UTAH CONSERVATION COMMUNITY LEGISLATIVE UPDATE 2021 General Legislative Session Issue #2 January 31, 2021 Welcome to the 2021 Legislative Update issue will prepare you to contact your legislators with your This issue includes highlights of week two, 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]. Testimony in budget hearings by the Utah Inland Port Authority and State Institutional Trust Lands About the Legislative Update Administration (SITLA) revealed that both are moving The Legislative Update is made possible by the Utah ahead with plans to develop a new railyard – and will be Audubon Council and contributing organizations. Each seeking state funding for this effort. (See Budget News) This rail-to-truck transfer facility has been described as Update provides bill and budget item descriptions and the “lynchpin” to the success of the Port, but it has not status updates throughout the Session, as well as important been discussed publicly for more than a year. Session dates and key committees. For the most up-to-date information and the names and contact information for all Call your legislators and tell them to insist that UIPA come clean with their plans for this dirty new railyard. legislators, check the Legislature’s website at The public’s right-to-know what is being done with our www.le.utah.gov. The Legislative Update focuses on tax dollars is at stake. Tell legislators that NO public legislative information pertaining to wildlife, sensitive and money should be spent to develop this transfer station invasive species, public lands, state parks, SITLA land unless and until UIPA and SILTA make a public management, energy development, renewable energy and commitment to conduct a full environmental impact analysis! 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 15 We are hearing rumblings that there may be as many as News of Week Two (Week # 2) three separate appropriations or line items for Colorado River projects, which likely involve the stalled Lake Powell We’re told that the bill to merge DEQ and DNR and will be unveiled this week. It has produced strong Pipeline project. It’s unclear how Utah can negotiate its way opposition and may have lost some momentum, but around the veto of the LPP by the other six other Compact stopping this hostile takeover remains a top priority. states. Meat producing conglomerate Smithfield Foods and Both the House and Senate passed the Base Budget bills last week, and now begin the process of sorting through and their lobbyists are behind SB 130, which would require prioritizing requests for “new” money to add to programs most counties to designate lands where gigantic animal and services. This will continue through week 3, then be put farms (CAFOs) may be built. These monster farms on hold until February revenue projections are released and threaten surface and groundwater, air quality, and the final rush to finish the budgeting process concludes quality of life. So much for “local control”. We object! during the last week (7). SJR 7, the resolution to grant legislative approval to What’s Ahead Energy Solutions for a new landfill for slightly radioactive rubble from decommissioning nuclear We’ve learned that there will be a bill emerging soon to power plants nationwide won easy Senate approval and establish a Utah Lake Authority modeled after the UIPA (sponsor Rep. Brammer, R-Highland). The bill would usurp now heads to the House for further debate. taxing and zoning authority around the lake, violate the Public Trust, and pave the way for the development of the Budget News ridiculous “Fantasy Islands of Utah Lake”. Stay tuned! The Utah Inland Port Authority is requesting $2.8 m. more Schedules remain the same as last week. Appropriations in on-going funds for admin. And $1.1 m. one-time for work Subcommittees meet each morning from 8:00-10:50. on the “trans-loading facility”, i.e. the new highly-prized NRAEQ Appropriations meets on Monday, Wednesday and rail-truck transfer station on SITLA-owned land. SITLA is Friday. Standing Committees meet each day from 2-5. Both seeking funding and legislation to “clean up” the old SL chambers will be on the floor each day from 11 to 11:50. City landfill just north of I-80 at 7200 W. for that. House: https://le.utah.gov/~2021/schedule/h3b.pdf Senate: https://le.utah.gov/~2021/schedule/s3b.pdf Page 2 of 15 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 15 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 72-0-3 on 1/19. On Senate 2nd Reading Calendar. 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). Circled on the House 3rd Reading Calendar. HB 24 State Engineer Rep. Ferry Permits the state engineer to send electronic 3 Support Electronic communications under certain circumstances. Passed Communications House. On Senate 2nd Reading Calendar. 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. On Senate 2nd Plan Reading Calendar. 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. On Senate 2nd Reading Calendar. 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 15 public awareness about the risks of radon and ways to mitigate Utah residents' exposure to radon. Passed House. In Senate Rules Committee. HB 65 Wildland Fire Rep. Snider Appropriates $200,000 in on-going funds from the 2 Support Amendments Sovereign Lands Restricted Account to give a salary if from increase to wildland firefighters and requires the Division another of FFSL to develop and maintain a wildfire risk funding assessment mapping tool. In House NRAE Committee. source 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 NRAE 9-0-5 on 1/27. On House 3rd Reading Calendar. HB 83 Migratory Bird Rep. Ferry Extends the time for creating a migratory bird production 2 Support Production Area area, provides a process to add property to a migratory Amendments bird production area, provides for inclusion of 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. Will be heard in House NRAE Committee on Mon., 2/1. HB 89 Hydrogen Tax Rep. Sagers Creates tax credit provisions related to hydrogen energy. 3 Neutral Credit In House Rules. 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. In House Duty Vehicles Rules. 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 Rules. Amendments Page 5 of 15 HB 109 Wildlife Rep. Lyman Requires the Division of Wildlife Resources to deliver 3 Studying 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. In House NRAE. 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. On House 3rd Reading Calendar. 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.