All Roll Calls
Yes: 281 • No: 116
Sponsored By: Greg Oblander (Republican)
Became Law
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After April 14, 1995, the department cannot adopt air rules stricter than comparable federal rules unless it follows a special process. It must hold a public hearing, allow public comment, and issue a written finding that cites peer‑reviewed studies, lists direct costs, and shows the rule protects health and is doable with current technology. Stricter rules remain allowed for areas that do not meet federal air standards or to prevent nonattainment, and older stricter state rules stay in place. When federal minimums exist, the department may still set stricter standards in certain localities when needed.
Anyone affected by a department rule adopted after January 1, 1990 and before April 14, 1995 may petition for review if it is stricter than federal rules. The department must fix the rule or run the public hearing and written‑finding process within 6 months. Petitioners must still comply while the review runs, and a filing fee up to $250 may apply. A similar petition right applies to local rules adopted after January 1, 1996 and before May 1, 2001, with action due within 6 months; it also applies when later federal rules are less strict.
Cities and counties can run local air programs after a public hearing and department approval. Local programs must give at least 30 days’ notice, keep an interested‑persons list, mail proposed rules on request, hold a hearing if at least 10 directly affected people ask, answer all comments in writing, and notify commenters of final actions. Local programs may collect permit and registration fees, which must go into a county special revenue fund to run permitting or registration. A locality can set stricter local standards only with department approval, a public hearing and comments, and a written finding that cites peer‑reviewed studies, shows it protects health, is achievable with current tech, and lists direct costs.
The department cannot delegate control of very large or complex sources to local programs, including sources needing an environmental impact statement, those under the Major Facility Siting Act, or those that can emit 250 tons a year or more, unless delegated before January 1, 1991. If local geography, population, or pollution sources make local control impractical, the department can set boundaries and require an areawide program instead of local administration. After a hearing, if a local program is inadequate, the department orders fixes within up to 60 days; if not done, the department runs the program there and bills the jurisdiction. The department may also take over a particularly complex or large source when state control is more efficient, and in that case it cannot charge the jurisdiction.
The state air quality board can issue administrative orders under federal law to enforce air rules. The board can compel witnesses and require documents at hearings. The department may use any widely recognized system to measure emissions when it writes rules. These tools improve enforcement and clarity, which can raise compliance demands for regulated facilities.
Greg Oblander
Republican • House
Brandon Ler
Republican • House
Wylie Galt
Republican • Senate
All Roll Calls
Yes: 281 • No: 116
House vote • 4/4/2025
Do Concur
Yes: 30 • No: 19
House vote • 4/3/2025
Do Concur
Yes: 31 • No: 18
House vote • 2/18/2025
Do Pass
Yes: 61 • No: 38
House vote • 2/12/2025
AMD-HB0291.001.002 Oblander DO PASS
Yes: 99 • No: 1
House vote • 2/12/2025
Do Pass As Amended
Yes: 60 • No: 40
Chapter Number Assigned
Signed by Governor
Transmitted to Governor
Signed by President
Signed by Speaker
Returned from Enrolling
Sent to Enrolling
3rd Reading Concurred
2nd Reading Concurred
2nd Reading Pass Consideration
Committee Report--Bill Concurred
Committee Executive Action--Bill Concurred
Hearing
Referred to Committee
First Reading
Transmitted to Senate
3rd Reading Passed
2nd Reading Passed as Amended
2nd Reading Motion to Amend Carried
Committee Report--Bill Passed
Committee Executive Action--Bill Passed
Hearing
First Reading
Referred to Committee
Introduced
Enrolled
4/15/2025
As Amended (Version 2)
2/13/2025
Introduced
1/22/2025