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 About the Legislative Update getting pushback behind the scenes. Reportedly, the bill The Legislative Update is made possible by the Utah would effectively usurp state authority (FFSL) to Audubon Council and contributing organizations. Each manage and control the bed of the lake and shoreline up Update provides bill and budget item descriptions and to 4,489 in elevation for “restoration” and development. status updates throughout the Session, as well as important It would also jeopardize the primacy of the Division of Session dates and key committees. For the most up-to-date Water Quality. The unelected Board could issue bonds information and the names and contact information for all and take sales tax and property tax increment revenue, legislators, check the Legislature’s website at much like the Inland Port. Let legislators know that we www.le.utah.gov. The Legislative Update focuses on want the lake and its water quality improved - using legislative information pertaining to wildlife, sensitive and sound science and good management - not exploited for invasive species, public lands, state parks, SITLA land private gain! management, energy development, renewable energy and HB 297 to create a Colorado River Authority is conservation, and water issues. The Update will be “circled”, awaiting action on the House floor. There may distributed after each Friday of the Session. We may also be some amendments, but this is still bad policy, so keep send out additional Action Alerts during the Session as up the pressure to defeat it! issues arise that need quick action. We hope each Update Page 1 of 18 cameras advanced to the House floor. It is improved but still could benefit from additional amendments. News of Week Four (Week # 4) The best news and biggest relief of the Session so far: the proposed merger (hostile takeover) of DEQ into Budget News DNR is dead! At least for this Session. Rep. Casey Snider’s bill, HB 346, moves the Office of Energy Appropriations Subcommittees concluded their prioritizing Development and the Office of Recreation under of requests for new money and will not meet again until DNR, but leaves DEQ and PLPCO where they should further notice, if at all. Executive Appropriations will await be. the mid-February revenue estimates and start to make the big budget decisions on what gets funded. SB 130, the big CAFOs bill, passed the Senate and will be heard in the House NRAE Committee Three requests for appropriations from Rep. Hawkes and Tuesday afternoon. Despite substantial changes, this National Audubon, CO River Stakeholder Process, GSL is still a bad bill that is part of a major initiative Groundwater Studies, and Water & Land Use Planning got Smithfield Foods to expand its operations in Millard reasonably high priorities from NRAEQ. Two others were County and for CAFOs to be able to operate in more well down the list. Funding for a Bridal Veil Falls state than 100,000 acres of land in central Utah. monument was in the middle of the GSL requests, while unfortunately money for RS2477 lawsuits ranked #9 of 51. SJR 7, the resolution to grant legislative approval to Energy Solutions for a new landfill for slightly What’s Ahead radioactive rubble from decommissioning nuclear Two important bills we support will be heard this week: HB power plants nationwide won easy Senate approval 281, addressing local approval of Cedar City’s groundwater and now heads to the House for further debate. HB grab, and HB 263 to create a Clean Energy Fund. 295 to ban baiting of big game and regulate trail Standing Committees will meet 8-10 AM Tuesday through Friday, and 4-6 PM every day but Friday. Both chambers Page 2 of 18 will be on the floor each day from 10 to 12, and from 2-3:50, except when floor action goes from 2-5 PM. House: https://le.utah.gov/~2021/schedule/h5.pdf Rules Committees Senate: https://le.utah.gov/~2021/schedule/s5.pdf 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 Priorit Position y 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 3 Neutral Energy Balancing a part of the energy balancing account process. Passed Account Amendments House. Passed Senate. Page 4 of 18 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 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. source In 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 Page 5 of 18 Revenue & Taxation Committee 12-1 on 2/12. On House 3rd Reading Calendar. 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 Amendments Committee. 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 2 Support Study for Air Quality feasibility study regarding the creation of an air quality Laboratory and changing 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.