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This is the notification div
Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee - February 13, 2017
210 Senate Building
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Recording 1
Chair Ivory called the meeting to order at 4:09 p.m.
Approval of Minutes
There were no minutes to approve.
Greater Sage - Grouse Litigation
Ms. Bridget Romano, Civil Chief Deputy, Attorney General, discussed the building block request for Greater-Sage Grouse Litigation - $1,000,000 FY 2018 General Fund One-time.
Final Voting
Voting Packet
Mr. Ivan Djambov, Fiscal Analyst, LFA, reviewed the table of contents for the voting packet. The packet represents the chairs' proposal for Federal Funds, Fees, Legislative Intent Language, Internal Transfers, Non-General Fund Increases, One-time General Fund Changes, and Ongoing General Fund Changes.
1. Federal Funds
Rep. Kay J. Christofferson inquired about opportunities to prioritize funding requests. Mr. Djambov responded.
Chair Ivory called attention to Item 1 - Federal Funds on page 1 of the voting packet.
Sen. Hinkins moved to approve the federal funds requested by the agencies, as presented by the Fiscal Analyst on Feb. 3, 2017 in a document titled Agencies' Requests for Federal Funds that can be found on our subcommittee's webpage under link "New Federal Funds." The motion passed with a vote of 17-0-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
2. Fees
Mr. Djambov explained that Item 2b represents five new fees for the Office of Energy Development. In order for these fees to take effect, the Legislature will need to pass legislation that enables the OED to charge fees.
Sen. Hinkins moved to approve the fees for the agencies in this subcommittee, as presented by the Fiscal Analyst on Feb. 3, 2017 that can be found on our subcommittee's webpage under "New Fees Bill (SB0008)," with the following changes as listed on page 1 of the voting packet. The motion passed with a vote of 17-0-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
3. Legislative Intent Language
Mr. Djambov called attention to four pieces of new intent language, Items 3a through -3d, in additional to the intent language previously presented to the subcommittee.
Rep. Michael E. Noel stated that he had some intent language that he would like to add to the list of new intent language. He offered to provide copies of the intent language for the subcommittee to review.
Sen. David P. Hinkins suggested that the subcommittee move onto Internal Transfers and return to Fees later on in the meeting.
4. Internal Transfers
Mr. Djambov discussed Internal Transfers for Items 4a-DEQ Internal Transfers, 4b-Agriculture Internal Transfers, and 4c-SITLA Internal Transfers.
Sen. Hinkins moved to approve the internal transfers within the Department of Environmental Quality as listed for Item 4a; the internal transfers within the Department of Agriculture and Food as listed for Item 4b; and the internal transfers within SITLA as listed for Item 4c on page 6 of the voting packet. The motion passed with a vote of 17-0-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
Mr. Djambov displayed Rep. Noel's intent language, which was followed by some discussion. Rep. Noel indicated that the intent language reflects an appropriation greater than the amount specified in Item 2 - Foundation for Integrated Resource Management (FIRM) on the One-Time General Fund Priority List for EAC. The chairs indicated that the amount could be changed when the subcommittee considers items on page 8 of the voting packet.
3. Legislative Intent Language
Sen. Hinkins moved to approve the legislative intent language as presented, starting on page 2 of the voting packet, with the following changes (underlined). The motion passed with a vote of 17-0-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
5. Non-General Fund Increases
Rep. Christofferson spoke to the missing request of $50,000 FY 2018 Ongoing that needed to be added to Line 6 - DNR-Forestry - Sovereign Lands Management on page 7.
Rep. Lee Perry inquired what account within the Department of Public Safety Restricted Account, would Line 10 - Air Quality Monitoring be funded.
Mr. Alex Wilson, Fiscal Analyst, LFA, explained that LFA had recommended that registration and license fees could be used to help remedy the pollution that vehicles create.
Rep. Greene moved to amend the Non-General Fund Increases list on page 7, Line 24 - Utah Lake Carp Removal and change the $400,000 FY 2018 ongoing to $400,000 FY 2018 one-time. The motion passed with a vote of 17-0-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
Rep. Christofferson moved to add $50,000 FY 2018 Ongoing to Line 6 - DNR - Sovereign Lands Management. The motion passed with a vote of 17-0-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
Sen. Hinkins moved to approve the requests for funding from the Non-General Fund sources as amended as listed on page 7 of the voting packet as amended. The motion passed with a vote of 17-0-02. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
6A. One-Time General Fund: Internal Reallocations
Mr. Djambov briefly explained table for Item 6A. One-Time General Fund: Internal Reallocations, and the table for Item 6B. One-Time General Fund Priority List for EAC.
