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Sponsored by the
Utah Department of
Environmental Quality
The 2006 Legislature drew to an end March 1, with the passage of several key environmental-related bills that could become law with the stroke of the Governor’s pen.
Two automobile-related bills – one aimed at cutting down mercury air emissions and another keeping car batteries out of the landfills – passed both Houses with strong support. HB 138, sponsored by Rep. Rhonda Rudd Menlove (R-Garland), provides a $5 incentive to scrap dealers to remove small mercury switches in vehicles before being salvaged at places like Nucor Steel. The “bounty” would be paid by automobile makers and require limited oversight from the state Department of Environmental Quality (DEQ). The Lead Acid Battery Act, a cost-free program to taxpayers that has been in effect since 1992, will continue for another 10 years under an omnibus bill that gained passage by both Houses early in the session. The Act requires all retail outlets that sell lead acid batteries to accept the old batteries from customers if they buy new ones. The batteries are then taken out of state for recycling.
“We are pleased the Legislature passed these bills, both of which provide tremendous environmental benefits,” said Dianne Nielson, executive director of DEQ.
DEQ officials worked closely with lawmakers to support several bills that provided a clear benefit.
“We watched the progress of the bills throughout the session,” said Bill Sinclair, deputy director of DEQ. “We worked closely with the bill sponsors to provide the information they needed.”
A DEQ-initiated legislation – a bill aimed at establishing a financially sound Petroleum Storage Tank Trust Fund – also passed with strong support. Under HB 271, sponsored by Rep. David Ure (R-Kamas), the owners and operators of underground petroleum storage tanks would be given an “all or none” choice: either participate fully in the fund by including all tanks under the state’s insurance program or self-insure all the tanks. The change will help bring the fund to solvency with an anticipated increase of $550,700 in FY 2007 and $1.5 million in FY 2008. That money will help pay for cleanups of leaking underground storage tanks.
The Legislature passed a statewide budget but will be back in special session to resolve tax reform issues lingering between lawmakers and the Governor. DEQ, however, did receive nearly all of its funding requests, with the exception of restoring money that was cut three years ago to local health departments. The Legislature did approve a $200,000 appropriation to help pay for a stakeholder-supported air quality study of animal feeding operations and $250,000 to help fund the state’s opposition to high-level nuclear waste planned for interim storage on Goshute tribal lands.
“This is good news,” said Nielson. “This year, the Legislature passed a base budget and then looked at all the priorities. We did get nearly everything we requested, so we do have the money to meet our obligations in terms of Environmental Quality programs.”
Energy Policy and Clean Fuel Passes
Utah’s energy policy is now set under a bill that passed both chambers. HB 46, sponsored by Rep. Roger Barrus (R-Centerville), designates a state energy officer to encourage development and promotion of the state’s energy resources. Also headed to the Governor for his signature is HB 93, that modifies the state’s Clean Fuels and Vehicle Technology Fund that provides loans and grants to businesses and government entities purchasing clean vehicles. Sponsor Rep. Jim Gowans (D-Tooele) expanded the fund to include other types of vehicles, retrofits and fuel systems determined to be effective in reducing air pollution. Both bills arose out of the recommendations of a bipartisan Energy Policy Work Group formed last summer to develop energy policy for Utah.
Water Bills Afloat
Several water bills sailed through the Legislature, including HB 38, sponsored by Rep. Ben Ferry (R-Corinne) that allows the reuse of water for certain projects as long as the plans are reviewed by the Division of Water Quality.
A pair of giant water projects of interest to DEQ also won passage, including:
Some Surprising Bills Emerge
There were some surprises that emerged during this session that drew some considerable debate. A bill, sponsored by Sen. Howard Stephenson (R-Draper), intended to give lawmakers new veto override authority in the licensing of a commercial waste facility won passage from both the House and Senate. But a veto by Gov. Jon Huntsman Jr. set the stage on the final day for a possible veto override. The Governor prevailed in the end. Although the Senate had the votes to override the veto the House never pursued it.
Also debated was a trio of bills aimed at environmental lawsuits. Only one passed both Houses. HB 100, which requires an entity to post a bond before heading to court, passed both Houses. The failure to post a bond does not limit court proceedings but would require the Department of Commerce to revoke the entity’s registration to do business in Utah. The Environmental Protection Agency has voiced concerns about the proposed law and the Governor has indicated he may veto the bill. The other two bills, sponsored by Aaron Tilton (R-Springville), did not pass the Senate:
The Governor has until midnight March 21 to exercise his veto authority.