DAR File No. 39995

Environmental Quality, Air Quality

Rule R307-104

Conflict of Interest

Notice of Proposed Rule

(New Rule)

DAR File No.: 39995
Filed: 12/15/2015 01:56:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to satisfy Section 128(a)(2) of the federal Clean Air Act.

Summary of the rule or change:

This rule requires any board or body that approves permits or enforcement orders, the head of the Utah Division of Air Quality with similar powers, and the head of the Utah Department of Environmental Quality with similar powers to disclose conflicts of interest exceeding $2,000.

State statutory or constitutional authorization for this rule:

• Section 19-2-104

Anticipated cost or savings to:

the state budget:

The rule places no obligations on anyone other than public employees with potential conflicts. Therefore, the state budget is not impacted by the rule.

local governments:

The rule places no obligations on anyone other than public employees with potential conflicts. Therefore, no costs or savings are anticipated for local governments.

small businesses:

The rule places no obligations on anyone other than public employees with potential conflicts. Therefore, small businesses are not affected by the rule.

persons other than small businesses, businesses, or local governmental entities:

The rule places no obligations on anyone other than public employees with potential conflicts. Therefore, other persons are not affected by the rule.

Compliance costs for affected persons:

The rule places no obligations on anyone other than public employees with potential conflicts. Therefore, there will be no additional compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

The rule places no obligations on anyone other than public employees with potential conflicts. Therefore, the new rule will have no fiscal impact on businesses.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/01/2016

This rule may become effective on:

02/08/2016

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-104. Conflict of Interest.

R307-104-1. Authority.

This rule establishes procedures that are necessary for promulgating federally approvable air quality standards as permitted by subsection 19-2-104(1)(b).

 

R307-104-2. Purpose.

R307-104 satisfies the conflict of interest requirement of 42 U.S.C. 7428 (a)(2).

 

R307-104-3. Disclosure of conflict of interest.

(1) This rule applies to any member of the board or body which approves permits or enforcement orders, the head of the Utah Division of Air Quality with similar powers, and the head of the Utah Department of Environmental Quality with similar powers.

(2) Every individual listed in R307-104-3(1) who is an officer, director, agent, employee, or the owner of a substantial interest in any business entity which is subject to the regulation of the agency by which the individual listed in R307-104-3(1) is employed, shall disclose any position held and the precise nature and value of the interest upon first becoming a public officer or public employee listed in R307-104-3(1), and again whenever his or her position in the business entity changes significantly or if the value of his or her interest in the entity is significantly increased.

(3) The disclosure required under R307-104-3(2) shall be made in a sworn statement filed with:

(a) the state attorney general in the case of the head of the Utah Division of Air Quality and the head of the Utah Department of Environmental Quality; and

(b) the state attorney general and the head of the agency with which the member of the board or body is affiliated in the case of a member of the board of body.

(4) This rule does not apply to instances where the total value of the interest does not exceed $2,000, and life insurance policies and annuities shall not be considered in determining the value of any such interest.

(5) Disclosures made under R307-104-3 are public information and shall be available for examination by the public.

 

KEY: conflict of interest, Clean Air Act

Date of Enactment or Last Substantive Amendment: [2015]2016

Authorizing, and Implemented or Interpreted Law: 19-1-201; 19-2-104