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MINUTES OF THE HOUSE

NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE
Room C445, State Capitol

                    February 8, 2012

Members Present:    Rep. Roger E. Barrus, Chair
    Rep. Joel Briscoe
    Rep. Jack Draxler
    Rep. Brad Galvez
    Rep. Neal Hendrickson
    Rep. John Mathis
    Rep. Mike Noel
    Rep. Patrick Painter
    Rep. Doug Sagers
    Rep. Christine Watkins
    Rep. Ryan Wilcox

Members Excused:    Rep. Stephen Sandstrom
    Rep. Mel Brown
    Rep. Brad Dee

Staff Present:    Mr. J Brian Allred, Policy Analyst
            Ms. An Bradshaw, Committee Secretary
    
Note:    A list of visitors and handouts are filed with committee minutes

Chair Barrus called the meeting to order at 4:07 p.m.

MOTION:    Rep. Watkins moved to approve the minutes of Feb. 1, 2012 and Feb. 7, 2012. The motion passed unanimously with Rep. Painter absent for the vote.

H.B. 127    Navajo Water Rights Negotiation Account (Rep. C. Watkins)

Rep. Watkins introduced the bill to the committee with the assistance of Kent Jones, Utah Division of Water Rights.

Spoke for the bill:    Bruce Adams, San Juan County Commissioner

MOTION:    Rep. Mathis moved to pass the bill out favorably. The motion passed unanimously with Rep. Painter absent for the vote.

Chair Barrus relinquished the chair to Rep. Mathis.

H.B. 137    Energy Changes (Rep. R. Barrus)

Rep. Barrus introduced the bill to the committee with the assistance of Amanda Smith, Utah Department of Energy Development.

MOTION:    Rep. Wilcox moved to pass the bill out favorably. The motion passed unanimously with Rep. Painter absent for the vote.

Rep. Barrus resumed the chair.

1st Sub. S.B. 21    Department of Environmental Quality Boards Revisions (Sen. M. Dayton) (Rep. B. Wright)

Sen. Dayton introduced the bill to the committee with the assistance of James Holtkamp and Tom Bingham, Utah Manufacturers Association, and Amanda Smith, Utah Department of Environmental Quality.

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

1.    Page 13, Line 393 through Page 14, Line 413 :    

             393          19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem
             394      and expenses.
             395          (1) The board [comprises 11 members, one of whom shall be] consists of the following
             396      nine members:
             397          (a)
  the following non-voting member, except that the member may vote to break a tie vote between the voting members:      

(i) the executive director [and 10 of whom]; or
             398          (ii) an employee of the department designated by the executive director; and
             399          (b) the following eight
  voting       members, who shall be appointed by the governor with the

             400      consent of the Senate[.]:
             401          (i) one representative who:
             402          (A) is not connected with industry;
             403          (B) is an expert in air quality matters; and
             404          (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
             405      with relevant training and experience;

             406          (ii) two government representatives who do not represent the federal government;
             407          (iii) one representative from the mining industry;
             408          (iv) one representative from the fuels industry;
             409          (v) one representative from the manufacturing industry;
             410          (vi) one representative from the public who represents
{   a S. [nongovernmental]

             410a      environmental .S
             411      organization;   }
  :

(A) an environmental nongovernmental organization; or
(B) a nongovernmental organization that represents community interests and does not represent industry interests;  
and

             412          (vii) one representative from the public who is trained and experienced in public
             413      health.

2.    Page 37, Line 1137 through Page 38, Line 1156 :    

             1137          19-3-103. Radiation Control Board -- Members -- Organization -- Meetings -- Per
             1138      diem and expenses.
             1139          (1) The board [created under Section 19-1-106 comprises 13] consists of the following
             1140      nine members[, one of whom shall be]:
             1141          (a)
  the following non-voting member, except that the member may vote to break a tie vote between the voting members:      

(i) the executive director[,]; or [his designee, and the remainder of whom shall be]
             1142          (ii) an employee of the department designated by the executive director; and
             1143          (b) the following eight
  voting       members, who shall be appointed by the governor with the

             1144      consent of the Senate[.]:
             1145          (i) one representative who is:
             1146          (A) a health physicist; or
             1147          (B) a professional employed in the field of radiation safety;
             1148          (ii) two government representatives who do not represent the federal government;
             1149          (iii) one representative from the radioactive waste management industry;
             1150          (iv) one representative from the uranium milling industry;
             1151          (v) one representative from the regulated industry who is knowledgeable about
             1152      radiation control regulatory issues;

             1153          (vi) one representative from the public who represents
{   a S. [nongovernmental]

             1153a      environmental .S
             1154      organization;   }
  :

(A) an environmental nongovernmental organization; or
(B) a nongovernmental organization that represents community interests and does not represent industry interests;  
and

             1155          (vii) one representative from the public who is trained and experienced in public
             1156      health.

