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Utah Conservation Community Legislative Update

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Utah Conservation Community Legislative Update UTAH CONSERVATION COMMUNITY LEGISLATIVE UPDATE 2015 General Legislative Session Issue #5 February 28, 2015 Welcome to the 2015 Legislative Update issue will prepare you to call, email or tweet your legislators This issue includes highlights of week five, what we can with your opinions and concerns! expect in the week ahead, and information for protecting ACTION ALERT! wildlife and the environment. Please direct any questions or comments to Steve Erickson: [email protected]. Contact members of Executive Appropriations and tell About the Legislative Update them that there should be no funding set aside for the Lake Powell pipeline and the Bear River diversion The Legislative Update is made possible by the Utah project! The need for these projects must be justified, Audubon Council and contributing organizations. Each environmental reviews completed and plans of financing Update provides bill and budget item descriptions and made public before any money should be spent. status updates throughout the Session, as well as important Let your Senators and Representatives know what you Session dates and key committees. For the most up-to-date think about them recommending spending over $10 information and the names and contact information for all million to fight sage grouse listing and sue the federal legislators, check the Legislature’s website at government over RS2477 roads, states’ rights, and www.le.utah.gov. The Legislative Update focuses on ownership of the public lands. legislative information pertaining to wildlife, sensitive and Don’t forget to join in the big rally against the “Great Public invasive species, public lands, state parks, SITLA land Lands Gamble” tomorrow, Monday, 3/2, 4:30 pm at the management, energy development, renewable energy and Capitol Rotunda. See www.greatpubliclandsgamble.org 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 News of the Fourth Week (# 4) issues of the Session – Healthy Utah or other Medicaid expansion options, transportation funding, and criminal HB 226 Air Quality Revisions, the bill to allow Utah to justice reform remain undecided. adopt standards “different” from those of the EPA passed the House. Prospects for Senate passage look fair. Other air There will need to be some tough decisions made by Friday, quality bills have not fared as well - HB 295 and SB 87 including which bills that have fiscal notes will be approved, failed to pass. Air quality advocates plan a press conference because the top budget-makers will meet with staff over the on Tuesday to scald the Legislature for posturing and foot- next weekend to draft the final appropriations bills for dragging on the issue. consideration in the final week. You may have noticed that there are proposals to explore What’s Ahead expanding one and creating two new state parks (Goblin Valley, Little Sahara, San Rafael Swell). Let me know what A passel of new bad bills has emerged in the past few days you think of these ideas so I can make our position heard! to add to the workload. SB 281 sets up a fund - likely in anticipation of a last minute infusion of new one-time or on- There has been surprisingly little controversy on the water going appropriations - for the Lake Powell pipeline and Bear front so far (though that may change some – see What’s River diversion project. Ahead). HB 25, which addresses a long and bitter debate over change applications, is sailing through as a broadly HB 396 attempts to take advantage of the outcry over welcomed compromise bill. The two most contentious restricting wood burning by micromanaging the regulators. water bills, HB 47 and HB 108, are wedded together and As usual, the indefatigable Rep. Mike Noel leads the pack will die in Rules. with hostile-to-the-environment and possibly even Unfortunately, all of the bad and needlessly expensive Sage unconstitutional anti-federal government legislation (see HB Brush Rebellion III bills are also on track for passage. 384, 393, 398, and 401 in the bill tracker below). Unless things change, Standing Committees will continue to Budget News meet and hear bills throughout week 6 and even the through Week Five was a quiet week on the budget front, with no the last Tuesday, two days before the Session ends. This is meetings of Executive Appropriations. That’s about to most unusual and makes it unclear when the chambers will change later this coming week, as the House and Senate “wipe the boards” and send all bills back to Rules to be Republicans begin to firm up their positions on the top prioritized for floor debate (usually done on the last Friday). priorities for funding and tax policy. All of the big ticket Page 2 of 20 Rules Committees Senate Rules Committee: House Rules Committee: Sen. Kevin Van Tassell, Chair [email