| Members Present: Sen. Scott D. Sandall, Chair Rep. Stewart E. Barlow, House Chair Rep. Scott H. Chew, Vice Chair Sen. Nate Blouin Sen. Daniel McCay Sen. Ronald M. Winterton Rep. Carl R. Albrecht Rep. Tim Jimenez Rep. Brian S. King Rep. Steven J. Lund Rep. Phil Lyman | Rep. Doug Owens Rep. Ryan D. Wilcox Members Absent: Sen. David G. Buxton Sen. Lincoln Fillmore Rep. Michael L. Kohler Rep. Casey Snider Staff Present: Ivan D. Djambov, Finance Manager Lacey K. Moore, Finance Manager Karen C. Allred, Committee Secretary |
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Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.
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| 1.Call to Order |
| Chair Barlow called the meeting to order at 8:30 AM. |
| 2.Department of Agriculture and Food Fee Data Report |
| Melanie Henderson, Finance Manager, Department of Agriculture and Food (UDAF), gave a presentation on improvements and challenges of fee data collection. |
| 2) Department of Agriculture and Food Fee Data Report |
| Ivan Djambov, Finance Manager, Legislative Fiscal Analyst (LFA), commented on additional information LFA has collected on fees and progress made. |
| Sen. Sandall congratulated the Department of Agriculture on the work they have done on fees. |
| 3.Approval of Minutes of August 8th |
| MOTION:Rep. Lyman moved to approve the minutes of the August 8, 2023 meeting.The motion passed with a vote of 11-0-6. | |||
| Yeas - 11 | Nays- 0 | Abs- 6 | |
| Rep. C. Albrecht Rep. S. Barlow Sen. N. Blouin Rep. S. Chew Rep. T. Jimenez Rep. B. King Rep. S. Lund Rep. P. Lyman Rep. D. Owens Sen. S. Sandall Sen. R. Winterton | Sen. D. Buxton Sen. L. Fillmore Rep. M. Kohler Sen. D. McCay Rep. C. Snider Rep. R. Wilcox |
| 4.Accountable Budget Process - Final Vote |
| Chair Barlow explained that the committee would be voting on the Accountable Budget Process recommendations. |
| Lacey Moore, Finance Officer, LFA presented the recommendations for the 2023 Accountable Budget Process. |
| 4) Accountable Budget Process Presentation |
| 4) Accountable Budget Process - Base Budget Table |
| 4) Accountable Budget Process Final Recommendations |
| Rep. Jimenez asked if there was a reason the Office of Energy Development is not complying. Lacey Moore responded. |
| Rep. Albrecht commented that the topics included in the recommendations are being discussed by the other committees within the Legislature. |
| Chair Barlow asked if there were recommendations that should not be voted on. Rep. Albrecht responded. |
| Sen. Winterton said that recommendation number six for the Office of Energy Development should not be voted on because more discussion was needed. |
| Lacey Moore continued the presentation on recommendations for the Office of Energy Development. |
| Sen. Winterton commented that other discussions are going on to clarify the accelerated transition to the Department of Natural Resources of the Office of Energy Development. |
| Rep. Albrecht said that there are several bills in process related to the recommendations for the Office of Energy Development. |
| Rep. Lund asked about the agency involved. Lacey Moore responded. |
| Lacey Moore continued with the recommendations for the Office of Energy Development. |
| MOTION:House Chair Barlow moved to approve the following motions, excluding motion #6, for the Office of Energy Development. 1. Required Reports I move to request the Office of Energy Development to comply with UCA 79-6-203 as written and start reporting the required items annually to the Natural Resources, Agriculture, and Environment Interim committee. 2. Required Resources I move to request the Office of Energy Development to comply with UCA 79-6-201(2)(h) as written and make the required information available on the Office's website. 3. OED Appropriation Units I move to create the following appropriation units for the Office of Energy Development: OED Administration, Energy Tax Incentives, Federal Energy and Revolving Loan Programs, Energy Policy and Planning, State Grants and Projects. 4. Performance Measures for the Utah Energy Research Grant Program I move that the Office of Energy Development work with the Office of the Legislative Fiscal Analyst and propose at the beginning of the 2024 General Session line item measures for the Utah Energy Research Grant Program that measure the program's value and effectiveness. 