MINUTES OF THE HOUSE
NATURAL RESOURCES, AGRICULTURE, AND ENVIRONMENT
STANDING COMMITTEE
Room 445, State Capitol
March 3, 2015
Members Present: Rep. Lee B. Perry, Chair
Rep. Douglas V. Sagers, Vice Chair
Rep. Joel K. Briscoe
Rep. Melvin R. Brown
Rep. Scott H. Chew
Rep. Jack R. Draxler
Rep. Susan Duckworth
Rep. Steve G. Handy
Rep. Timothy D. Hawkes
Rep. Mike K. McKell
Rep. Michael E. Noel
Rep. Kraig Powell
Rep. Scott D. Sandall
Rep. Mike Schultz
Staff Present: J Brian Allred, Policy Analyst
An Bradshaw, Committee Secretary
NOTE: A list of visitors and handouts are filed with committee minutes
Vice Chair Sagers called the meeting to order at 7:03 a.m.
MOTION: Rep. Perry moved to approve of the minutes of the February 27, 2015 meeting. The motion passed unanimously with Rep. Briscoe, Rep. Brown, Rep. Draxler, Rep. Handy, Rep. Hawkes, Rep. McKell, and Rep. Schultz absent for the vote.
H.B. 384 Grazing Zones Amendments (Rep. M. Noel)
Rep. Noel explained the bill to the committee with the assistance of Mark Ward, Utah Association of Counties.
MOTION: Rep. Sandall moved to pass the bill out favorably. The motion passed unanimously with Rep. Briscoe, Rep. Draxler, and Rep. Handy absent for the vote.
MOTION: Rep. Sandall moved to place H.B. 384 on the Consent Calendar. The motion passed unanimously with Rep. Briscoe, Rep. Draxler, and Rep. Handy absent for the vote.
H.B. 401 Statute of Limitations Modifications (Rep. M. Noel)
Rep. Noel explained the bill to the committee with the assistance of Kathy Davis, Office of the Attorney General, Natural Resources Division.
Spoke for the bill: Mark Ward, Utah Association of Counties
MOTION: Rep. McKell moved to pass the bill out favorably. The motion passed unanimously.
MOTION: Rep. McKell moved to place H.B. 401 on the Consent Calendar. The motion passed unanimously.
H.B. 323 Resource Management Planning by Local Governments (Rep. K. Stratton)
Rep. Stratton explained the bill to the committee.
Spoke for the bill: Mark Ward, Utah Association of Counties
Andrew Jackson, Mountainland Association of Governments
Wilf Sommerkorn, Utah American Planning Association
Spoke to the bill: Tim Wagner, Utah Physicians for Healthy Environment
MOTION: Rep. Draxler moved to pass the bill out favorably. The motion passed unanimously with Rep. Noel absent for the vote.
MOTION: Rep. Draxler moved to place H.B. 323 on the Consent Calendar. The motion failed with Rep. Chew and Rep. Duckworth voting in opposition and Rep. McKell and Rep. Noel absent for the vote.
H.B. 396 Solid Fuel Burning Amendments (Rep. B. Dee)
Rep. Dee explained the bill to the committee with the assistance of John Mortensen, Utahns for Responsible Burning.
Spoke for the bill: Karianne Lisonbee, citizen
Kim Marshall, citizen
Esther Olschewski, citizen
Spoke to the bill: Bryce Bird, Director, Division of Air Quality
Spoke against the bill: Shelly Teuscher, Utah Industry Environmental Coalition
Ashley Soltysiak, HEAL Utah
Erin Mendenhall, Air Quality Board and Breathe Utah
Tina Escobar-Taft, Utah Moms for Clean Air
Kathy Van Damm, Wasatch Clean Air Coalition
Tim Wagner, Utah Physicians for Healthy Environment
MOTION: Rep. Schultz moved to pass the bill out favorably.
