MINUTES OF THE

SENATE NATURAL RESOURCES, AGRICULTURE & ENVIRONMENT

STANDING COMMITTEE

Room 415, Utah State Capitol

March 2, 2015

Members Present: Sen. Scott K. Jenkins, Chair

Sen. Allen M. Christensen

Sen. Margaret Dayton

Sen. Jani Iwamoto

Sen. Peter C. Knudson

Sen. Brian E. Shiozawa

Sen. Evan J. Vickers

Staff Present: Brian Allred, Policy Analyst

Lorna Wells, Committee Secretary

NOTE: A list of visitors and a copy of handouts are filed with the committee minutes.

Sen. Jenkins relinquished the chair to Sen. Dayton. Acting Chair Dayton called the meeting to order at 4:10 p.m.

MOTION: Sen. Christensen moved to approve the minutes of the February 24 and 26, 2015 meetings. The motion passed unanimously with Sen. Jenkins, Sen. Knudson, and Sen. Vickers absent for the vote.

S.B. 234

Utah Fire Prevention Board Amendments (Sen. H. Stephenson)

Sen. Stephenson explained the bill to the committee.

MOTION: Sen. Christensen moved to adopt the following amendment:

1. Page 2, Lines 28 through 29:

28 (2) The board shall be nonpartisan and be composed of [10] {13} 16 members appointed by

29 the governor as follows:

2. Page 2, Line 34:

34 (e) the state forester or the state forester's designee ;

3. Page 2, Lines 42 through 45:

42 (l) a fire executive appointed from a full-time fire department in a county of the second

43 class; {and}

44 (m) a fire executive appointed from a fire department in a county of the third {, fourth,

45 fifth, or sixth} class {.} ;

(n) a fire executive appointed from a fire department in a county of the fourth

class;

(o) a fire executive appointed from a fire department in a county of the fifth class;

and

(p) a fire executive appointed from a fire department in a county of the sixth class.

The motion passed unanimously with Sen. Jenkins and Sen. Vickers absent for the vote.

Spoke for the bill: Mr. Michael Jensen, Chief, Unified Fire Authority

Mr. John D. Hiskey, Deputy Mayor, Sandy City

Spoke to the bill: Mr. Coy Porter, State Fire Marshall

Mr. Craig Humphreys, Logan, Fire Prevention Board

Mr. Rod Hammer, Cache County Fire Chief

Mr. Gil Rodriguez, Murray City Fire Chief

MOTION: Sen. Christensen moved to pass the amended bill out favorably. The motion passed with Sen. Jenkins and Sen. Vickers absent for the vote.

S.C.R. 10

Concurrent Resolution Regarding Public Lands Initiative (Sen. D. Hinkins)

Sen. Hinkins explained the bill to the committee.

Spoke for the bill: Mr. Kevin Carter, Director, Utah Trust Lands Administration

Mr. Redge Johnson

MOTION: Sen. Christensen moved to pass the bill out favorably. The motion passed unanimously with Sen. Jenkins and Sen. Vickers absent for the vote.

H.B. 102

Agricultural Tourism Amendments (Rep. L. Perry)

Rep. Perry explained the bill to the committee. He distributed a brochure entitled “Utah Agriculture and Food.”

Sen. Jenkins resumed the Chair.

Spoke for the bill: Ms. LuAnn Adams, Commissioner, Department of Agriculture & Food

Mr. Sterling Brown, Utah Farm Bureau

MOTION: Sen. Christensen moved to pass the bill out favorably. The motion passed unanimously.

MOTION: Sen. Christensen moved to place the bill on the consent calendar. The motion passed unanimously.

H.B. 212

Wildland Fire Liability Amendments (Rep. M. Wheatley)

Rep. Wheatley explained the bill to the committee.

Spoke to the bill: Mr. Jason Curry, State Forestry and Lands

MOTION: Sen. Christensen moved to adopt the following amendment:

1. Page 2, Lines 31 through 35:

31 (d) fires [any] a tracer or incendiary ammunition [anywhere except]:

32 (i) anywhere except within the confines of established military reservations[.]; or

33 (ii) except with the written permission of the director of the Division of Forestry, Fire,

34 and State Lands, given upon written request, if the director :

(A) specifies a limited period of time

35 and a limited area in which the ammunition may be used {.} ; and

(B) issues the written permission in accordance with this title and applicable rules.

