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NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE
Members Present: Rep. Roger E. Barrus, Chair
Rep. Michael E. Noel, Vice Chair
Rep. Jackie Biskupski
Rep. Craig W. Buttars Rep. Margaret Dayton
Rep. Carl W. Duckworth
Rep. James R. Gowans Rep. Bradley T. Johnson
Rep. John G. Mathis
Rep. Patrick L. Painter
Rep. David Ure
Rep. Mark W. Walker
Rep. Mark A. Wheatley
Rep. Richard Wheeler
Staff Present: Brian Allred, Policy Analyst
Linda Error, Committee Secretary
Visitors List: List filed with Committee Minutes
Rep. Barrus called the meeting to order at 4:09 p.m.
MOTION: Rep. Gowans moved to approve the minutes of the February 8, 2005 meeting. The motion passed unanimously, with Rep. Buttars, Rep. Cox, Rep. Johnson, Rep. Mathis, and Rep. Walker absent for the vote.
H.B. 242 Criminal Penalty for Animal Cruelty (Rep. S. Wyatt)
Rep. Wyatt explained the bill.
MOTION: Rep. Biskupski moved to amend the bill as follows:
1. Page 1, Line 17 :
17
{
. changes the intent provisions regarding abandonment and animal
fighting;
}
. clarifies the general applicability of the exemption for acting under a legal privilege;
. clarifies the general applicability of the exemption for acting under a legal privilege;
2. Page 1, Line 18 :
. clarifies the general applicability of the exemption for acting under a legal privilege;
. provides an exemption for animals kept and used for training hunting dogs and falcons;
18 . includes the offense of seriously injuring an animal;
3. Page 2, Lines 54 through 55 :
54 husbandry practices;
{
and
}
55 (C) protected and unprotected wildlife as defined in Section 23-13-2
and
(D) animals kept or owned for the purpose of hunting dog or falcon training and cared for in accordance with accepted husbandry practices
.
4. Page 3, Line 63 :
63 (i) appropriate and essential food and
{
potable
}
water;
5. Page 3, Lines 65 through 66 :
65 (iii) adequate protection, including appropriate shelter, against extreme weather
66 conditions
{
, including extremes of cold, heat, and precipitation
}
.
6. Page 3, Line 67 :
67 [
, without having
legal privilege to do so,
intentionally, knowingly,
7. Page 3, Lines 80 through 88 :
80 [
,
without having legal privilege to do so
:
81 [
82
{
(a) without having a legal privilege to do so:
}
83 [
(a)
(i) administers or causes to be administered poison or poisonous
substances to an
88 (c) kills or causes to be killed an animal
{
without having a legal privilege to do
so
}
,
The motion to amend passed unanimously, with Rep. Buttars, Rep. Johnson, Rep. Mathis, and Rep. Walker absent for the vote.
Spoke for the bill: Rep. Neil Hansen, House of Representatives
MOTION: Rep. Biskupski moved to pass the bill out favorably as amended.
SUBSTITUTE
MOTION: Rep. Ure moved to amend the bill as follows:
1. Page 1, Line 11 After "definitions." delete "This bill also increases the penally by one degree if cruelty to an"
2. Page 1, Line 12 delete
3. Page 1, Line 27 delete
4. Page 2, Line 28 delete
5. Page 8, Line 224-229 delete
The motion to amend failed with Rep. Buttars, Rep. Dayton, Rep. Gowans, Rep. Ure, Rep. Walker, and Rep. Noel voting in favor. Rep. Wheeler and Rep. Cox were absent for the vote.
The original motion to pass the bill out favorably as amended passed unanimously.
H.B. 246 Waste Fees Amendments (Rep. S. Urquhart)
Rep. Urquhart explained the bill with the assistance of Craig Paul, Wasatch Landfill.
MOTION: Rep. Johnson moved to amend the bill as follows:
1. Page 1, Line 12 :
12 for small municipal waste facilities. This bill allows collection of specified fees at a
facility's
2. Page 1, Lines 16 through 19 :
16 .
{
changes the commercial
}
applies a
nonhazardous solid waste
disposal fee
{
from
}
{
$2.50 to
}
$1.50
of $2.50 to all municipal and
commercial waste facilities
;
17 . changes the construction and demolition waste disposal fee from 50 cents to
{
30
}
40
18 cents
{
and applies the fee to both commercial and noncommercial
facilities
}
on all commercial facilities that receive only construction and
demolition waste
;
19 . changes the municipal waste disposal fee from 50 cents to
{
30
}
20
cents and applies the
3. Page 1, Lines 21 through 22 :
21 . allows the state to collect fees
{
from the operator of a collection or
transfer facility
}
at a facility's collection or transfer point
22 within the state
{
,
}
from which the waste is sent to an unregulated facility, and states
4. Page 2, Line 29 :
29 tons or more per year are subject to the fee of
{
30
}
20
cents per ton.
