Utah Conservation Community Legislative Update
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UTAH CONSERVATION COMMUNITY LEGISLATIVE UPDATE 2021 General Legislative Session Issue #4 February 14, 2021 Welcome to the 2021 Legislative Update issue will prepare you to contact your legislators with your This issue includes highlights of week four, what we can opinions and concerns! expect in the week ahead, and information for protecting wildlife and the environment. Please direct any questions or ACTION ALERT! comments to Steve Erickson: [email protected]. Rep. Brammer’s Utah Lake Authority bill still has not been made public, which is a positive sign that it’s getting About the Legislative Update pushback behind the scenes. Reportedly, the bill would The Legislative Update is made possible by the Utah effectively usurp state authority (FFSL) to manage and Audubon Council and contributing organizations. Each control the bed of the lake and shoreline up to 4,489 in Update provides bill and budget item descriptions and elevation for “restoration” and development. It would also status updates throughout the Session, as well as important jeopardize the primacy of the Division of Water Quality. Session dates and key committees. For the most up-to-date The unelected Board could issue bonds and take sales tax information and the names and contact information for all and property tax increment revenue, much like the Inland legislators, check the Legislature’s website at Port. Let legislators know that we want the lake and its www.le.utah.gov. The Legislative Update focuses on water quality improved - using sound science and good legislative information pertaining to wildlife, sensitive and management - not exploited for private gain! invasive species, public lands, state parks, SITLA land HB 297 to create a Colorado River Authority is “circled”, management, energy development, renewable energy and awaiting action on the House floor. There may be some conservation, and water issues. The Update will be amendments, but this is still bad policy, so keep up the distributed after each Friday of the Session. We may also pressure to defeat it! send out additional Action Alerts during the Session as issues arise that need quick action. We hope each Update Page 1 of 18 Budget News News of Week Four (Week # 4) Appropriations Subcommittees concluded their prioritizing The best news and biggest relief of the Session so far: of requests for new money and will not meet again until the proposed merger (hostile takeover) of DEQ into further notice, if at all. Executive Appropriations will await DNR is dead! At least for this Session. Rep. Casey the mid-February revenue estimates and start to make the Snider’s bill, HB 346, moves the Office of Energy big budget decisions on what gets funded. Development and the Office of Recreation under DNR, but leaves DEQ and PLPCO where they should be. Three requests for appropriations from Rep. Hawkes and National Audubon, CO River Stakeholder Process, GSL SB 130, the big CAFOs bill, passed the Senate and will Groundwater Studies, and Water & Land Use Planning got be heard in the House NRAE Committee Tuesday reasonably high priorities from NRAEQ. Two others were afternoon. Despite substantial changes, this is still a well down the list. Funding for a Bridal Veil Falls state bad bill that is part of a major initiative Smithfield monument was in the middle of the GSL requests, while Foods to expand its operations in Millard County and unfortunately money for RS2477 lawsuits ranked #9 of 51. for CAFOs to be able to operate in more than 100,000 acres of land in central Utah. What’s Ahead SJR 7, the resolution to grant legislative approval to Two important bills we support will be heard this week: HB Energy Solutions for a new landfill for slightly 281, addressing local approval of Cedar City’s groundwater radioactive rubble from decommissioning nuclear grab, and HB 263 to create a Clean Energy Fund. power plants nationwide won easy Senate approval and Standing Committees will meet 8-10 AM Tuesday through now heads to the House for further debate. HB 295 to Friday, and 4-6 PM every day but Friday. Both chambers ban baiting of big game and regulate trail cameras will be on the floor each day from 10 to 12, and from 2-3:50, advanced to the House floor. It is improved but still except when floor action goes from 2-5 PM. could benefit from additional amendments. House: https://le.utah.gov/~2021/schedule/h5.pdf Senate: https://le.utah.gov/~2021/schedule/s5.pdf Page 2 of 18 Rules Committees Senate Rules Committee: House Rules Committee: Sen. Greg Buxton, Chair [email protected] Rep. Tim Hawkes, Chair [email protected] Sen. Lincoln Fillmore [email protected] Rep. Robert Spendlove, Vice-Chair [email protected] Sen. Kirk Cullimore, Vice-Chair [email protected] Rep. Angela Romero [email protected] Sen. Wayne Harper [email protected] Rep. Walt Brooks [email