UTAH CONSERVATION COMMUNITY LEGISLATIVE UPDATE 2019 General Legislative Session Issue #3 February 18, 2019 Welcome to the 2019 Legislative Update issue will prepare you to call, email or tweet your legislators This issue includes highlights of week two, what we can with your 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]. SB 52 - Secondary Water Metering Requirements passed About the Legislative Update in committee and is headed for Senate floor votes soon . Contact Senators and urge them to support this critical The Legislative Update is made possible by the Utah water saving measure and the money that goes with it. Audubon Council and contributing organizations. Each SB 144 (see bill list below) would establish a baseline for Update provides bill and budget item descriptions and measuring the impacts of the Inland Port, and generate status updates throughout the Session, as well as important data that would inform environmental studies and policy Session dates and key committees. For the most up-to-date going forward. Let Senators know this is important! information and the names and contact information for all Public and media pressure the Governor’s efforts have legislators, check the Legislature’s website at forced needed changes to HB 220, but there’s still work www.le.utah.gov. The Legislative Update focuses on to do and it’s still a bad and unnecessary bill. Keep up the calls and emails to Senators and Governor Herbert! legislative information pertaining to wildlife, sensitive and And if you still have time and energy, weigh in on a invasive species, public lands, state parks, SITLA land priority for funding (see below) – or not funding! management, energy development, renewable energy and conservation, and water issues. The Update will be distributed after each Friday of the Session. We may also send out additional Action Alerts during the Session as issues arise that need quick action. We hope each Update Page 1 of 20 New revenue projections for FY 2020 will be released this News of the Third Week (Week # 3) week, and Appropriations Subcommittees will complete their work with votes prioritizing numerous requests for new Our resolution to address declining water levels in Great money. NRAE Appropriations vote on their priorities on Salt Lake (HCR 10) won unanimous approval in the Wednesday, 2/20 at 4:00. The Executive Appropriations House and now moves to the Senate. HB 265, which Committee will hear the various budget requests on creates a Wildlife Management Area to protect and work Thursday and Friday. to keep sufficient water in the Willard Spur, passed committee and awaits action on the House floor. SJR 1, Key appropriations requests we support: $20 m. for which addresses water banking, passed the House 73-0., secondary water metering loans and grants; $500,000 in on- and will be enrolled. Funding for it still needs to occur. going funding for phragmites eradication; $500,000 for Newly introduced bills of interest include HB 339 Great Salt Lake research; $558,200 for environmental (Legacy Parkway Truck Ban), HB 310 - which would fix monitoring for the inland Port; $400,000 for water banking the state statute on solid and hazardous waste, and HB study and pilot program. 304 - which would create a state carbon tax. Requests for air quality improvements are numerous – the Governor has recommended $100 m. in air quality initiatives generally. See HB 98, HB 295, HB 353, and HB 357 below. Budget News Appropriations we oppose: renewing the $2.5 m. contract Proposals for tax cuts and sales tax “reform” will debut this for work on “wolf delisting” (more of the annual payola to week. The Governor and legislative leaders have issued an Big Game Forever); $1 m. for RS 2477 lawsuits; and ill-advised promise of cuts of around $225 m. even as there $300,000 for anti-public lands work (FIRM). is real concern about the shrinking sales tax base. Repor- tedly there are requests totaling $1 billion above the $1.2 What’s Ahead billion surplus! Broadening the sales tax base by taxing Floor time will be from 10:00 to 12:00 daily all week and services is needed, but politically poisonous, so it’s likely from 2:00 to 4:00 Thursday (floor time is the best time for that there will be a few minor services taxed and the result citizens to speak to legislators). Standing Committees run may be a smaller sales tax reduction and a small lowering of from 8:00-9:50 daily and 2:00-4:00 Thursday and Friday. the flat income tax rate. So the competition for new money Parties caucus 12:30-1:45 Tuesday and Thursday. will be fierce, since there will be less to divvy up and spend. Page 2 of 20 Rules Committees Senate Rules Committee: House Rules Committee: Sen. Greg Buxton, Chair [email protected] Rep. Tim Hawkes, Chair [email