Energy & Air Quality
Click the title of any bill to go to the index page of the bill. Here you can look up the text and audio of discussions in committee and on the floor.
Look up how your Senator and Representative voted then contact them expressing how you feel about those votes.
House Bills
HJR 5 Clean Air Resolution
Rep. Carol Moss (D-SLC), Sen. Pat Jones (D-SLC)
Encourages Utahns to eliminate unnecessary idling to protect public health and the environment by reducing exhaust that can cause lung damage, respiratory problems and heart disease and exacerbate asthma and allergies, lead to lung and other cancers, damage plants and soil and reduce visibility.
This resolution was good fun. Rep. Moss says the students of Morningside 6th grade, who attended the committee meetings and sessions, researched it.
Eight Reps voted against it: Bradley Daw (R-Orem), Craig Frank (R-Cedar Hills), Richard Greenwood (R-Roy), Michael Morley (R-Spanish Fork), Curtis Oda (R-Clearfield), Ken Sumsion (R-American Fork), Carl Wimmer (R-Herriman), Bill Wright (R-Holden). Passed the Senate unanimously.
http://le.utah.gov/~2010/htmdoc/hbillhtm/hjr005.htm
GOOD bill – passed [c]
Will Utahns Breathe easier?
YES
HB 70 Retrofit Compressed Natural Gas Vehicles Amendments
Rep. Jack Draxler (R-North Logan), Sen. Mark Madsen (R-Lehi)
Sets a procedure for certification of retrofit CNG vehicles that use non-certified kits. EPA has been slow to certify kits, which are only available for 5% of current vehicle fleet. EPA kits cost $14,000; uncertified kits are about $6,000.
Because of the widely recognized need for the air quality benefits of CNG vehicles, and in order to avoid a fiscal note, this bill would not make retrofits using these kits eligible for the tax credit that the certified kits receive. This is not seen as an obstacle because of the markedly lower price for the kits.
The EPA admits the problem with delay and expense of certifying kits and has been ambiguous in response to this bill, which requires inspection to verify safety and emission reductions.
http://le.utah.gov/~2010/htmdoc/hbillhtm/HB0070S02.htm
GOOD bill – passed. [b]
Will Utahns Breathe easier?
YES
HB73 Utah Construction Trades Continuing Education Amendments
Rep. Michael Morley (R-Spanish Fork), Sen. Steward Adams (R-Layton)
This bill modifies provisions of the Utah Construction Trades Licensing Act related to continuing education by defining approved continuing education and requires a contractor licensee to complete six hours of approved continuing education during a two-year licensing cycle.
Creating a standard online tracking system will improve best practices in our construction industry. These changes will also help to streamline the construction trade licensing renewal process and ensure all construction trades meet the continuing education requirements.
http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0073.htm
GOOD bill – passed [a]
Will Utahns Breathe easier?
YES
HB116 Political Subdivision Facility Energy Efficiency Rep. Fred Hunsaker (R-Logan), Sen. Scott Jenkins (R-Plain City)
Passed both houses unanimously. This bill clarifies the authority of a political subdivision to make an energy savings agreement with a consultant to analyze energy consumption and create an energy efficiency program.
http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0116.htm
GOOD bill – passed [a]
Will Utahns Breathe easier?
YES
HB 145 Second Substitute Renewable Energy Financing Provisions
Rep. Brad Last (R- St George), Sen. Stephen Urquhart (R-St George)
Passed both the House & Senate unanimously.
This bill allows a third party to install a solar system, for example, on non-taxpaying property and sell that energy to the property owner. This gives the owners of these properties a way to realize the tax benefits, as the third party would pass their tax credit savings to the property owner in low electricity rates. This bill exempts the third party in this case from definition of a utility and regulation by the Public Utility
Commission and Sen. Urquhart assures the Senate that net metering of implications will be studied in Interim, and the utilities and customers will be held harmless of any excess costs incurred.
http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0145s02.htm
GOOD Bill – passed [a], [c]
Will Utahns Breathe easier?
YES
HB 169 Refinery Amendments
Rep. Rebecca Edwards (R-North Salt Lake), Sen. Dan Liljenquist (R-West Bountiful)
Requires cities and refineries to "consult" whenever a land use change is contemplated within 500 feet of a refinery. Unfortunately, it has lists several types of information a city may not request, including information in the public record.
http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0169.htm
GOOD bill with poison pill – Passed [d]
Will Utahns Breathe easier?