5. Performance Measures that Capture Outcomes a. I move that the Office of Energy Development work with the Office of the Legislative Fiscal Analyst and propose at the beginning of the 2024 General Session to add performance measures to their annual legislative reporting that focus on outcomes of the office, and capture how well they are implementing the state energy policy, such as: • Average price paid per kilowatt hour (measuring energy affordability) • Number and duration of outages (measuring reliability of energy) • Renewable energy ratio or the percent of renewables as a percent of total energy consumed in the state (measuring how clean Utah’s energy is) • Annual statewide loss of load expectation (an industry metric that captures adequacy of energy resources) b. I move that the Office of Energy Development adopt best practices in developing actionable goals and recommendations for the state energy plan, and ensure that their line item measures align with the objectives and metrics of the state energy plan and report to the appropriation subcommittee during the 2024 General Session. 6. Accelerate the Transition to the Department of Natural Resources I move that this subcommittee goes on record as supporting amending statute to accelerate the transition of the Office of Energy Development to report exclusively to the Department of Natural Resources, and clarify if the Energy Advisor and the Director of the Office should be one or two employees. 7. Office Location I move to request the Department of Natural Resources work to find space to house the Office of Energy Development within its physical office building, providing the office with a plan and timeline for relocation, and report the progress during the 2024 General Session. 8. Audit Recommendations and Additional Staff I move to put on hold the funding for additional staff in the Office of Energy Development until the audit recommendations related to personnel and administration have been satisfied: • 2.1 We recommend the Office of Energy Development balance energy policy staff expertise to better fulfill their mandate of implementing the State Energy Policy and the governor’s energy goals. • 2.3 We recommend the Office of Energy Development develop goals, measures, and tracking to demonstrate accountability for office operations and to provide better direction moving f fprward. • 2.4 We recommend the Office of Energy Development establish stronger internal governance and inner-office continuity by updating job descriptions, policies and procedures, grant election criteria, and standard operating procedures to better fulfill its mandate. |
| Rep. Albrecht commented that he would be voting no to all of them, with Chair Barlow responding. |
| House Chair Barlow motionfailed with a vote 3-9-5. | |||
| Yeas - 3 | Nays- 9 | Abs- 5 | |
| Rep. S. Barlow Rep. B. King Sen. S. Sandall | Rep. C. Albrecht Sen. N. Blouin Rep. S. Chew Rep. T. Jimenez Rep. S. Lund Rep. P. Lyman Sen. D. McCay Rep. D. Owens Sen. R. Winterton | Sen. D. Buxton Sen. L. Fillmore Rep. M. Kohler Rep. C. Snider Rep. R. Wilcox |
| Lacey Moore explained the recommendations for Funds of the Division of Water Resources. |
| Rep. Lyman asked for history on the Conservation and Development fund. Lacey Moore responded. |
| Rep. Lund asked about sales tax revenues. Lacey Moore responded. |
| Rep. Chew asked for explanation on the Dam Safety projects. Lacey Moore responded. |
| MOTION:Sen. Winterton moved to approve following motions under Water Resources Funds: 9. Improve Statutory Language for Loan Funds I move that this subcommittee goes on record as supporting a rewrite of Chapter 10 of Title 73 to provide clarity and improve relevance, provide direction, and also consolidate language for the Conservation and Development Fund which is found in Tax Code. 10. Performance Measures for the C&D Fund I move that the Division of Water Resources work with the Legislative Fiscal Analyst to establish performance measures that capture the value provided by the funding for the State of Utah to be included in appropriations acts during the 2024 General Session. 11. Dam Safety Performance Measure I move that the Division of Water Resources change their performance measure "Percent of Appropriated Funding to be Spent on Dam Safety Projects" to "Number of High Hazard Dams in the State to be Upgraded."The motion passed with a vote of 13-0-4. | |||
