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CASE 2024-373-BSW

H.B. 392 (2017) & H.B. 373 (2024) · Bait-and-Switch

Repealing the Board It Helped Create

A balanced, science/industry/NGO Air Quality Policy Advisory Board was created in 2017 with near-unanimous support. Seven years later, one of its original co-sponsors personally carried the bill that repealed it, shifting pollution-control rulemaking to the industry-aligned Board of Oil, Gas and Mining.

H.B. 392 (2017): Rep. Timothy Hawkes / Sen. Todd WeilerH.B. 373 (2024): Rep. Casey Snider / Sen. Scott Sandall Effective: H.B. 373: May 1, 2024 Both Became Law

New Here? Start Simple

H.B. 392 (2017) created a 10-member Air Quality Policy Advisory Board — legislators, industry, business, an academic, and an NGO representative — to seek "best available science" for legislative recommendations on air quality.

H.B. 373 (2024) repealed that board outright. In its place: pollution-control-certification authority moved to the Board of Oil, Gas and Mining, and a new "informal working group" of industry subject-matter experts, jointly selected by the Senate President and Speaker, was created to meet monthly with the Department of Environmental Quality.

Sen. Scott Sandall was one of 38 co-sponsors of the board's creation in 2017. In 2024, he personally carried its repeal as Senate sponsor.

What Changed, Section by Section

H.B. 392 (2017) — Created
Air Quality Policy Advisory Board10 voting members: 2 Senate, 3 House, DEQ's Air Quality director, 1 industry rep, 1 business/econ-dev rep, 1 academic, 1 NGO rep
MandateSeek best available science; identify and prioritize legislation/funding to improve air quality
H.B. 373 (2024) — Repealed
What was removedThe Air Quality Policy Advisory Board (Section 19-2a-102), entirely
What replaced itPollution-control certification authority shifted to the Board of Oil, Gas and Mining; a new industry "subject matter expert" working group jointly appointed by the Senate President and Speaker, meeting monthly with DEQ

The Timeline

2017H.B. 392: House 72-0-3
→
2017Senate 21-5-3
→
2024H.B. 373: House 65-2-8
→
2024Senate 20-6-3

Graded against the standing rubric

This isn't a personal opinion of the bill. The grade below asks two questions, applied the same way to every bill in this series — not whether any one person likes the outcome: 1. Power — does it add or remove a check on power that the public, collectively, would otherwise have no say over? 2. Transparency — does it add or remove what the public can actually see about the process, regardless of who ends up holding the final decision? Design and outcome are graded separately because a bill can be structurally sound and still fail to become law, or pass in a form very different from how it started — collapsing the two into one score would hide which one actually happened.

The Board As Created (2017)

PowerBalanced 10-member board with science/industry/NGO representation, tasked with finding "best available science"
TransparencyNear-unanimous, bipartisan creation
B

A genuinely balanced advisory structure.

What Replaced It (2024)

PowerBalanced board eliminated; rulemaking shifted to an industry-focused board plus a leadership-appointed industry working group
TransparencyWorking group meets monthly with DEQ with no public minutes requirement identified
D

The balanced, science-first structure was replaced with a narrower, industry-facing one.

Graded by the Collective Rubric

This is The Weber County Hive's standing five-part rubric, applied the same way across every piece: Power — does it add or remove a check on power the public would otherwise have no say over? Transparency — can the public actually see the process? Financial Accountability — who actually pays, and is that disclosed plainly? Environmental Impact — is the effect on water, wetlands, and wildlife treated as a real constraint or a box to check? Community Impact — who bears the cost or holds a stake in this decision, and did they get real standing to be heard?

CriterionGradeAssessment
PowerDRulemaking authority moved from a balanced advisory board to an industry-aligned one.
TransparencyDThe new industry working group's monthly DEQ meetings aren't confirmed to have a public minutes requirement.
Financial AccountabilityCThe same-session severance-tax redirection is itemized in statute, even though it sits outside the normal annual budget review.
Environmental ImpactDPollution-control certification authority now sits with a board whose primary mandate is oil, gas, and mining, not air quality.
Community ImpactCNo NGO or academic seat exists in the replacement structure.
D

A science-balanced board was quietly replaced with an industry-facing one, by one of the same legislators who helped create it.

How This Could Have Actually Protected the Public

Sources

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  • H.B. 392 (2017) and H.B. 373 (2024), official bill text — le.utah.gov
  • House and Senate floor vote records for both bills — le.utah.gov Bill Status/Votes page
  • Sen. Sandall's floor remarks on H.B. 373 (2024)
  • 51-9-306, severance tax revenue distribution statute, amended Chapter 25, 2024 General Session