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AMENDED
MINUTES OF THE HOUSE

NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE

Room C445, State Capitol, State Capitol Complex

February 19, 2010


Members Present:    Rep. Roger E. Barrus, Chair
    Rep. John Mathis, Vice Chair
    Rep. Mel Brown
    Rep. Jack Draxler
    Rep. Kerry Gibson
    Rep. James Gowans
    Rep. Neal Hendrickson
    Rep. Mike Noel
    Rep. Patrick Painter
    Rep. Phil Riesen
    Rep. Christine Watkins
    Rep. Ryan D. Wilcox
    Rep. Bill Wright

Members Absent:    Rep. Brad Dee    

Staff Present:    Brian Allred, Policy Analyst
            Dora Soto, Committee Secretary
    
Note:        List of visitors and a copy of handouts are filed with committee minutes

Rep. Barrus called the meeting to order at 1:34 p.m.

MOTION:    Rep. Hendrickson moved to approve the minutes of the February 17, 2010 meeting. The motion passed unanimously with Rep. Brown, Rep. Dee ,
        
Rep. Gibson, Rep. Gowans, Rep. Painter and Rep. Wright absent for the vote.


H.B. 179    Off-highway Vehicle and Street-legal All-terrain Vehicle Revisions (Rep. M. Noel)

Rep. Noel explained the bill to the committee, assisted by Fred Hayes, Division of Utah State Parks & Recreation.

MOTION:    Rep. Noel moved to amend the bill as follows:


1.    Page 1, Lines 17 through 18 :    


             17          .    provides that a street-legal all-terrain vehicle may not be operated on an interstate
             18      freeway or a
{   controlled   }        limited       access highway;


2.    Page 2, Lines 45 through 48 :    

             45          (1) (a) Except as provided in Subsection (1)(b), an all-terrain type I or utility type
             46      vehicle that meets the requirements of this section may be operated as a street-legal ATV on a
             47      street or highway [that is a highway with one lane in each direction] unless the highway is an
             48      interstate freeway or a
{   controlled   }        limited       access highway as defined in Section 41-6a-102 .



The motion to amend the bill passed unanimously with Rep. Brown, Rep. Dee ,
Rep. Gibson, Rep. Gowans, Rep. Painter and Rep. Wright absent for the vote.

MOTION:    Rep. Wilcox moved to pass the bill as amended with a favorable recommendation. The motion passed unanimously with Rep. Dee , Rep. Gibson, Rep. Gowans, Rep. Painter and Rep. Wright absent for the vote.

MOTION:    Rep. Noel moved to place the bill on the consent calendar. The motion passed unanimously with Rep. Dee , Rep. Gibson, Rep. Gowans, Rep. Painter and Rep. Wright absent for the vote.


H.B. 318    Revolving Loan Fund for Certain Energy Efficient Projects Amendments (Rep. R. Barrus)

Rep. Barrus relinquished the chair to Rep. Mathis

Rep. Barrus explained the bill to the committee.

MOTION:    Rep. Draxler moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Dee , Rep. Gibson, Rep. Gowans and
     Rep. Wright absent for the vote.


MOTION:    Rep. Barrus moved to place the bill on the consent calendar. The motion passed unanimously with Rep. Dee , Rep. Gibson, Rep. Gowans and Rep. Wright absent for the vote.

Rep. Barrus resumed the chair


H.B. 298    Land Use Authority Notification of Canal Development (Rep. B. Ferry)

MOTION:
    Rep. Hendrickson moved to replace H.B. 298 with 1st Substitute H.B.298. The motion passed unanimously with Rep. Dee , Rep. Gibson, Rep. Gowans, Rep. Wilcox and Rep. Wright absent for the vote.

Rep. Ferry explained the bill to the committee.

Spoke in favor of the bill: Bill Rigby, Supervisor, Utah Conservation District
             Sterling Brown, VP Public Policy, Utah Farm Bureau

MOTION:    Rep. Hendrickson moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Dee and Rep. Gowans absent for the vote.     

H.B. 60    Water Conveyance Facilities Safety Act (Rep. F. Hunsaker)

MOTION
:    Rep. Painter moved to replace H.B. 60 with 1st Substitute H.B. 60. The motion passed unanimously.

Rep. Hunsaker explained the 1st substitute bill to the committee, assisted by Dennis Strong,Utah Division of Water Resources.

Spoke in favor of the bill: Allison Barlow Hess, President, Utah Society of Professional              Jounnalists
             Ivan Ray, Manager, Weber Water Users & Davis County Canal
             Dale Barney, Vice Chair, Utah Assoc. of Special Districts.     
             Bill Rigby, Supervisor, UACO

MOTION:     Rep. Gibson moved to pass 1st Substitute H.B. 60 with a favorable recommendation.






SUBSTITUTE
MOTION:     Rep. Riesen moved to amend 1st Substitute H.B. 60 with the following amendments:

        Delete lines 20, 21,31, and 32
        In Section 1, delete 37 through 320
        Renumber bill

The substitute motion to amend the bill failed with Rep.Riesen voting in favor of the motion.

The original motion to pass 1st substitute H.B. 60 with a favorable recommendation passed with Rep. Riesen voting in opposition to the motion.


H.B. 309    Surface Owner Protection Act (Rep. J. Mathis)

Rep. Mathis explained the bill to the committee assisted by Steve Hanburg , Landowner, Farm Bureau of Uintah County.

Spoke in favor of the bill: David Nelson, Landowner, Properties Unlimited
             Dennis Wright, Landowner, Mineral Holder Natural Resources
             Kevin Carter, Director, SITLA
             KC Jenson, KFJ Ranches, Landowner
             Scott Chew, Landowner, Uintah County
             Mitch Hacking, Rancher
             Bill Robinson, Rancher
             Sterling Brown, VP Public Policy, Utah Farm Bureau

Spoke in opposition to the bill: Lee Peacock, President, Utah Petroleum Association
             Larry Williams, Attorney AAPL-UAPL
             Eric Dille, Director, Relations Director, EOG Resources                         
             Sharon Williams, Vice President, Delek Energy US
             Jeff Hartley, Govt. Affairs, Bill Barrett Corporation    
                     

Spoke to the bill: John Baza , Director , Denver DOGM

MOTION:
    Rep. Watkins moved to amend the bill as follows:


1.    Page 3, Line 86 through Page 4, Line 90 :    

             86     
{       (c) a copy of the legal documents describing the rights of the operator to conduct an oil

             87      or gas operation on the surface owner's land, including:
             88          (i) legal title to the mineral rights or a lease or other agreement with the mineral owner;
             89          (ii) any recorded easement; and  
}

             90          
{   (iii)   }        (c)       a permit by the Division of Oil, Gas and Mining, including a copy of the


2.    Page 7, Line 207 :    

             207      the duty to reclaim, no notice, surface use agreement, or bond or other surety is required;
{   and   }


3.    Page 7, Line 210 :    

             210      obligations of the parties in respect to surface activities conducted by the operator
{   .   }        ; and

(3) operations on school and institutional trust lands conducted in accordance with Section 53C-2-409.  


The motion to amend the bill passed unanimously.     

MOTION:
    Rep. Gibson moved to pass the bill as amended with a favorable recommendation. The motion passed with Rep. Hendrickson and Rep. Barrus voting in opposition to the motion.

MOTION:
    Rep. Wilcox moved to adjourn.

Rep. Barrus adjourned the meeting at 4:28 p.m.



    
                    _________________________
    Rep. Roger E. Barrus, Chair