protected] Rep. Mike Noel, Chair [email protected] Sen. Deidre Henderson [email protected] Rep. Jon Cox, Vice-Chair [email protected] Sen. Mark Madsen [email protected] Rep. Jake Anderegg [email protected] Sen. Karen Mayne [email protected] Rep. Gage Froerer [email protected] Sen. Jim Dabakis [email protected] Rep. Brad King [email protected] Sen. Pete Knudson [email protected] Rep. John Knotwell [email protected] Sen. Todd Weiler, Vice-Chair [email protected] Rep. Carol Spackman-Moss [email protected] Sen. David Hinkins [email protected] Rep. Mike Schultz [email protected] Sen. Steve Urquhart [email protected] Page 3 of 20 BILL TRACKING LIST Priority Code: 1=High; 2=Medium; 3=Low Bill Sponsor Description/Status Priority Position Substitute HB 15 Rep. Handy The Substitute bill creates the Conversion to Alternative 2 Support Clean Fuel Fuel Grant Program, extends the credit for eligible Amendments and vehicles and adds commercial vehicles, tractors and other Rebates vehicles to the eligible list. Passed House. Passed Senate 2nd Reading Calendar 20-4-5. On Senate 3rd Reading Cal. Substitute HB 17 Rep. Perry Amends the visible contaminant standard for certain diesel 3 Support Motor Vehicle engines and sets fines of $50 for a first violation and $100 Emissions for a second violation within 3 years. Passed House. Passed Senate. HB 25 Water Law – Rep. Snow Authorizes the State Engineer to determine whether a 2 Support Applications change application would impair another water right. Revisions Places upon the applicant the burden of proof that the proposed change will not result in a quantity impairment. Passed House. On Senate 2nd Reading Calendar. Substitute HB 31 Rep. Handy Increases civil penalties for violations of rules and orders 3 Support Natural Gas pertaining to intrastate pipeline transmission and requires Amendments an inspection plan. Passed House. Passed Senate. 3rd Substitute HB 43 Rep. McIff Modifies the procedures for a change application filed on 2 Support Water Rights - Change water rights held by water companies (shareholder change Application applications). 3rd Substitute provides an option for court Amendments resolution of legal issues not within the purview of the State Engineer. Passed House 54-17-4 on 2/26. In Senate Rules. Page 4 of 20 HB 44 Surface Leases Rep. McKell Prohibits a lease to construct a highway over sovereign 1 Support Procedure lakebed lands (Utah Lake). Passed House. Passed Senate. Amendments HB 47 Protection of Rep. McIff Limits the public trust obligations and declares certain 1 Oppose Water Rights water rights as private property rights protected by the Utah Constitution. In House Rules. 2nd Substitute HB 49 Rep. Handy Provides a one-time appropriation of $20 million for 2 Support Clean Fuel School replacing or retrofitting older, high-emissions school buses Buses and with new clean fuel buses or engines. Passed House. In Infrastructure Senate Education Committee. HB 58 Water Law – Rep. Grover Requires that a person applying for a change to a water 3 Support Change Application right be a holder of an approved but unperfected water Amendments right, an owner of a perfected water right, or a shareholder in a water company. Passed House 64-0-11 on 2/27. In Senate Rules. HB 59 Agriculture Rep. McKell Regulates the killing of feral swine and prohibits the 2 Support Modifications release of swine for hunting purposes. Passed House. Passed Senate. HB 78 Generator Site Rep. Dee Modifies the criteria under which the director of the 3 Support Access Permits Department of Environmental Quality may grant a Amendments generator of radioactive material a site access permit. Passed House. Passed Senate. HB 80 Transportation Rep. Snow Authorizes the Utah Department of Transportation to 2 Oppose Project Amendments assume federal responsibilities and liabilities for NEPA review of road projects. Passed House. Passed Senate. HB 95 Extension of Rep. Snow Extends the credit through 2016. In House Revenue and 2 Support Tax Credits for Energy Tax Committee. Efficient Vehicles Page 5 of 20 HB 102 Agriculture Rep. Perry States that a participant in an agriculture tourism activity 3 Studying Tourism may not make a claim against or recover damages from an operator for injury resulting from inherent risk or failure to exercise reasonable care. Passed House. In House NRAE. HB 108 Public Waters Rep. Pitcher Allows public access to waters and streams at or below the 1 Support Access Act ordinary high water mark for boating, fishing, swimming, and wading. Allows reasonable portage across private property to avoid obstructions in the waterway. In House Rules. 2nd Substitute HB 110 Rep. Arent Provides authority to the Division of Motor Vehicles to 2 Support Motor Vehicle revoke a vehicle’s registration if notified by a county Emissions health department that the vehicle is not in compliance Amendments with air emissions standards.
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