The motion failed with Sen. Christensen, Sen. Iwamoto, and Sen. Vickers voting in favor with Sen. Knudson absent for vote.

MOTION: Sen. Dayton moved to pass the original bill out favorably. The motion passed unanimously with Sen. Knudson absent for the vote.

1st Sub. H.B. 254

Livestock Branding Amendments (Rep. M. Noel)

Rep. Noel explained the bill to the committee.

Spoke for the bill: Mr. Cody James, State Brand Inspector

Mr. Redge Johnson

MOTION: Sen. Dayton moved to pass the bill out favorably. The motion passed unanimously with Sen. Knudson absent for the vote.

MOTION: Sen. Shiozawa moved to place the bill on the consent calendar. The motion passed unanimously with Sen. Knudson absent for the vote.

H.B. 229

Air Quality Modifications (Rep. R. Edwards)

Rep. Edwards explained the bill to the committee.

Spoke for the bill: Mr. Bryce Bird, Director, Department of Air Quality

MOTION: Sen. Dayton moved to pass the bill out favorably. The motion passed unanimously with Sen. Knudson and Sen. Vickers absent for the vote.

H.B. 259

Amendments to Powers and Duties of State Parks (Rep. K. Powell)

Rep. Powell explained the bill to the committee.

MOTION: Sen. Dayton moved to pass the bill out favorably. The motion passed unanimously with Sen. Knudson absent for the vote.

MOTION: Sen. Dayton moved to place the bill on the consent calendar. The motion passed unanimously with Sen. Knudson absent for vote.

H.B. 317

Destruction of Livestock (Rep. M. Nelson)

Rep. Nelson explained the bill to the committee.

Spoke for the bill: Mr. Cody James, Livestock Inspection Bureau

Mr. Sterling Brown, Utah Farm Bureau

MOTION: Sen. Dayton moved to pass the bill out favorably. The motion passed unanimously with Sen. Knudson absent for the vote.

MOTION: Sen. Dayton moved to place the bill on the consent calendar. The motion passed unanimously with Sen. Knudson and Sen. Shiozawa absent for vote.

H.B. 226

Air Quality Revisions (Rep. R. Edwards)

Rep. Edwards explained the bill to the committee.

MOTION: Sen. Christensen moved to adopt the following amendment:

1. Page 1, Line 27 through Page 2, Line 36

House Committee Amendments

2-17-2015:

27 (1) (a) [Except as provided in Subsection (2), no rule which the] In carrying out the duties

28 of Section 19-2-104, the board [makes] may make rules for the purpose of administering a

29 program under the federal Clean Air Act [may be] Ĥ➔ [more stringent] different »Ĥ

than the

29a corresponding

30 federal regulations which address the same circumstances[.] if:

31 {(a)} (i) the board holds a public comment period, as described in Title 63G, Chapter

3,

32 Utah Administrative Rulemaking Act, and a public hearing; and

33 {(b)} (ii) the board finds that the Ĥ➔ [more stringent] different »Ĥ rule will

provide reasonable

33a added

34 protections to public health or the environment of the state or a particular region of the state.

(b) The board shall consider the differences between an industry that continuously

produces emissions and an industry that episodically produces emissions, and make rules

that reflect those differences.

35 (2) The findings described in Subsection {(1)(b)} (1)(a)(ii) shall be:

36 (a) in writing; and

The motion passed unanimously with Sen. Knudson and Sen. Shiozawa absent for the vote.

Spoke to the bill: Mr. Bryce Bird, Director, Division of Air Quality

Spoke for the bill: MS. Alicia Connell, Communities for Clean Air Co-founder

MOTION: Sen. Christensen moved to pass the bill out favorably. The motion passed unanimously with Sen. Knudson absent for the vote.

MOTION: Sen. Christensen moved to adjourn. The motion passed unanimously.

Chair Jenkins adjourned the meeting at 5:50 p.m.

________________________

Sen. Scott K. Jenkins, Chair