There was a huge turnout of the environmental community Wed at the House Natural Resources, Agriculture & Environment Committee hearing.
SB 21 Substitute 1 Department of Environmental Quality Boards Revisions (Dayton, M.)
Sen. Dayton introduced an amendment to make the Executive Director non voting except to break a tie, and change the enviro member to an 'or'
...
(A) an environmental nongovernmental organization; or
(B) a nongovernmental organization that represents community interests and does not represent industry interests...
Rep Briscoe questioned Dayton and James Holtkamp, attorney, closely about the current and new composition of the boards, particularly the Radiation Control Board.
There were a number of opposing commenters: Clair Geddes; Cherise Udell, Utah Moms for Clean Air; Christopher Thomas, HEAL Utah; James O'Neil, Ut Co.; Marilyn O'Dell for the LWV and Karen Hevel- Mingo, Breathe Utah. Testimony was cut off due to lack of time.
After the vote, 9 - 1 - 4, Sen Dayton and Rep Briscoe walked out together. During discussion he had alluded to an amendment to insert 'independent' before ALJ.
=== Independent ALJ building block request ===
Th Feb 9, at the
DEQ budget appropriations subcommittee hearing, Amanda Smith, DEQ ED, presented a request for $250,000 building block for an independent Administrative Law Judge [ALJ]. This is in the Gov's budget. Currently the Attorney General office supplies 9 AG's who have been serving as ALJ's for appeals, of which there were 9 in 2011; there are 6 currently ongoing. This ALJ work has taken 2000+ hours of time by the 9 AG's which should be devoted to DEQ work, rule and permit preparation, &c; and interferes with easy communication among the group as they avoid 'ex parte' communication in the matters under adjudication.
Rep Noel & Sen Davis spoke strongly in favor of this grant, which the entire Appropriations Subcommittee seemed in favor. The final vote will be closer to the end of Session when all the requests are prioritized, but the prospects look good now.
=== Attroney removed: seat to industry or expert ? ===
The original recommendation for board composition was
Executive Director or Designee
1 Technical subject matter expert who has the appropriate professional credentials: MD, PE, PG, etc.
2 Government representatives
2 Public representatives, 1 from public health and 1 NGO
2 representatives from regulated industries
1 Environmental attorney
The attorney slot was removed in the Substitute bill and a 3 industry rep added. One informant says attorneys didn't want to donate the time necessary to be on the boards.
If that seat went instead to a 2nd expert seat, the Air Quality Board could keep both Rob Paine, MD and Kerry Kelly, Engineer, 2 of our best members.
If this change were made, the bill would be close to 'good'.
=== media ===
Advocates criticize changes to environmental boards
Groups oppose DEQ board membership rules changes