YES, short breaths
HB228 Renewable Energy Source Amendments
Rep. Roger Barrus (R-Centerville), Sen. Steward Adams (R-Layton)
Changes the definition of "renewable energy source” to include municipal waste, giving incentives for incinerators, without any mitigating requirement for removing sources of toxics from the "fuel" or locating away from population.
http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0228.htm
BAD bill – Passed. [b], [c]
Will Utahns Breathe easier? NO
HB 318 Revolving Loan Fund for Certain Energy Efficient Projects Amendments
Rep Roger Barrus (R-Centerville), Sen. Dennis Stowell (R-Parowan)
Passed both the House & Senate unanimously.
This bill allows Utah's Energy Efficiency Fund, a zero-interest revolving loan fund, to be used for energy efficiency projects in buildings owned by political subdivisions (i.e. cities, counties, and towns) in addition to school districts. It would use $2.5 million from the federal stimulus package in the state’s existing revolving loan fund. These loans would be repaid out of energy savings then the funds recycled, transforming stimulus funds from one-time to continuing.
Local governments and schools have difficulty affording large energy efficiency projects. This bill helps by allowing political subdivisions to access loans for energy efficiency projects (currently available to school districts), resulting in energy and cost savings that can be re-directed to other public services.
http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0318.htm
Good Bill – Passed [a]
Will Utahns Breathe easier?
YES
3 House Message Bills about Climate Change
HB 395 Limitation of Actions Amendments
Rep. Mike Noel (R-Kanab), Sen. Scott Jenkins (R-Plain City)
This bill limits the liability of a person or business for damage or injury caused by greenhouse gas emissions, unless the emissions violated: a statutory limitation; or a valid operating, air, or other permit; and requires that the party bringing an action prove by clear and convincing evidence that unavoidable and identifiable damage has or will result from the violation.
Sen. Jenkins explains, this is a "defensive" move. No one has brought such a suit, but if they did and shut down our coal power plants, that would cause an enormous increase in our expenses.
Passed the House 49-19-7 and the Senate on the last day of the Session by 20-8-1
http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0395.htm
BAD bill – Passed [a]
Will Utahns Breathe easier? NO
HJR 12 Climate Change Joint Resolution
Rep. Kerry Gibson (R-Ogden), Sen. Scott Jenkins (R-Plain City)
Urges the EPA to halt its carbon dioxide reduction policies and programs and withdraw its "Endangerment Finding" and related regulations until a full and independent investigation of climate data and global warming science can be substantiated.
In introducing HJR 12 Climate Change Joint Resolution, Sen. Jenkins says he hates to pile on with another message bill, but this one is important. Many recent revelations and changes in what was considered to be solid science. So let's hold off for 10 years, while information is gathered and peer-reviewed, before taking actions that will seriously impact us financially.
Passed House 56 -17- 2 & Senate 15-8- 6.
http://le.utah.gov/~2010/htmdoc/hbillhtm/hjr012.htm
BAD bill – Passed [a], [b]
Will Utahns Breathe easier? NO
HJR 21 Joint Resolution on Energy Policy
Rep. Mike Noel (R-Kanab), Sen. Stephen Urquhart (R-St George)
Urges the Governor to remove Utah from the Western Climate Initiative, another of the actions disputing the reality and urgency of climate change.
Passed the House 52-18-5 and the Senate 19-8-2
http://le.utah.gov/~2010/htmdoc/hbillhtm/hjr021.htm
BAD bill – Passed [a], [b]
Will Utahns Breathe easier? NO
Senate Bills
SB 47 Electrical Utility Amendments Efficiency and Conservation Tariff
Sen. Kevin Van Tassell (R-Vernal), Rep. Mel Brown (R-Coalville)
What a strange history for this, the Cool Keeper bill. This bill allows a change from the current Cool Keeper program, air conditioner direct control, from opt-in to opt-out. It is hoped this will increase participation from 22% and 100 MW peak-load reduction to 75-80% participation and an additional 300-350 MW peak-load reduction.
The first draft had serious problems, including eliminating the participation of the Office of Consumer Services (nee Committee of Consumer services) and the requirement for public hearing. Then, after long negotiations, it was finally heard March 2 in Senate Transportation, Public Utility committee, and passed unanimously, in a love-fest with substantial admiration expressed for the cooperative work of all involved.
