LEGISLATIVE WRAP-UP

LEAGUE ACTION AT THE LEGISLATURE 2009

(Continued)

2009 Energy and Environment Utah Legislative Recap,
by Kathy VanDame

Renewable Energy & Energy Efficiency (based on Utah Clean Energy, with inserted editorial comments)

  • HB430 - Economic Development Incentives for Alternative Energy Projects, sponsored by Rep. Kevin Garn and Sen. Sheldon Killpack, is designed specifically to attract new clean energy industries and projects with the hopes of inviting new economic development to Utah .  The bill allows the Governor’s Office of Economic Development (GOED) to establish energy development zones and to offer tax credits to companies and projects located in those development zones. On the last day, after being circled 2 days, Senator Killpack said that when the Gov approached him about carrying this bill he asked about nuclear, and that the Gov agreed that this was their intent, so nuclear was added to the list of ‘renewable energy.’
  • SB 76 3rd Sub - Energy Amendments, sponsored by Sen. Curtis Bramble and Rep. Roger Barrus, addresses the renewable energy transmission barrier by creating a political subdivision of the State tasked with the development of a master plan for renewable energy production and transmission infrastructure.  This subdivision will have the ability to apply for and seek out federal grants, as well as bonding authority to pay for transmission lines for renewable energy. This 20 pg bill had 5 scheduled hearings before Senate Transportation. Public Utilities & Technology Committee, Sen Bramble never showed up to present it.  The day before the 5 & final meeting of the committee, a 34 pg substitute was posted with a new section, Utah Generated Renewable Energy Electricity Network Authority.  Then on the floor, the bill was assigned to the only committee that had another meeting, Senate Retirement and Independent Entities Committee. Before that committee meeting 2 more substitutes were posted, 2nd Substitute, 17 pgs, and 3rd substitute 18 pgs.  Both were missing the original 20 pages (essentially) but retained the Network Authority part.
  • SJR 1  2nd Sub Renewable Energy System, sponsored by Senate Minority Leader Pat Jones and Rep. Rebecca Chavez-Houck, urges the Utah State Energy Program and municipal governments and to collaborate on the development of model renewable energy ordinances to streamline the development process at the local government level. This bill was ambushed in both Chambers with unfriendly and ultimately unsuccessful floor amendments to add nuclear to the list of renewables. Sen. Jones was cross-examined in the House hearing, had to take the bill back and remove any implication that renewables were in any way superior to other energy sources.
  • SJR 10 - Alternative Training Center Joint Resolution, co-sponsored by Senator Dennis Stowell and Rep. Mike Noel recognizes the need to train the growing clean energy workforce in Utah .  The bill supports the establishment of an Alternative Energy Training Center in Beaver County – an area with high concentration of existing, upcoming and potential renewable energy development. Senator Stowell and Rep Noel’s districts each are partly within Beaver County .
  • HJR 9 1st Sub  Joint Resolution on Cost Effective Energy Efficiency and Utility Demand Side Management, sponsored by Rep. Roger Barrus and Senate, Pat Jones, recognizes energy efficiency as a priority resource and urges state and local governments and utilities companies to promote and encourage all available cost-effective energy efficiency and conservation, setting voluntary energy savings goals for Rocky Mountain Power and Questar Gas and expresses support for regulatory mechanisms that remove disincentives to utility energy efficiency and conservation. 

NEUTRAL

  • SB 99: Renewable Energy Certificate Revisions Sen. Curtis Bramble; Rep. Wayne Harper.  Clarifies the Public Service Commission authority regarding RECs.
  • SB 75: Utility Amendments   Sen. Stephen Urquhart; Rep. Kevin Garn.  Increases authority of Public Service Commission.

BAD BILLS

  •  HB 190: State Energy Policy Restrictions Rep. Roger Barrus.  Requires legislative approval of certain (Climate Change) interstate agreements affecting state energy.  Died in House Rules
  • HB 191: Air Quality Board Amendments    Rep. Roger Barrus.  Amended the Air Quality Board's authority to enter into interstate contracts, another  Climate Change bill.  Died in House Rules.
  • HB 412: Energy Policy Amendments Rep. Roger Barrus & Senator Jenkins.  Before any action relevant to Climate Change, an economic impact study is required of the effects on existing Utah industry, business, and consumers; and on Utah 's ability to attract industry to rural Utah and urban Utah .  Originally this bill included action by the Legislature, but was amended to regulate only the Governor. Senators Jones and McCoy argued fiercely against this bill on the floor, why single out Climate Change, who will pay for studies?
  • HR 3 1st sub Resolution on Energy Policy Rep. Michael Noel urges the Governor to withdraw from the Western Climate Initiative.  Passed

 

OTHER

  • HB 379 Environmental Litigation Bond Rep. Noel  Would require litigants to post bond before a stay or injunction in challenging permits from DEQ, NR, SITLA, & UDOT.  Presented constitutional problems and would have impaired Utah ’s Clean Air Ac and Clean Water Act primacy.  Died in Senate Rules after the Utah Mining Association, the Utah Petroleum Association and the Utah Manufacturers Association publicly worried that the U.S. Environmental Protection Agency would take over state environment programs if the bill passed.  Failed.
  • SB 53 1st Sub Awarding of Attorney Fees  Sen. Urquhart, this bill prohibits a citizen from recovering attorney fees when they successfully sue the government.  This is an attempt to limit citizens access to the courts.  Passed.
  • HB 437 Obstruction of Natural Resource or Agricultural Production  Rep. Noel This bill is designed to punish a future Tim DeChristoper action.  Passed
  • H.B. 27 Protections for Agricultural Practices  Rep.Morley, M. This bill removes a clean air protection, it would remove one basis  for citizens' recourse to environmental impacts of megafarms. It removes the phrase 'unless the agricultural operation has a substantial adverse effect on the public health and safety' and expands the definition of agriculture and has no size limit on megafarms exempted. Passed. March 17, the Utah League asked the Gov to veto this bill.
  • HB 393  Air Quality Amendments Rep  Barrus This bill was presented as a targeted intervention against the petcoke plant in Davis County .  When Consolidated Energy promised to play nice, Barrus dropped it.  In fact, it gave the Air Quality Board 2 year authority to object to siting a non natural gas electricity plant in a non-attainment area, or an area the AQB expected would become non attainment.  This is the first additional authority DAQ has asked for, and it was dropped on a nonbonding promise. Failed.
  • SB 214 Office of Consumer Services Act  Sen Valentine, J. As originally proposed this bill would have seriously reduced the authority of the CCS.  It was amended many times before finally passed, and now is  believed to be benign or close to it.  Roger Ball has failed to find fault with it so far (3/18).

 

 

 

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