Sen. Hinkins moved to approve Item 6A. One-Time General Fund: Internal Reallocations list as presented in Section A on page 8 of the voting packet. The motion passed with a vote of 17-0-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
6B. One-Time General Fund Priority List for EAC
Rep. Handy moved to amend Item 10 - HB 29 Energy Efficient Vehicles Tax Credit Amendments (Handy, Stephen) on 6B. to $403,000 General Fund One-Time. The motion passed with a vote of 17-0-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
Rep. Greene wanted to know if we had any indication how much money will be allocated to the subcommittee for the one-time GF requests. Mr. Djambov said that the EAC does not allocate one-time monies to the subcommittees.
Rep. Noel moved to amend Line 2 on Item 6B, to change $100,000 to $400,000 with $150,000 for Foundation for Integrated Resource Management; $100,000 for Rural Utah Alliance; and $150,000 to the Constitutional Defense Council for for sovereignty grants.
Rep. Noel designated how the intent language would split out the funding: $150,000 for the Foundation for Integrated Resource Management (FIRM); $100,00 for the Rural Utah Alliance; and $150,000 for rural sovereignty grants.
Rep. Michael E. Noel spoke to the motion.
Sen. Jim Dabakis expressed concern about the funding for the Rural Utah Alliance.
Rep. Keven J. Stratton spoke in favor of the motion.
Sen. Evan J. Vickers inquired about the corresponding intent language to go along with Rep. Noel's motion to amend.
Rep. Michael E. Noel withdrew his motion so that intent language could be prepared.
Rep. Chew moved to amend line 16 on Item 6B to change PLPCO to Attorney General's Office . The motion passed with a vote of 17-0-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
Ms. Kimberlee Smelling, Administration and Finance, Attorney General's Office, stated that the AG's Office holds the contracts with outside counsel so it would make sense to have the money appropriated to the AG's Office.
Rep. Noel moved to amend Line 2, Foundation for Integrated Resource Management (FIRM) on Table 6B to change $100,000 to $400,000 as reflected on the screen as highlighted with the following intent language: The Legislature intends that the $150,000 appropriation be used to support the Foundation for Integrated Resource Management’s efforts to advocate for the State of Utah’s rights to use and access federal public lands for multiple use and sustained yield. The Legislature intends that the $100,000 appropriation for Rural Utah Alliance to continue to defend and protect rural counties' interests by providing legal assistance to counties and county officials when faced with public (federal) land use, access and ownership legal issues. This appropriation may not be used for criminal defense, past or future. The Legislature intends that the $150,000 appropriation be used as a grant program to support rural Utah counties and initiatives challenging federal restrictions and actions, that prohibit or harm resource use, access and development on public (federal) lands. The Legislature intends that the Public Lands Coordinating Office utilizes existing funds to acquire a Sports Utility Vehicle to be utilized by attorneys and support staff located in Southern Utah. The motion passed with a vote of 14-3-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dayton M, Ipson D, Vickers E, Christofferson K, Greene B, Handy S, Hawkes T, Noel M, Perry L, Roberts M, Stratton K Voting in the negative were: Dabakis J, Duckworth S, Kwan K Absent or not voting were: Knudson P, Okerlund R
Rep. Michael E. Noel spoke to the motion and responded to committee questions.
Rep. Christofferson moved to insert line 16 between lines 4 and 5 on the 6B list. The motion failed with a vote of 9-8-2. Voting in the affirmative were: Ivory K, Chew S, Christofferson K, Greene B, Hawkes T, Noel M, Perry L, Roberts M, Stratton K Voting in the negative were: Hinkins D, Dabakis J, Dayton M, Ipson D, Vickers E, Duckworth S, Handy S, Kwan K Absent or not voting were: Knudson P, Okerlund R
Rep. Brian M. Greene spoke in favor of the motion.
Sen. Dayton moved to add Utah's Own for $75,000 GF one-time to the list as Item 10 and adjust everything down. The motion passed with a vote of 16-1-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Voting in the negative was: Christofferson K Absent or not voting were: Knudson P, Okerlund R
Rep. Karen Kwan moved to switch Line 14 - Air Quality Research with Line 13 - Avian Sanctuary and Protection.
Substitute Motion: Rep. Noel moved to approve the list as amended. The motion passed with a vote of 12-5-2. Voting in the affirmative were: Hinkins D, Dayton M, Ipson D, Vickers E, Chew S, Christofferson K, Handy S, Hawkes T, Ivory K, Noel M, Perry L, Stratton K Voting in the negative were: Dabakis J, Duckworth S, Greene B, Kwan K, Roberts M Absent or not voting were: Knudson P, Okerlund R
7. Ongoing General Fund Changes
Mr. Djambov explained Item 7A. Ongoing General Fund: Internal Reallocations.
Sen. Hinkins moved to approve the Ongoing General Fund for the Internal Reallocations list as presented in Section A on page 9 of the voting packet. The motion passed with a vote of 17-0-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
7B. Ongoing General Fund Priority List for EAC.
Mr. Djambov called attention to the three items on the ongoing priority list that the chairs had prioritized.