| Yeas - 13 | Nays- 0 | Abs- 4 | |
| Rep. C. Albrecht Rep. S. Barlow Sen. N. Blouin Rep. S. Chew Rep. T. Jimenez Rep. B. King Rep. S. Lund Rep. P. Lyman Sen. D. McCay Rep. D. Owens Sen. S. Sandall Rep. R. Wilcox Sen. R. Winterton | Sen. D. Buxton Sen. L. Fillmore Rep. M. Kohler Rep. C. Snider |
| Lacey Moore explained the LFA recommendations for Water Rights. |
| Rep. Chew asked about the performance measures recommended for Water Rights. Lacey Moore responded. |
| MOTION:Rep. Chew moved to approve the following motions under Water Rights: 12. Performance Measures that Capture Outcomes I move the Division of Water Rights work with the Office of the Legislative Fiscal Analyst to develop performance measures that focus on their mission, such as: • Percent of systems in the state that are fully telemetered • Time-oriented goals for current adjudications, such as Completing the Bear River Adjudication by 2030; and • Percent of the Systems in the State that are over-allocated. 13. Maintenance and Operation of Stream Gauges I move that this subcommittee goes on record as supporting amending the language of UCA 73-2-1.6 to include maintenance and operation of stream gauges as an allowable use of the Water Rights restricted account. 14. Studying Available Supply (Unappropriated Water) I move that this subcommittee goes on record as supporting of amending the language of UCA 73-2-1.6 to include up to 5% of the received sales tax to be used for water supply studies to support the function of the Division.The motion passed with a vote of 7-5-5. | |||
| Yeas - 7 | Nays- 5 | Abs- 5 | |
| Rep. S. Barlow Sen. N. Blouin Rep. S. Chew Rep. B. King Rep. S. Lund Rep. D. Owens Sen. R. Winterton | Rep. C. Albrecht Rep. T. Jimenez Rep. P. Lyman Sen. D. McCay Rep. R. Wilcox | Sen. D. Buxton Sen. L. Fillmore Rep. M. Kohler Sen. S. Sandall Rep. C. Snider |
| Rep. Lyman said there is a bill on water inventory adjustments and made comments concerning the bill, and why his vote was no. A roll call vote was then taken on Rep. Chew's motion. |
| Ivan Djambov explained the recommendations for Wildlife Resources. |
| Rep. Albrecht expressed concern on the Predator Control Restricted Account Balance and State-owned Shooting Ranges. Ivan Djambov responded. |
| Rep. Lund asked how the Predator Control Account grows. Ivan Djambov responded. Rep. Lund also asked about cooperative agreements, with a response from Ivan Djambov and Riley Peck, Legislative Liaison, Division of Wildlife Resources. |
| Rep. Chew commented that the Department of Agriculture and Food has made adjustments which affects the participation of the federal government. Ivan Djambov responded. |
| MOTION:Rep. Chew moved to approve the following motions under Wildlife Resources: 15. Appropriation from the Aquatic Invasive Species Interdiction Account I move to reduce the appropriation from the Aquatic Invasive Species Interdiction Account to in FY 2024 and in FY 2025 to $1,400,000 per year with the following intent language: “Notwithstanding the legislative intent in S.B. 3, Item 439 (2023 General Session), the Legislature intends that that the Division of Wildlife Resources maintain its efforts to prevent aquatic invasive species spread into Bear Lake in FY 2024, with up to $200,000 to be spent on check stations for boats entering Bear Lake Valley, boat decontamination, public education, and related activities.” 16. State-owned Shooting Ranges Restricted Account I move to eliminate the appropriation from the Support for State-owned Shooting Ranges Restricted Account (GFR) and recommend the closure of this account. 17. Predator Control Restricted Account Balance I move that the Division of Wildlife Resources identify the purpose of the growing balance of the Predator Control Restricted Account and propose to the subcommittee a reasonable balance for the account during the 2024 General Session. 18. Wildlife Resources Conservation Easement Account Balance I move to request the Division of Wildlife Resources present a plan during the 2024 General Session for the balance in the Wildlife Resources Conservation Easement Account and explain the need for the $15,600 ongoing appropriation from the account. 19. Wildlife Resources Conservation Easement Account Balance I move to request the Division of Wildlife Resources Capital line item report for FY 2025 the number of separate hatcheries for its performance measure target (which currently is 13), and not the locations with hatcheries (which currently is 12). 20. Wildlife Resources Conservation Easement Account Balance I move to create the following appropriation units in the Cooperative Agreements line item: · Federal Agreements, · State Agreements, and · Other AgreementsThe motion passed with a vote of 12-0-5. | |||