5. Page 2, Line 43 :
43 facility or incinerator, or
the owner or operator of
any commercial facility, except
for facilities that receive the following
6. Page 2, Line 51 :
51 ton
{
or fraction of a ton,
}
on all nonhazardous solid waste that is received at the
facility or site for
7. Page 2, Lines 53 through 56 :
53 (i) on and after July 1, 1992, through June 30, 1993, a fee of $1.50 per ton
{
or
fraction
54 of a ton } on all nonhazardous solid waste received at the facility or site for disposal or treatment;
55 (ii) on and after July 1, 1993, through June 30, 1994, a fee of $2.00 per ton
{
or
fraction
56
of a ton
}
on all nonhazardous solid waste received at the facility or site for disposal or
treatment;
56
8. Page 2, Line 58 :
58 (iii) on and after July 1, 1994, a fee of $2.50 per ton
{
or fraction of a ton
}
on
all
9. Page 3, Lines 60 through 61 :
60 (iv) on and after July 1, 2005, a fee of
{
$1.50
}
$2.50
per ton
{
or
fraction of a ton
}
on all
61 nonhazardous solid waste received at
{
the facility or site
}
any nonhazardous
waste disposal facility or incinerator, whether the facility is commercial or
noncommercial,
for disposal or treatment.
10. Page 3, Line 68 :
68 (c) (i) On and after January 1, 2004
through June 30, 2005
, an owner or
operator of any [commercial]
11. Page 3, Line 70 :
70 shall pay a fee of
{
[
}
50
{
]
}
{
30
}
cents per ton
{
, or fraction of a ton,
}
on any construction and demolition
12. Page 3, Line 72 :
(ii) On and after July 1, 2005, an owner or operator of any nonhazardous
solid waste disposal facility that receives only construction and demolition waste
shall pay a fee of 40 cents per on any construction and demolition waste received at
the facility or site for disposal.
72
{
(ii)
}
(iii)
An owner or operator of any [commercial] nonhazardous solid
waste disposal
13. Page 3, Line 74 :
74 [
{
30
}
(20)
cents per ton
{
, or fraction of a ton,
}
on all municipal
waste, including municipal
14. Page 3, Lines 76 through 79 :
76
{
(iii)
}
(iv)
On and after January 1, 2004, through June 30, 2005, the owner
or operator of any
77 facility under Subsection 19-6-102 (3)[
{
,
or fraction
78 of a ton, } on all municipal waste received at the facility or site for disposal.
(v) On and after July 1, 2005, the owner or operator of any facility under
Subsection 19-6-102(3)(b)(iii) shall pay a fee of 20 cents per ton on all municipal
waste received at the facility or site for disposal.
79 (d)
{
Facilities
}
Wastes
subject to the fee under Subsections (1)(c)(i),
(ii),
{
and
}
(iii)
, (iv) and (v)
are not subject
15. Page 5, Line 131 :
131 (i)
{
$1.50
}
$2.50
per ton
{
or fraction of a ton
}
on all nonhazardous
solid waste sent to an
16. Page 5, Lines 133 through 136 :
133 (ii)
{
30
}
40
cents per ton
{
or fraction of a ton
}
on all construction
and demolition waste sent to
134 an unregulated facility for disposal;
{
and
}
135 (iii)
{
30
}
20
cents per ton
{
or fraction of a ton
}
on all municipal
waste, including municipal
136 incinerator ash, sent to an unregulated facility for disposal
; and
(iv) wastes subject to fees under Subsection (6)(b)(ii) or (iii) are not subject to fees under Subsection (6)(b)(i)
.
The motion to amend passed unanimously, with Rep. Biskupski and Rep. Noel absent for the vote.
Spoke to the bill: Larry Bunkall, Kennecott Utah Copper
Dennis Downs, Department of Environmental Quality
MOTION: Rep. Buttars moved to amend the previously adopted amendment as follows:
1. Page 1, Line 16 After "fee" delete "$1.50"
The motion to amend passed unanimously, with Rep. Biskupski, Rep. Dayton, Rep. Walker, and Rep. Noel absent for the vote.
MOTION: Rep. Wheeler moved to pass the bill out favorably as amended. The motion passed unanimously, with Rep. Biskupski, Rep. Dayton, Rep. Johnson, and Rep. Painter absent for the vote.
MOTION: Rep. Walker moved to adjourn the meeting. The motion passed unanimously, with Rep. Biskupski, Rep. Dayton, Rep. Johnson, and Rep. Painter absent for the vote.
Rep. Barrus adjourned the meeting at 5:36 p.m.
_________________________