Click here for a policy wrap-up of the 2011 Legislative Session

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BILL DESCRIPTIONS:

Energy Amendments - Senate Bill 166 (SB 166)
Sponsor(s): Senator Mark Madsen (R, Tooele & Utah Counties)
Utah Clean Energy Position:  Unknown
Bill Status

What This Bill Does:

• No information available yet.
   

Energy Cost Recovery and Renewable Energy Provisions - Senate Bill 190 (SB 190)
Sponsor(s): Senator David Hinkins (R, Carbon, Emery, Grand, San Juan, Utah Counties)
Utah Clean Energy Position:  Unknown
Bill Status

What This Bill Does:

• No information available yet.
   

Consolidation of the of Department of Environmental Quality and Department of Natural Resources - House Bill 97 (HB 97)
Sponsor(s): Representative Wayne Harper (R, Salt Lake County)
Utah Clean Energy Position:  Oppose. Issue needs additional study.
Bill Status

What This Bill Does:

• This bill eliminates the Department of Environmental Quality effective July 1, 2012,  moving its powers and duties to the Department of Natural Resources, renamed the Department of Natural Resources and Environment;
• Redefines the role and duties of the Governor's Energy Advisor;
• Creates a Division of Energy within the new Department; stipulates that the director of the Division of Energy shall be appointed by executive director of the new department with the concurrence of the Board of Oil, Gas, and Mining;
• Eliminates the executive director of the Department of Environmental Quality as a member of various entities and adjusts the membership of those entities accordingly
   

Division of Energy Amendments - House Bill (HB 475) 
Sponsor(s): Representative Roger Barrus (R, Davis County)
Utah Clean Energy Position:  Neutral
Bill Status

What This Bill Does: 

• This bill creates the Office of Energy Development to assist and advise the Governor on the development of cost-effective energy resources both renewable and nonrenewable.
• The bill also gives the Governor's energy advisory standing to testify on behalf of the Governor at the Public Service Commission.
• The purpose of the Office of Energy Development is to implement the State energy policy and the governor's energy goals and objectives.
• The Governor's energy advisory shall appoint a director of the Office of Energy Development.
• The director of the Office of Energy Development may consolidate energy staff and functions existing in the State Energy Program.
   

Joint Resolution Opposing the EPA's Regulation of Greenhouse Gases - House Joint Resolution 19 (HJR 19)
Sponsor(s): Representative Roger Barrus (R, Davis County); Sen. Wayne Niederhauser (R, Salt Lake County) 
Utah Clean Energy Position:  Oppose
Bill Status

What This Resolution Does:

• Calls on the U.S. Congress to adopt legislation prohibiting the Environmental Protection Agency (EPA) from regulating greenhouse gas (GHG) emissions without Congressional approval including, if necessary, not funding EPA greenhouse gas regulatory activities;
• Calls on Congress to impose a moratorium on the promulgation of any new GHG regulation by the EPA for a period of at least two years, except to directly address an imminent health or environmental emergency;
• Calls on Congress to require the current administration to carry out a study identifying all regulatory activity that the EPA intends to undertake in furtherance of its goal of “taking action on climate change and improving air quality” and provide an objective cost-benefit analysis and cumulative effect that the EPA's current and planned regulation will have on global climate, public health, the U.S. economy, jobs, and economic competitiveness in worldwide markets;
• Expresses support for continuing improvements to the quality of the nation's air and declares that such improvements can be made without damaging the economy as long as there is a full understanding of the cost and benefit of the regulations at issue.

Reasons to Oppose this Resolution: 

• A recent Mercer report (The Impact of Climate Change on Strategic Asset Allocation) finds that continued delay in climate change policy action and lack of international coordination could cost institutional investors trillions of dollars over the coming decades. The research was released by Mercer and a group of leading global investors representing around $2 trillion in assets under management. See More Information on the Mercer Report.
• Some of the key findings of the Mercer Report show that by 2030:
  • Climate change increases uncertainty for long term institutional investors and as such, needs to be pro-actively managed.
  • The cost of impacts on the physical environment, health and food security could exceed $4 trillion.
  • Increasing allocation to “climate sensitive” assets will help to mitigate risks and capture new opportunities.
  • Engagement with policy makers is crucial for institutional investors to pro-actively manage the potential costs of delayed and poorly coordinated climate policy action.
• This resolution sends a message that creates continued regulatory uncertainty for impacted industries, while also preventing or delaying investments in clean energy technology. The more delays and instability Utah’s businesses face, the fewer opportunities we will have to keep pace and flourish in the global clean-energy economy.
• The EPA has been working with states and industry to ensure a smooth transition to effective implementation of GHG permitting, without a disruption of the permitting process. EPA has sought input from industry and other stakeholders, and limiting the initial scope of regulation through the Tailoring Rule, focusing only on the largest emitters, which has helped reduce regulatory uncertainty for impacted industries and businesses.
• As Utah works to adopt rules to stay consistent with federal law, this provides impacted industries with regulatory stability and certainty.
  
  

Codification of State Construction and Fire Codes - House Bill 203 (HB 203)
Sponsor(s): Representative  Michael Morley (R, Utah County); Sen. J.Stuart Adams (R, Davis County)
Utah Clean Energy Position:  Amend bill to include update to latest Energy Code (2009 IECC)
Bill Status

What This Bill Does:

• This bill enacts a new title to codify the existing State Construction Code and State Fire Code.  This bill provides an opportunity to adopt the most up-to-date energy conservation standards for new home construction, therefore protecting consumer interests, cutting energy bills, and potentially improving Utah's air quality.