SUBSTITUTE MOTION: Rep. Briscoe moved to amend the bill as follows:
1. Page 2, Lines 28 through 30:
28 (a) public awareness campaign { , in consultation with representatives of the solid fuel
29burning industry, } on best wood burning practices and the effects of wood burning on air
30quality, specifically targeting nonattainment areas; [and]
2. Page 2, Lines 43 through 56:
43 (c) shall prohibit burning in a nonattainment area during periods when monitored
44levels of air pollutants are forecast within the next 48 hours to be greater than 15 micrograms
45but less than 35 micrograms per cubic meter of fine particulate matter PM2.5, unless using a
46solid fuel burning device that is:
47 { (i) (A) certified by the United States Environmental Protection Agency; }
48 { (B) } (i)(A) a wood heater that can only burn wood pellets; or
49 { (C) } (B) a masonry heater built to specifications of the American Society for Testing
50Materials ASTM - 1602, "Standard Guide For Construction of Solid Fuel Burning Masonry
51Heaters"; and
52 (ii) operated in a manner that produces no visible smoke, except during a 15 minute
53period when:
54 (A) a fire is started in the device; and
55 { (B) fuel is added to the device; and }
56 { (C) } (B) a fire is being extinguished in the device;
The motion failed with Rep. Briscoe and Rep. Duckworth voting in favor and Rep. Noel absent for the vote.
Rep. Shultz's original motion passed with Rep. Briscoe, Rep. Handy, Rep. Hawkes, and Rep. Powell voting in opposition and Rep. Noel absent for the vote.
S.J.R. 7 Joint Resolution on Wild Horses and Burros (Sen. E. Vickers)
Sen. Vickers explained the resolution to the committee.
Spoke for the resolution: Sterling Brown, Utah Farm Bureau
Robin Cahoon, Division of Wildlife Resources
MOTION: Rep. Sandall moved to pass the resolution out favorably. The motion passed unanimously with Rep. Noel and Rep. Powell absent for the vote.
MOTION: Rep. McKell moved to place S.J.R. 7 on the Consent Calendar. The motion passed unanimously with Rep. Noel and Rep. Powell absent for the vote.
S.B. 154 Coal Ash Regulation Amendments (Sen. R. Okerlund)
Sen. Okerlund explained the bill to the committee with the assistance of James Holtkamp, General Counsel, Intermountain Power Agency.
MOTION: Rep. Handy moved to pass the bill out favorably. The motion passed unanimously with Rep. Noel and Rep. Perry absent for the vote.
1st Sub. H.B. 104 Cow-share Program Amendments (Rep. M. Roberts)
Vice Chair Sagers invited LuAnn Adams, Commissioner, Department of Agriculture and Food, to make a statement to the committee. Ms. Adams stated that her department is not opposing this bill.
Chair Perry assumed the chair.
Rep. Roberts explained the bill to the committee.
Spoke for the bill: Leah Shingleton, citizen
Matt Kimmal, citizen
Karianne Lisonbee, citizen
Spoke against the bill: Mike Kohler, Dairy Producers of Utah
Sterling Brown, Utah Farm Bureau
Dave Davis, Utah Food Industry and Retail Merchants Association
MOTION: Rep. Brown moved to amend the bill as follows:
1. Page 3, Lines 75 through 77:
75 (c) an arrangement under which the person receives raw milk for personal
76[consumption.] use not to be sold or distributed { in a retail environment } for profit ; and
77 (d) no more than two cows, 10 goats, and 10 sheep per farm in the program.
The motion passed with Rep. Noel absent for the vote.
MOTION: Rep. Sandall moved to hold the bill.
SUBSTITUTE MOTION: Rep. McKell moved to adopt 2nd Sub. H.B. 104. The motion passed with Rep. Briscoe, Rep. Perry, and Rep. Sandall voting in opposition and Rep. Noel absent for the vote.
MOTION: Rep. Schultz moved to pass the bill out favorably. The motion passed with Rep. Briscoe, Rep. Chew, Rep. Powell, Rep. Perry, Rep. Sagers, and Rep. Sandall voting in opposition and Rep. Noel absent for the vote.
H.J.R. 24 Joint Resolution Urging Settlement of R.S. 2477 Rights-of-Way (Rep. J. Miller)
This resolution was not considered.
MOTION: Rep. Sagers moved to adjourn the meeting. The motion passed unanimously with Rep. Noel absent for the vote.
Chair Perry adjourned the meeting at 9:50 a.m.
Lee B. Perry, Chair