| Yeas - 12 | Nays- 0 | Abs- 5 | |
| Rep. C. Albrecht Rep. S. Barlow Sen. N. Blouin Rep. S. Chew Rep. T. Jimenez Rep. B. King Rep. S. Lund Rep. P. Lyman Sen. D. McCay Rep. D. Owens Rep. R. Wilcox Sen. R. Winterton | Sen. D. Buxton Sen. L. Fillmore Rep. M. Kohler Sen. S. Sandall Rep. C. Snider |
| Ivan Djambov explained the final required final motion. |
| MOTION:Chair Barlow moved under Joint Rule 3-2-101 and 3-2-402, to authorize legislative staff to include the following in the base budget bill for the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee: 1. The accountable process budget changes adopted earlier today; 2. Ongoing General and Income Tax Fund appropriations defined in the current year's appropriations acts; 3. Federal Fund, Dedicated Credit, Restricted fund and account amounts that are the lesser of current year ongoing appropriations or agency budget requests; 4. Adjustments to nonlapsing balances, transfers, and other dependent amounts as calculated. In consultation with the Co-Chairs of the Appropriations Subcommittee, staff may make any technical changes necessary, including balancing between the General Fund and Income Tax Fund, in order to balance the overall budget to authorize legislative staff to include the following in the base budget...The motion passed with a vote of 12-0-5. | |||
| Yeas - 12 | Nays- 0 | Abs- 5 | |
| Rep. C. Albrecht Rep. S. Barlow Sen. N. Blouin Rep. S. Chew Rep. T. Jimenez Rep. B. King Rep. S. Lund Rep. P. Lyman Sen. D. McCay Rep. D. Owens Rep. R. Wilcox Sen. R. Winterton | Sen. D. Buxton Sen. L. Fillmore Rep. M. Kohler Sen. S. Sandall Rep. C. Snider |
| 5.High-Risk List: Identifying and Mitigating Critical Vulnerabilities in Utah |
| Darin Underwood, Deputy Auditor General, Office of Legislative Auditor General (OLAG) introduced Andrew Poulter, Legislative Performance Auditor, OLAG, and explained a Legislative Audit on identifying and mitigating critical vulnerabilities in Utah. |
| Andrew Poulter explained the 12 high-risk areas identified from the audit. |
| Darin Underwood explained the implementation status and the progress of the high risk areas from the audit. Darin Underwood and Andrew Poulter explained Utah's Water Needs. |
| 6.Waste Tire Recycling Fund and Used Oil Program |
| Doug Hansen, Division Director, Division of Water Management and Radiation Control, explained the Used Oil Program. |
| 6) Waste Tire Recycling Fund and Used Oil Program |
| Rep. Chew commented on used oil. Terry Camp, Vice President of Public Policy, Utah Farm Bureau Federation, made a public comment on the used oil recycling program. |
| Doug Hansen explained the Waste Tire Recycling Fund Program. |
| Rep. Chew made a comment on the tire recycling fund, saying that more information needs to be given to small landfills. Doug Hansen responded. |
| 7.Great Salt Lake Watershed Enhancement Trust |
| Jamie Barnes, State Forester/Division Director, Division of Forestry, Fire, and State Lands, explained an update on the Great Salt Lake Watershed Enhancement Trust. |
| 7) Great Salt Lake Watershed Enhancement Trust |
| Rep. Lund asked how the trust is audited. Jamie Barnes and Marcelle Shoop, Executive Director, Great Salt Lake Watershed Enhancement Trust/Director, of Saline Lakes for the Audubon Society, responded. |
| Rep. Lyman commented on money going to non-governmental agencies. |
| Rep. Albrecht asked about the size of the trust board and the funding. Jamie Barnes and Marcelle Shoop responded. |
| Rep. Wilcox asked about the involvement of agencies. Jamie Barnes responded. |
| Rep. Owens asked how funding is distributed, the decisions of the board, and if there is any public input. Jamie Barnes and Marcelle Shoop responded. |
| MOTION:Rep. Owens moved to adjourn. |
| 8.Adjourn |
| Chair Barlow adjourned the meeting at 10:58 AM |