and industry participants.

The bill passed the second-reading roll call with the clerk announcing 23 ayes, 4 nays and 2 absent. The measure was placed on the third-reading calendar for final consideration.

What happens next: SB 34 moves forward in the Senate process; if enacted, the law would reorganize the division into DEQ in statute and make explicit the advisory boards and rulemaking structure that now operate in administrative practice.