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MINUTES OF THE

PUBLIC UTILITIES & TECHNOLOGY STANDING COMMITTEE

Room 225 - State Capitol Building

January 29, 2004

                                
MEMBERS PRESENT:        Rep. Stephen H. Urquhart, Chair    
                    Rep. Glenn A. Donnelson, Vice Chair
                    Rep. Sheryl L. Allen
                    Rep. Ralph Becker
                    Rep. Chad E. Bennion
                    Rep. Brent H. Goodfellow
                    Rep. Ty McCartney
                    Rep. Michael E. Noel             
                    Rep. Gordon E. Snow

MEMBERS ABSENT:        Rep. Greg J. Curtis
                    Rep. Michael R. Styler
                    Rep. David Ure         

STAFF PRESENT:            Richard North, Policy Analyst
                    Cherri White, Committee Secretary        

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

Chairman Urquart indicated that H.B. 36 would not be heard in today's meeting at the sponsors request.

International Trade Negotiations (GATS) and State Regulated Monopolies

Representative Allen reviewed for the committee the draft letter being considered regarding GATS and the concerns of the Legislature in connection with this proposed change. Additionally, Representative Allen indicated that having the Senate join with the House in sending this communication would be more effective. Representative Allen also indicated a response from Ambassador Zoellick to the following questions would be appreciated.

1.    Please Identify any trade commitment that would affect Utah's right to regulate its public service sectors.

2.    How will you involve the State of Utah in the GATS process?

3.    Please identify the parties to the negotiations, and the date, location, and times of future meetings.

4.    Please identify, in writing, any cost/benefit analyses that are associated with GATS trade commitments.

5.    What public sectors in the United States of America would be effected by any trade commitments?

MOTION:    Representative Snow moved that the committee send a letter to Ambassador Robert Zoellick with the signature of the committee chair and vice-chair. Additionally, that the Senate also send a letter, and that the questions be included with the letter.

The motion passed unanimously with Representatives Bennion, Curtis, Goodfellow, McCartney Noel, Styler, and Ure absent for the vote.

H.B. 229    Public Utility Easements     (Rep. R. C. Webb)

Prior to introducing the bill Representative Webb indicated that he had two amendments to the bill he would like the committee to consider.

MOTION:    Representative Donnelson moved to amend:
1.    Page 2, Line 36 :    

             36      expense of the public utility, any
  boundary line fence,       grass, soil, gravel, flat concrete, or asphalt damaged or

2.    Page 2, Lines 43 through 58 :    

             43      owner may not, within a public
  utility       easement, build or allow to be built any structure requiring slab

             44      support or footings.
             45          
[[   (5) A property owner may not change the contour of the ground within a public utility

             46      easement if the change results in a natural gas pipeline having less than the greater of:
             47          (a) 24 inches of ground cover; or
             48          (b) the amount of ground cover otherwise required by federal, state, or local law.   ]]
             49          
[[   (6)   ]]        (5)       (a) Except as provided in Subsection      [[   (6)   ]]        (5)       (b), a public utility easement is

             50      nonexclusive and may be used by more than one public utility.
             51          (b) Notwithstanding Subsection
[[   (6)   ]]        (5)       (a), a public utility may not:

             52          (i) interfere with any facility of another public utility within the public utility easement;
             53      or
             54          (ii) infringe on the legally required distances of separation between public utility

             55      facilities required by federal, state, or local law.
             56          
[[   (7)   ]]        (6)       A subdivision plat that includes a public utility easement may not receive final

             57      approval for recording by a municipality or county unless
  the subdividor has provided the municipality or county with proof that       each public utility holding an interest

             58      in the public utility easement has
  , as a courtesy,       been notified        at least       14 calendar days prior to recording.


The motion passed unanimously with Representatives Curtis, Goodfellow, McCartney Styler, and Ure absent for the vote.

MOTION:    Representative Snow moved to amend:

1.    Page 2, Lines 42-44:    Delete lines 42-44.

The motion passed unanimously with Representatives Curtis, Goodfellow, McCartney, Styler and Ure absent for the vote.

The sponsor then introduced the bill and explained its intent.

Ruland Gill, Questar, addressed questions from the committee.

Representative Adams, and Bryan Kohler, Realtors spoke in favor of the bill.

MOTION:    Representative Bennion moved to pass the bill out favorably as amended. The motion passed unanimously with Representatives Curtis, McCartney, Snow, Styler, and Ure absent for the vote.

H.B. 36    Management, Enhancement, and Funding of 911 System     (Rep. B. Dee)

This bill was not heard by the committee at the request of the sponsor.

MOTION:    Representative Donnelson moved to adjourn. The motion passed unanimously with Representatives Curtis, McCartney, Snow, Styler, and Ure absent for the vote. The meeting adjourned at 8:50 a.m.



                             _______________________________
                            Rep. Stephen H. Urquhart, Chair