Reasons to Support an Amendment to Include Latest Energy Code:

• Energy code adoption requires a technical change to ensure all new homes in Utah are built to the most up-to-date energy-saving standards, providing consumer protection, cutting energy costs, and supporting local economic development.
• Energy costs are the biggest expense of home ownership after mortgage and insurance. Failure to adopt the updated energy code will cost Utah homeowners $175 each year on average in higher energy bills.
• Building homes “energy smart from the start” saves money; it costs five times more to repair energy leaks and inefficiencies of homes not built to the updated code. The updated energy code requires homes to be verified and tested for energy savings. This provision ensures that homes are built right from the start.
• Adoption of the updated energy code is estimated to cost builders only $983 on average for a typical Utah home valued at $202,500, whereas it would cost a homeowner nearly $5,000 to fix a home’s energy problems if it were not built to the updated code.
• Rocky Mountain Power recently filed for a 13% rate increase and estimates that by 2018 it will be 1,500 megawatts short of meeting Utah’s energy needs - equal to the output of two large coal-fired power plants. The more energy-efficient our homes and other buildings are, the less energy they use – reducing the need to build expensive new power plants which everyone pays for through their energy bills.
• Energy-efficient construction helps meet Utah’s growing energy demand in the most affordable way, keeping energy costs low for everyone.
   

Construction Trades Licensing Amendments - Senate Bill 182 (SB 182)
Sponsors(s): Senator Peter Knudson (R, Cache, Box Elder, & Tooele Counties)
Utah Clean Energy Position: Support
Bill Status

What This Bill Does:

• Utah’s HVAC contractors, (Heating, Ventilation & Air Conditioning System Technicians) who work with both incidental electricity and natural gas, are currently not required to be individually licensed. This bill amends Utah’s Construction Trades Licensing Act to:

1. Create a licensing requirement for individual residential HVAC Air System Technicians (similar to electricians and plumbers);
2. Require HVAC Air System technicians to participate in industry-standard education, training and ongoing continuing education;
3. Temporarily expand the scope of the Plumbers Licensing Board to oversee licensing requirements;
4. Add members to the Plumbers Licensing Board.
5. Requires licensed residential HVAC contractors to receive fuel and electricity efficiency education.

Reasons to Support this Bill: 

• Saves Energy: Poorly designed and installed HVAC systems can use 65% more electricity than those that are properly sized using code-required energy calculations
• Improves Safety: Training and licensure will help reduce the frequency of HVAC system accidents and incidents. There were approximately 270 “incidents” involving HVAC systems from 2003-2008
• Correctly designed and installed HVAC systems operate efficiently, reduce excess demand on our utility infrastructure; this helps keep utility rates low
• Improves comfort by reducing “on-off” cycling of improperly installed heating and cooling systems
• Saves money by reducing energy consumption and avoiding unnecessary repair and replacement caused by premature equipment failure, which results when HVAC systems are “over-sized”
• Correctly designed and installed HVAC systems reduce risk to public health and safety
• Levels the industry playing field between companies that invest in employee training and companies that use unqualified technicians and poor installation practices
• Higher quality installations from technicians who use best-practices (instead of common “rule of thumb” method)
• Saves time and costs associated with repair and replacement caused by premature equipment failure
• Fewer HVAC complaints and call-backs from new homeowners

Take Action: Contact your Legislators to let them know you Support this bill
Tips for Contacting your Legislator
 

Resolution for Healthy and Efficient Schools - House Joint Resolution 3 (HJ 003))
Sponsor(s): Representative Mark Wheatley (R, Salt Lake County)
Utah Clean Energy Position: Support
Bill Status

What This Bill Does:

• This joint resolution of the Legislature encourages the Utah State Board of Education and Utah's school districts to promote more healthy and energy efficient schools in the state.

Environmental Litigation Bond - House Bill 399 (HB 399)
Sponsor(s): Representative Mike Noel (R, Kane County); Senator Steve Urquhart (R, Washington County)
Utah Clean Energy Position: Oppose
Bill Status

What This Bill Does: 

• The bill requires a plaintiff requesting a preliminary injunction or an administrative stay to post a bond; requires an unsuccessful plaintiff to pay damages to defendants who are harmed by a preliminary injunction or administrative stay; and provides for an immediate appeal of a court's or agency's refusal to require the bond.
  
• This legislation was introduced in 2006 (vetoed by Governor Huntsman) and in 2009 (died in Senate Rules Committee)

Reasons to Oppose this Bill: 

• Requiring a plaintiff to post a bond would have the effect of prohibiting certain groups and/or citizens from accessing the judicial system, deterring organizations, no matter how compelling the case.In other words, if you believe the state makes a ruling that fails to protect your health or environment, you would first have to come up with enough cash to cover the defendant’s potential financial losses from having to stop its activity during your legal challenge.
• Utah judges already have the ability and authority in statute to require a plaintiff to post a bond in the scenarios outlined; this unnecessary mandate imposes this requirement unfairly and unnecessarily.
• The legislation could burden rights to judicial review of permitting decisions and project approvals in Utah and impact the ability of Utah to comply with Federal Law.
• This resolution has the potential to create regulatory uncertainty for impacted industries, while also preventing or delaying investments in clean energy technology. The more delays and instability Utah’s businesses face, the fewer opportunities we will have to keep pace and flourish in the global clean-energy economy.
• This resolution could lead to legal and financial challenges for Utah and Utah’s industries down the road.

Take Action: Contact the Governor and Request a Veto of this Bill
Tips for Contacting Elected Officials