protected] Sen. Karen Mayne [email protected] Rep. Sandra Hollins [email protected] Sen. Jani Iwamoto [email protected] Rep. Casey Snider [email protected] Sen. Don Ipson [email protected] Rep. Calvin Musselman [email protected] Sen. Todd Weiler [email protected] Sen. Ron Winterton [email protected] Page 3 of 18 BILL TRACKING LIST Priority Code: 1=High; 2=Medium; 3=Low Bill Sponsor Description/Status Priority Position HB 14 Water Rep. Handy Establishes a process for filling a vacancy on the board of 3 Support Conservancy District a water conservancy district located in more than one Amendments county, including providing notice, nominating candidates, and appointing an individual to fill the vacancy. Passed House. Passed Senate. HB 17 Utility Rep. Handy Prohibits municipalities and counties from restricting the 1 Oppose Permitting connection of utility services to customers on the basis of Amendments the type of energy the utility service provides. The intent is to ban local ordinances requiring new buildings be all electric (no natural gas). Passed House. Passed Senate 25- 3-1 on 2/12. HB 24 State Engineer Rep. Ferry Permits the state engineer to send electronic 3 Support Electronic communications under certain circumstances. Passed Communications House. Passed Senate. Substitute HB 29 Rep. Stratton Requires the Division of Wildlife Resources to develop a 3 Support Statewide Aquatic statewide aquatic invasive species emergency response Invasive Species plan aimed at remediating the spread of aquatic invasive Emergency Response species throughout the state. Passed House. Passed Plan Senate. Substitute HB 32 Rep. Albrecht Provides a mechanism and timeline for an interim rate as a 3 Neutral Energy Balancing part of the energy balancing account process. Passed Account Amendments House. Passed Senate. 2nd Substitute HB 45 Rep. Stratton Creates the Radon Task Force. Provides for the 3 Support Radon Task Force appointment of task force members, requires the task force to study and make recommendations on ways to increase Page 4 of 18 public awareness about the risks of radon and ways to mitigate Utah residents' exposure to radon. Passed House. In Senate Rules Committee. Substitute HB 65 Rep. Snider Appropriates $200,000 in on-going funds from the 2 Support Wildland Fire Sovereign Lands Restricted Account to give a salary if from Amendments increase to wildland firefighters and requires the Division another of FFSL to develop and maintain a wildfire risk funding assessment mapping tool. Passed House 67-0-8 on 2/8. In source Senate NRAE Committee. HB 79 Mineral and Rep. Brooks Modifies definitions under the Utah Mined Land 3 Neutral Rock Amendments Reclamation Act; and adds basalt to the definition of “rock aggregate” for regulatory purposes. Passed House. On Senate Consent Calendar. Substitute HB 83 Rep. Ferry Extends the time for creating a migratory bird production 2 Support Migratory Bird area, provides a process to add property to a migratory Production Area bird production area, provides for inclusion of Amendments easements, addresses limitations on local ordinances and uses by a guest of a migratory bird production area under provisions that limit landowner liability, and prohibits exercising eminent domain under certain circumstances. Passed House 70-0-5 on 2/8. In Senate Rules Committee. HB 89 Hydrogen Tax Rep. Sagers Creates tax credit provisions related to hydrogen energy. 3 Neutral Credit In House PUET Committee. HB 91 Tax Credit for Rep. Stoddard Extends the availability of the income tax credit related to 3 Support Alternate Fuel Heavy certain alternative fuel heavy duty vehicles. Passed House Duty Vehicles Revenue & Taxation Committee 12-1 on 2/12. On House 3rd Reading Calendar. Page 5 of 18 HB 98 Local Rep. Ray Prohibits a local government from regulating certain 2 Oppose Government Building building design elements and landscaping and inspection Regulation requirements. In House Political Subdivisions Committee. Amendments HB 109 Wildlife Rep. Lyman Requires the Division of Wildlife Resources to deliver 3 Support Amendments notice to an affected landowner or an agent of an affected landowner, either in writing or orally, before the taking of wildlife on privately owned land. Passed House 70-0-5 on 2/11. In Senate Rules Committee. HB 111 Off-Highway Rep. Albrecht Allows an individual under 18 years old to operate an off- 3 Neutral Vehicle Amendments highway vehicle under certain conditions. Passed House. Passed Senate 28-0-1 on 2/12. HB 123 Feasibility Rep. Handy Directs the Division of Air Quality to conduct a feasibility 2 Support Study for Air Quality study regarding the creation of an air quality and changing Laboratory climate solutions laboratory. In House Rules Committee. HB 131 State Facility Rep. Handy Requires state facilities to provide utility use information 3 Support Energy Efficiency to the Division of Facilities Construction and Amendments Management.