CORRECTED

MINUTES OF THE HOUSE

NATURAL RESOURCES, AGRICULTURE, AND ENVIRONMENT

STANDING COMMITTEE

Room 445, State Capitol

March 4, 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

Members Absent:      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

Chair Perry called the meeting to order at 4:29 p.m.

MOTION:     Rep. Duckworth moved to approve the minutes of the March 3, 2015, meeting. The motion passed unanimously with Rep. Brown, Rep. Draxler, Rep. Handy, Rep. Hawkes, and Rep. Powell absent for the vote.

H.B. 398         Obstructions on Roads in Dixie National Forest (Rep. M. Noel)

Rep. Noel explained the bill to the committee with the assistance of Mark Ward, Utah Association of Counties; Leland Pollock, Garfield County Commissioner; and Mark Whitney, Beaver County Commissioner.

Spoke for the bill:       Redge Johnson, citizen

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

1.    Page 5, Lines 134 through 138:      

134 (b) {  the county sheriff finds that the obstruction adversely affects  }  after the consultation required under Subsections 11-51-103(1)(a) and (b), the obstruction is found to adversely affect  the public health,

135safety, and welfare of the people of the political subdivision by obstructing  necessary  travel {   that is

136necessary for:  }  . 

137  {  (i) the maintenance of natural resources; or

138 (ii) another public purpose.  }

2.    Page 5, Lines 146 through 151:      

146 (b) {  the county sheriff finds that the obstruction constitutes  }  after the consultation described in Subsections 11-51-103(2) and (3) and Section 11-51-104, the obstruction is found to constitute  an imminent threat to the

147public health, safety, and welfare of the people of the political subdivision by obstructing travel

148that is necessary for:

149 (i) a potential emergency medical response;

150 (ii) a potential wildfire response; or

151 (iii) {  another potential  }  any other necessary  law enforcement response.

The motion passed unanimously with Rep. Brown and Rep. Handy absent for the vote.

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

H.B. 379         Underground Storage Tank Amendments (Rep. S. Eliason)

Rep. Eliason explained the bill to the committee. Brent Everett, Director, Division of Environmental Response and Remediation, and Therron Blatter, Manager, Underground Storage Tank Branch, answered questions from the committee.

Spoke for the bill:       Dave Davis, Utah Food Industry Association and Utah Retail Merchants                                    Association

                                   John Hill, Utah Petroleum Marketers and Retailers Association

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

H.B. 223         Little Sahara State Park Designation (Rep. S. Eliason)

Rep. Eliason explained the bill to the committee. Fred Hayes, Director, Division of State Parks and Recreation, and Kevin Carter, Director, School and Institutional Trust Lands Administration, answered questions from the committee. "Support H.B. 223 Little Sahara State Park Designation" and a map of the proposed area were distributed to the committee.

Spoke against the bill:            Sterling Brown, Utah Farm Bureau

MOTION:     Rep. Sandall moved to hold the bill.

SUBSTITUTE MOTION:   Rep. Powell moved to adopt 1st Sub. H.B. 223. After committee discussion the motion was withdrawn.

Rep. Sandall's original motion passed unanimously with Rep. Noel and Rep. Sagers absent for the vote.

H.B. 225         Goblin Valley State Park Expansion (Rep. S. Eliason)

Rep. Elaison explained the bill and distributed "Support H.B. 225 Goblin Valley State Park Expansion" to the committee. Fred Hayes, Director, Division of State Parks and Recreation; Kevin Carter, Director, School and Institutional Trust Lands Administration; and Mistie Christiansen, Mayor, Emery City, answered questions from the committee.

Spoke against the bill:            Sterling Brown, Utah Farm Bureau

                                               Randy Johnson, on behalf of the Emery County Commission

                                               Mark Ward, Utah Association of Counties

                                               Mistie Christiansen, Emery County Public Lands Council

MOTION:     Rep. Duckworth moved to move to the next item on the agenda. The motion passed unanimously with Rep. Noel absent for the vote.

S.B. 225          Irrigation Service Water Rights Amendments (Sen. K. Van Tassell)

Sen. Van Tassell explained the bill to the committee.

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

1.    Page 2, Lines 48 through 50:   

48serving the needs of a township or municipality shall be signed by:

49   (i) the local public water supplier that is {  contractually  } responsible for the operation and

50maintenance of the public water supply system; and

The motion passed unanimously with Rep. Noel and Rep. Sandall absent for the vote.

Spoke for the bill:       Vickie Stanley, Myton City Council

                                   Kent Jones, State Engineer

MOTION:     Rep. Sagers moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Duckworth, Rep. McKell, Rep. Noel, and Rep. Powell absent for the vote.

S.B. 163          Wildlife Modifications (Sen. M. Dayton)

Rep. McKell explained the bill to the committee. Robin Cahoon, Division of Wildlife Resources, and Sen. Dayton answered questions from the committee.

MOTION:     Rep. McKell moved to pass the bill out favorably. The motion passed with Rep. Briscoe voting in opposition and Rep. Duckworth, Rep. Noel, and Rep. Powell absent for the vote.

S.B. 200          Environmental Quality Boards Amendments (Sen. M. Dayton)

Sen. Dayton explained the bill to the committee with the assistance of Walt Baker, Director, Division of Water Quality and Executive Secretary, Water Quality Board.

Spoke for the bill:       LeGrand Bitter, Utah Association of Special Districts

MOTION:     Rep. Brown moved to pass the bill out favorably. The motion passed with Rep. Briscoe voting in opposition and Rep. Duckworth, Rep. Noel, and Rep. Powell absent for the vote.

H.J.R. 24       Joint Resolution Urging Settlement of R.S. 2477 Rights-of-Way (Rep. J. Miller)

This bill was not considered.

MOTION:     Rep. Sagers moved to adjourn the meeting. The motion passed unanimously with Rep. Duckworth, Rep. Noel, and Rep. Powell absent for the vote.

Chair Perry adjourned the meeting at 6:13 p.m.                                

Lee B. Perry, Chair