GOP Utah lawmakers consider having more say over air quality rules

SALT LAKE CITY — Some Utah legislators are considering having more say over the rules dictating state air quality standards and expressed hope that the incoming Trump administration will be friendlier to the Beehive State when it comes to what they see as overly onerous environmental regulations.

Federal law sets some guidelines for air quality, but statewide rules are enacted by the Utah Air Quality Board, which is part of the state’s Department of Environmental Quality. Bryce Bird, the director of the state’s Division of Air Quality, addressed the Legislature’s Federalism Commission Tuesday, during which at least one top lawmaker expressed support for lawmakers to have more oversight in the rules that set clean air standards in Utah.

“This may be something for us to review in the upcoming session,” Rep. Casey Snider, R-Paradise, said of the rulemaking authority given to the agency. “There is a lot of legislative power that we have given to administrative bodies. We have delegated that. That’s fundamentally where Congress has gone sideways, is through the delegation of the authority that resides in this legislative branch.”

While he declined to cast judgment on the actions of the agency, Snider — who serves as the majority assistant whip in House Republican leadership — said bringing that authority back to the Legislature would make environmental rules more subject to accountability from voters. Lawmakers do vote to approve administrative rules that are proposed, but possible changes could see the Legislature having a more active role in setting air quality standards.

Several GOP members of the commission appeared supportive of the idea, as well.

“Go sit in a town hall and tell folks that these things are being contemplated; they’ll be shocked and probably frustrated,” Snider said. “I do believe that we need to bring some of this back and have a more robust discussion — maybe rule by rule — as we make some of these things roll out.”

It’s not uncommon for Utah’s air quality to be poor — particularly during winter inversions — and improving air quality is a frequent conversation on Utah’s Capitol Hill. This past legislative session, however, several proposals to incentivize electric lawn equipment, reduce state emissions and cap emissions from large polluters didn’t advance.

The Legislature did approve a bill this year that prevents the Air Quality Board from prohibiting controlled burns in certain circumstances between Nov. 1 and March 31 of each year.

Bird said Utah has continued to make progress on air quality, though, and the state’s “winters are getting much cleaner.”

Snider hasn’t outlined specific policies for changing who makes air quality rules, though the issue is likely to be brought up during the upcoming legislative session that begins in January.

Republican lawmakers on the Federalism Commission, which was created to evaluate whether the federal government is overstepping into states’ rights issues, also celebrated the incoming Trump administration and said they expect less pressure from the federal government when it comes to air quality.

Utah’s Republican-controlled government was often at odds with the Biden administration, but top lawmakers have been hopeful that President-elect Donald Trump will be more aligned with their interests on regulations and public lands issues. Rep. Ken Ivory, R-West Jordan, said Trump’s election has created an opportunity to reestablish lines between state and federal issues, now that leaders in blue states such as California are looking to push back against Republicans in Washington.

“This is the time to move and restore these jurisdictional lines where we have even many of the blue states now coming out very vocally,” he said.