Sen. Evan J. Vickers asked for more information on Item 3, DNR Pass Through Account for Continuation of Contract (Noel, Michael E.)
Sen. Jim Dabakis spoke against providing additional funding for Item 3.
Rep. Brian M. Greene asked for a clarification on scope of the contract for Item 3. Rep. Noel commented on the various components of the current contract and the need to keep legislators informed.
Mr. Michael R. Styler, Executive Director, Department of Natural Resources, RFP given to a firm called STAG consulting, public education, outreach, and lobbying. Contract was amended. Quarterly payments on quarterly report.s
Mr. Dennis Carver, Director, DNR Administration spoke to the audit that was completed by OLAG issue on the wolf part of the contract. The contract is renewable up to five years. not sage grouse. It is available. wolf expires at the end of this year. Terms of the contract. Is the request for the sage grouse or wolf.
Rep. Michael E. Noel spoke to the contract. Chairs need to sit down to go through how we deal with this. The $2 million would go to the sage grouse contract. Scope of contract.
Rep. Hawkes commented that he had some concerns regarding oversight, accountability, reporting, and return on investment. He noted that intent language may not be a viable option.
Mr. Michael R. Styler, Executive Director, Department of Natural Resources, responded. There has been more work done than is reflected in the quarterly reports. He has urged contractors to meet with at least the chairs of this committee and give a high level briefing on what is being done.
Rep. Marc K. Roberts what year are we into the five years to renew. Mr. Styler indicated year 3. spoke to the issue. contract renewal. intent language.
Sen. Jim Dabakis said that this contract has not been upfront, and the activity does not reflect what has been done. He soke spoke to the issue. This contract has not been upfront, confidential, quarterly reports? lack of information. Dump the whole thing. Clearly state where we want to go and lets not have any friends and start all over again. Challenge from day one.
Sen. Vickers moved to approve the prioritized list of Ongoing General Fund Prioritized List for EAC as presented in Section B on page 9 of the voting and ask EAC to consider additional intent language on Item 3 to clarify reporting conditions, term of contract, transparency, and scope of contract. (and sunset of contract.)
Rep. Greene expressed his support for the motion but was not certain whether or not we have the authority to insert intent language. LRGC response Eric Weeks said that these are not controls that we can require of the Executive Branch. Djambov . Left him powerless to put on an appropriate check. Said that he would be fine with one time money. should not put intent language in and let EAC do it. Spoke highly of the program cause it is a major issue to Utah. More forward and support this issue.
Sen. Evan J. Vickers withdrew his motion.
Sen. Evan J. Vickers
Sen. Vickers moved to approve the list on 7B with Item 3 with a one year sunset.
Rep. Hawkes spoke in favor of the motion along with the need for oversight, reporting, and accountability.
Rep. Noel spoke to the motion and recommended leaving Priority 3 on the list as is.
Substitute Motion: Sen. Dabakis moved to pass the ongoing General Fund Priority List for EAC with Items 1 and 2, and drop Item 3 from the list. The motion failed with a vote of 5-12-2. Voting in the affirmative were: Dabakis J, Greene B, Hawkes T, Kwan K, Roberts M Voting in the negative were: Hinkins D, Ivory K, Chew S, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Handy S, Noel M, Perry L, Stratton K Absent or not voting were: Knudson P, Okerlund R
Sen. Vickers asked for additional clarification on what is an appropriate motion.
Sen. Vickers withdrew his motion.
Rep. Perry moved to move Item 3 on 7B list to Item 2 on the 6B list and pass out both lists as amended.
Substitute Motion. Rep. Stratton moved to approve the prioritized list of Ongoing General Fund Prioritized List for EAC as presented in Section B on page 9 of the voting packet. The motion passed with a vote of 11-6-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dayton M, Ipson D, Vickers E, Christofferson K, Handy S, Noel M, Perry L, Stratton K Voting in the negative were: Dabakis J, Duckworth S, Greene B, Hawkes T, Kwan K, Roberts M Absent or not voting were: Knudson P, Okerlund R
Sen. Hinkins moved to adjourn. The motion passed with a vote of 17-0-2. Voting in the affirmative were: Hinkins D, Ivory K, Chew S, Dabakis J, Dayton M, Ipson D, Vickers E, Christofferson K, Duckworth S, Greene B, Handy S, Hawkes T, Kwan K, Noel M, Perry L, Roberts M, Stratton K Absent or not voting were: Knudson P, Okerlund R
Chair Ivory adjourned the meeting at 6:03 p.m.
Approval of Minutes
Approval of Minutes
Greater Sage - Grouse Litigation
Greater Sage - Grouse Litigation
Final Voting
Final Voting
Other Business/Adjourn
Other Business/Adjourn
AGENDA
AGENDA
MINUTES
MINUTES
NOTICE
NOTICE
Voting Packet
Voting Packet
Voting Packet, RESULTS
Voting Packet, RESULTS
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