| (2) |
| (a) | As used in this Subsection (2):
| (i) | "Expenditure" means the act of expending funds:
| (A) | by an individual public facility with a Utah Pollutant Discharge Elimination System permit, or by a group of private agricultural facilities; and |
| (B) | through an initial capital investment, or through operational costs over a three-year period. |
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| (ii) | "Utah Pollutant Discharge Elimination System" means the state permit system created in accordance with 33 U.S.C. Sec. 1342. |
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| (b) | Before the board adopts a nitrogen or phosphorus rule or standard, the board shall submit the rule or standard as directed in Subsections (2)(c) and (d). |
| (c) |
| (i) | If compliance with the rule or standard requires an expenditure in excess of $250,000, but less than $10,000,000, the board shall submit the rule or standard for review to the Natural Resources, Agriculture, and Environment Interim Committee. |
| (ii) |
| (A) | Except as provided in Subsection (2)(c)(ii)(B), the Natural Resources, Agriculture, and Environment Interim Committee shall review a rule or standard the board submits under Subsection (2)(c)(i) during the Natural Resources, Agriculture, and Environment Interim Committee's committee meeting immediately following the day on which the board submits the rule or standard. |
| (B) | If the committee meeting described in Subsection (2)(c)(ii)(A) is within five days after the day on which the board submits the rule or standard for review, the Natural Resources, Agriculture, and Environment Interim Committee shall review the rule or standard during the committee meeting described in Subsection (2)(c)(ii)(A) or during the committee meeting immediately following the committee meeting described in Subsection (2)(c)(ii)(A). |
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| (d) | If compliance with the rule or standard requires an expenditure of $10,000,000 or more, the board shall submit the rule or standard for approval to the Legislature. |
| (e) |
| (i) | A facility shall estimate the cost of compliance with a board-proposed rule or standard described in Subsection (2)(b) using:
| (A) | an independent, licensed engineer; and |
| (B) | industry-accepted project cost estimate methods. |
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| (ii) | The board may evaluate and report on a compliance estimate described in Subsection (2)(e)(i). |
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| (f) | If there is a discrepancy in the estimated cost to comply with a rule or standard, the Office of the Legislative Fiscal Analyst shall determine the estimated cost to comply with the rule or standard. |
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