On Mon, March 8, there was bitter debate on the Senate floor, including an unfriendly amendment offered by Senator John Valentine (R-Orem) to charge a fee to the customers who opt-out. Amendment failed, and the bill failed 12-17-0, with Sen. Van Tassell changing his vote to no. The bill seemed dead.
Later the same day, Sen. Curt Bramble (R-Provo) who had spoken strongly against the bill, rose and moved to reconsider action on the bill and move it to top of 2nd reading calendar, and circle.
Then on Tues, March 9, in the last vote of the day, Sen. Van Tassell moved to uncircle. The only person who rose to speak against the bill was Sen. Chris Buttars (R-West Jordan).
Sen. Bramble rambled a little explaining, among other things, that earlier he had the wrong copy of the bill. Sen. Valentine, explained he had missed the feature of the bill that the participants receive a credit (estimated by Sen. Van Tassell to be $20-25), and that got to the issue he was trying to address with his [failed] amendment.
Passed the Senate 21-7. The bill went on to pass the House 53-19, on the last day of the session, with only one Rep., James Dunnigan (R-Taylorsville) speaking against it.
http://le.utah.gov/~2010/htmdoc/sbillhtm/sb0047s01.htm
GOOD bill – passed [a]
Will Utahns Breathe easier? They would have, except that
Gov. Herbert vetoed the bill March 30, 2010.
SB 104 Renewable Energy Modifications
Sen. Stephen Urquhart (R-St George), Rep Don Ipsom (R-St George)
Passed both houses unanimously.
This bill adds a new kind of renewable energy, compressed air storage, to Utah’s list of renewable energies. The air compressed by wind energy, for example, can be stored in a salt cavern, for instance, and then be released to run a turbine producing electricity at another time.
http://le.utah.gov/~2010/htmdoc/sbillhtm/sb0104.htm
GOOD bill – passed [a]
Will Utahns Breathe easier?
YES
S.B. 194 Assessment Area Act Amendments
Sen. Wayne Niederhauser (R-Sandy)
This legislation would have helped remove significant barriers to energy efficiency and renewable energy, including higher up-front costs and longer payback for certain measures, by allowing loans for renewable energy to be paid back through property taxes and keep the loan with the property, so a seller could leave the improvements and the loan when the property is sold.
Utah municipalities (such as counties, cities, towns, local districts or special service districts) would have been allowed to issue bonds for the purpose of financing property assessed loans to interested residents and businesses to make voluntary energy improvements to their property, such as efficient windows, insulation, efficient HVAC systems, and/or renewable energy systems.
This bill was opposed by banks that saw it as an intrusion on their business.
http://le.utah.gov/~2010/htmdoc/sbillhtm/sb0194.htm
GOOD bill – failed [a]
Will Utahns Breathe easier? NO
SB 242 Economic Development Incentives for Alternative Energy Projects
Rep. Kevin Van Tassell (R-Vernal), Rep. John Mathis (R-Vernal)
This bill changes the name of last year's "Renewable Energy Development Act" to the "Alternative Energy Development Act.". “Renewable energy” is defined as solar, wind, geothermal, biomass and hydroelectric. “Alternative energy” includes petroleum coke, shale oil, uranium, tar sands, and oil-impregnated diatomaceous earth.
The revenue lost annually by expanding the tax credit subsidy to non-renewable resources was calculated by Legislative analysts to be as much as $5 million in the short run and in the long run could be up to $360 million.
http://le.utah.gov/~2010/htmdoc/sbillhtm/sb0242.htm
BAD Bill – Passed [b]
Will Utahns Breathe easier? NO
SB 223 Department of Environmental Quality Boards Amendments
Sen. Margaret Dayton (R-Orem)
The language of this bill, which dramatically alters the Department of Environmental Quality Boards, was released less than 48 hrs before the public hearing, unpleasantly surprising DEQ and the AG's office. This bill affects all the DEQ boards, but the Radiation Control Board was singled out for extra amputation of power.
After some discussion by Jim Holtcamp, attorney for the Utah Manufacturer's Association and representative of Energy Solutions before the Radiation Control Board, Sen. Dayton, acknowledging the many e-mails the committee had gotten and the late release of language, moved to have the bill studied in Interim. The current plan is to have recommendations for improvements to the boards generated though a DEQ stakeholder process and those recommendations presented to Interim, with the potential of legislation next session.
http://le.utah.gov/~2010/htmdoc/sbillhtm/sb0223.htm
BAD bill – to Interim [c], [d]
Will Utahns Breathe easier? Not yet.