UTAH CONSERVATION COMMUNITY LEGISLATIVE UPDATE 2015 General Legislative Session Issue #6 March 7, 2015 Welcome to the 2015 Legislative Update issue will prepare you to call, email or tweet your legislators This issue includes highlights of week six, 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 Senators and Representatives and urge them to About the Legislative Update oppose SB 281 – Water Infrastructure Fund!! This bill would allow for funding to be targeted for The Legislative Update is made possible by the Utah construction the Lake Powell pipeline and the Bear Audubon Council and contributing organizations. Each River diversion project! The need for these projects Update provides bill and budget item descriptions and must be justified, environmental reviews completed and status updates throughout the Session, as well as important plans of financing made public before any money should be spent. Session dates and key committees. For the most up-to-date information and the names and contact information for all legislators, check the Legislature’s website at www.le.utah.gov. The Legislative Update focuses on legislative information pertaining to wildlife, sensitive and invasive species, public lands, state parks, SITLA land 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 News of the Sixth Week (# 6) Lake! Thanks and congratulations to all who advocated for this budget line item. HB 226 Air Quality Revisions, the bill to allow Utah to adopt standards “different” from those of the EPA passed There were no other changes to the DNR budgets. $3.5 m. the House and is awaiting Senate action. Prospects for was allocated to air quality issues, with the largest amount - Senate passage look fair. $2 m. in on-going funds - set aside for clean school buses (HB 49 – which originally requested $20 m.) HB 396 (Dee) Solid Fuel Burning is still alive, circled on the House 3rd Reading Calendar. Advocates are working to There are still moving pieces to the budget, and budget defeat it or amend it so that it maintains the status quo – details to be filled in. Plus there remain to be made big meaning there will be no seasonal ban on wood burning in decisions on funding for Utah Cares or Healthy Utah as well non-attainment areas (Wasatch Front, Uintah Basin). as transportation (gas tax hike/transit funding). The possible budget item we will watch mostly – and oppose most Proposals to explore expanding one and creating two new vigorously - is the Water Infrastructure Fund (SB 281). If state parks (Goblin Valley, Little Sahara, San Rafael Swell) enacted, this fund would be used to build the Lake Powell died quietly this week in committee. pipeline and the Bear River dams/diversions! HB 407 Scenic Byway Amendments (Noel) was altered to require approval of the legislative body of a local govern- ment and the Scenic Byway committee before billboards can What’s Ahead be built along a state or national Scenic Byway or All- American Road. We will work for additional amendments Standing Committees will continue to meet Monday and to further minimize the damages of this wayward effort to Tuesday mornings and afternoons. Tuesday evening, the accommodate the powerful billboard industry. House is expected to “wipe the boards” and send all bills still on the 3rd Reading Calendar back to Rules to be Budget News prioritized for floor debate (known as “sifting”). The Senate may or may not move to sifting, depending upon progress on Executive Appropriations finally met for the first time in their current calendars. weeks on Friday, and set the broad outlines of the new FY 2016 Budget and the uses of the current year (FY ’15) Sine die is Thursday midnight (at the latest). surpluses. The good news on the Natural Resources budget is that $500,000 (from the Sovereign Lands Account) has been reinstated for phragmites removal on the Great Salt 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 On Senate 3rd Reading Calendar. 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. Passed Senate 25-0-4 on 3/6. 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. On Senate 2nd Reading Calendar. 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. 3rd Substitute HB 49 Rep. Handy Latest substitute reduces the one-time appropriation of $20 2 Support Clean Fuel School million to $2 million for replacing or retrofitting older, Buses and high-emissions school buses with new clean fuel buses or Infrastructure engines. Passed House. On Senate 2nd Reading Calendar. 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. On Senate 2nd Reading Calendar. 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 Taxation 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. Passed Senate. 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. 2nd Substitute exempts semi- trucks. Passed House. On Senate 3rd Reading Calendar. HB 132 Interstate Rep. Stratton Adds financing provisions to the Interstate Compact. 2 Oppose Compact on Public Passed House. Passed Senate. Lands Transfers Fourth Substitute HB Rep. Webb Modifies requirements of the Division of Forestry, Fire 3 Neutral 140 Sovereign Lands and State Lands to issue permits to launch and retrieve Around Bear Lake boats on Bear Lake. Passed House. Passed Senate.