protected] Sen. Lincoln Fillmore, Vice-Chair [email protected] Rep. Robert Spendlove, Vice-Chair [email protected] Sen. Dan Hemmert [email protected] Rep. Joel Briscoe [email protected] Sen. Wayne Harper [email protected] Rep. Jake Anderegg [email protected] Sen. Karen Mayne [email protected] Rep. Sandra Hollins [email protected] Sen. Jani Iwamoto [email protected] Rep. John Knotwell [email protected] Sen. Don Ipson [email protected] Rep. Mike McKell [email protected] Sen. Dan McCay [email protected] Rep. Logan Wilde [email protected] Rep. Casey Snider Page 3 of 20 BILL TRACKING LIST Priority Code: 1=High; 2=Medium; 3=Low Bill Sponsor Description/Status Priority Position HB 12 Instream Flow Rep. Hawkes Repeals the sunset repeal date for an instream flow water 2 Support Water Right right for trout habitat. Passed House. Passed Senate. Amendments HB 14 State Rep. Eliason Requires the Division of State Parks and Recreation 3 Support Monument Act to periodically evaluate and report on state property for Amendments state monument status, create rules for the management of prospective state monuments, and outlines the process for designating a state monument. Passed House. Passed Senate. HB 31 Water Supply Rep. Coleman Describes the process by which a municipality may 3 Support and Surplus Water provide water to customers outside the municipality's Amendments political boundary, states that a municipality may not sell the municipality's waterworks, in whole or in part, except as provided in statute, and sets reporting requirements. In House NRAE Standing Committee. HB 32 Rulemaking Rep. Stratton Requires the Water Quality Board to submit certain 3 Support Fiscal Accountability proposed rules to an appropriations subcommittee and Requirements interim committee for review before the agency enacts the rules, and amends the duties of the Administrative Rules Review Committee. This bill was initiated by the Publicly Owned Treatment Works to assure full cost/benefit review of proposed rules that exceed certain cost thresholds to reduce phosphates from sewage treatment plant effluent (discharge) waters. Passed House 73-0-2 on 2/11. On Senate 2nd Reading Calendar. Page 4 of 20 HB 41 Transportation Rep. Modifies sales and use tax dedications for transportation 3 Neutral Sales Tax Christofferson funding. Passed House 73-0-2 on 1/29. In Senate Amendments Transportation, Public Utilities, Energy and Technology. Substitute HB 78 Rep. Albrecht Requires a governmental entity that is advocating for a 2 Oppose Federal Designations federal designation within the state to bring the proposal to the Natural Resources, Agriculture, and Environment Interim Committee for review. Passed House NRAE 7-6 on 2/12. On House 3rd Reading Calendar. Substitute HB 91 Rep. Snider The Substitute bill directs the Department of Agriculture 2 Support Agricultural Land and Food to conduct a study identifying and classifying Amendments private agricultural land that could be prioritized for preserving utilizing funds from the LeRay McAllister Critical Land Conservation Program. Passed House 65-3-7 on 2/15. In Senate Rules Committee. HB 98 Freight Rep. Handy Creates procedures for grants issued for the reduction of 2 Support Switcher Emissions freight switcher locomotive emissions, creates terms for Mitigation grants issued for the reduction of freight switcher locomotive emissions, and appropriates $2 million one- time in General Funds. Passed House 38-35-2 on 2/14. In Senate Rules Committee. 2nd Substitute HB 99 Rep. Ivory Provides that, under certain circumstances, the state shall 3 Oppose Catastrophic Wildfire indemnify, defend, and hold a chief executive officer or Revisions county sheriff harmless from any claims for damages, including court costs and attorney fees that are assessed as a result of their actions in abating a broadly defined catastrophic wildfire “public nuisance”. Substitute requires a detailed written plan for abatement and caps state costs at 90% of total claims. Circled on House 3rd Reading Calendar. Page 5 of 20 3rd Substitute HB 107 Rep. Handy Expands the program to include a large-scale natural gas 3 Support Sustainable utility that promotes sustainability by increasing access to Transportation and natural gas vehicles. Passed House Public Utilities, Energy Plan Act Energy and Technology Standing Committee 10-0-1 on Amendments 2/11. On House 3rd Reading Calendar. Substitute HB 109 Rep. Sagers Expands the definition of "throughput infrastructure 3 Support Hydrogen Fuel project" to include a plant or facility that stores, produces Production or distributes hydrogen for use as a fuel in zero emission Amendments motor vehicles, or for electrical generation or industrial use, allowing for funding from the Permanent Community Impact Fund.