3.    Page 52, Line 1602 through Page 53, Line 1624 :    

             1602          19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per
             1603      diem and expenses.
             1604          (1) The board [created under Section 19-1-106 comprises 11 members, one of whom
             1605      is] consists of the following nine members:
             1606          (a)
  the following non-voting member, except that the member may vote to break a tie vote between the voting members:      

(i) the executive director [and the remainder of whom]; or
             1607          (ii) an employee of the department designated by the executive director; and
             1608          (b) the following eight
  voting       members, who shall be appointed by the governor with the

             1609      consent of the Senate[.]:
             1610          (i) one representative who is a Utah-licensed professional engineer with expertise in
             1611      civil or sanitary engineering;
             1612          (ii) two representatives who are elected officials from a municipal government that is
             1613      involved in the management or operation of a public water system;
             1614          (iii) one representative from an improvement district, a water conservancy district, or a
             1615      metropolitan water district;
             1616          (iv) one representative from an entity that manages or operates a public water system;
             1617          (v) one representative from:
             1618          (A) the state water research community; or

             1619          (B) an institution of higher education that has comparable expertise in water research
             1620      to the state water research community;
             1621          (vi) one representative from the public who represents
{   a S. [nongovernmental]

             1621a      environmental .S
             1622      organization;   }
  :

(A) an environmental nongovernmental organization; or
(B) a nongovernmental organization that represents community interests and does not represent industry interests;  
and

             1623          (vii) one representative from the public who is trained and experienced in public
             1624      health.

4.    Page 62, Line 1907 through Page 63, Line 1926 :    

             1907          19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
             1908      Organization -- Meetings -- Per diem and expenses.
             1909          (1) The board [comprises] consists of the following nine members:
             1910          (a)
  the following non-voting member, except that the member may vote to break a tie vote between the voting members:      

(i) the executive director [and 11 members]; or
             1911          (ii) an employee of the department designated by the executive director; and
             1912          (b) the following eight
  voting       members, who shall be appointed by the governor with the

             1913      consent of the Senate[.]:
             1914          (i) one representative who:
             1915          (A) is not connected with industry;
             1916          (B) is an expert in water quality matters; and
             1917          (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
             1918      with relevant training and experience;
             1919          (ii) two government representatives who do not represent the federal government;
             1920          (iii) one representative from the mineral industry;
             1921          (iv) one representative from the manufacturing industry;
             1922          (v) one representative who represents agricultural and livestock interests;

             1923          (vi) one representative from the public who represents
{   a S. [nongovernmental]

             1923a      environmental .S
             1924      organization;   }
  :

(A) an environmental nongovernmental organization; or
(B) a nongovernmental organization that represents community interests and does not represent industry interests;  
and

             1925          (vii) one representative from the public who is trained and experienced in public
             1926      health.

5.    Page 87, Line 2687 through Page 88, Line 2706 :    

             2687          19-6-103. Solid and Hazardous Waste Control Board -- Members -- Terms --
             2688      Organization -- Meetings -- Per diem and expenses.
             2689          (1) The [Solid and Hazardous Waste Control Board created by Section 19-1-106
             2690      comprises the] board consists of the following nine members:
             2691          (a)
  the following non-voting member, except that the member may vote to break a tie vote between the voting members:      

(i) the executive director [and 12]; or
             2692          (ii) an employee of the department designated by the executive director; and
             2693          (b) the following eight
  voting       members appointed by the governor with the consent of the

             2694      Senate[.]:
             2695          (i) one representative who:
             2696          (A) is not connected with industry;
             2697          (B) is an expert in waste management matters; and
             2698          (C) is a Utah-licensed professional engineer;
             2699          (ii) two government representatives who do not represent the federal government;
             2700          (iii) one representative from the manufacturing, mining, or fuel industry;
             2701          (iv) one representative from the private solid or hazardous waste disposal industry;
             2702          (v) one representative from the private hazardous waste recovery industry;
             2703          (vi) one representative from the public who represents
{   a S. [nongovernmental]

             2703a      environmental .S
             2704      organization;   }
  :

(A) an environmental nongovernmental organization; or

(B) a nongovernmental organization that represents community interests and does not represent industry interests;  
and

             2705          (vii) one representative from the public who is trained and experienced in public
             2706      health.
The motion to amend passed unanimously.

Spoke against the bill:    Marilyn O'Dell, League of Women Voters of Utah
            Christopher Thomas, HEAL Utah
            Claire Geddes, citizen
            Karen Hevel-Mingo, Breathe Utah
            Cherise Udell, Utah Moms for Clean Air
            James O'Neal, citizen

MOTION:    Rep. Noel moved to pass the bill out favorably as amended. The motion passed with Rep. Briscoe voting in opposition and Rep. Wilcox absent for the vote.

H.B. 192    Private Property Rights (Rep. B. Wilson)

Rep. Wilson introduced the bill to the committee.

MOTION:    Rep. Watkins moved to pass the bill out favorably. The motion passed unanimously with Rep. Briscoe and Rep. Wilcox absent for the vote.

H.B. 195    Petroleum and Underground Storage Tank Fees (Rep. G. Hughes)

Rep. Hughes introduced the bill to the committee with the assistance of Tani Downing, State Risk Manager.

MOTION:    Rep. Noel moved to pass the bill out favorably. The motion passed unanimously with Rep. Briscoe and Rep. Wilcox absent for the vote.

MOTION:    Rep. Noel moved to place HB195 on the Consent Calendar. The motion passed unanimously with Rep. Briscoe and Rep. Wilcox absent for the vote.

MOTION:    Rep. Hendrickson moved to adjourn the meeting. The motion passed unanimously with Rep. Briscoe and Rep. Wilcox absent for the vote.

Chair Barrus adjourned the meeting at 5:56 p.m.


                              _________________________
    Rep. Roger E. Barrus, Chair