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House adopts amendment, then passes bill tightening regulation threshold for storage tanks (3rd Sub. SB 40), 71–0

Utah House of Representatives · March 3, 2021
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Summary

Third Substitute Senate Bill 40, revised to raise the regulatory threshold for above-ground storage tanks and to exempt certain self-insured public entities, passed the Utah House unanimously after adoption of an amendment that tailors regulatory scope and confirms existing containment requirements.

The Utah House adopted an amendment and passed Third Substitute Senate Bill 40 on the House floor after an extended discussion of above-ground and underground storage-tank regulation.

Representative Stratton, sponsor of the measure, said the bill stems from an audit and interim committee review and is intended to "surgically" adjust the regulatory net for storage tanks. The amendment changes the regulatory threshold from 351 gallons to 501 gallons on the cited line in the bill and creates an exemption mechanism for self-insured public entities to avoid double expenses for taxpayers.

During floor questions members sought technical details: how many tanks would be affected, whether containment requirements already exist, and whether federal rules apply. Stratton said he had no exact statewide inventory on the floor but estimated "a few thousand" tanks could be impacted, and he pointed to existing state and federal containment requirements and limited exemptions (for agricultural uses and certain small tanks). Representative Chu asked for an example of a self-insured public entity; the sponsor said UDOT would be one such example.

The House agreed to adopt amendment number 1 by voice vote, and after additional comments endorsing the balance of environmental protection and regulatory restraint, the third substitute for SB 40 passed the House with 71 yes votes and 0 no votes. The bill will be signed by the Speaker and returned to the Senate for the President’s signature.