Current Legislative Issues
Policy Issues
Policies at the state, federal, and local levels are critical to driving renewable energy and energy efficiency, providing new economic opportunities, and diversifying our energy portfolio. Utah Clean Energy is actively engaged with the Utah State Legislature, working to provide education and technical support to legislators to help advance clean energy policies in Utah.
2010 Legislative Session
January 25 - March 11, 2010
See below for information about clean energy legislation currently under consideration by Utah's legislature.
**ARCHIVE: Click here for information on the 2009 Legislative Session
2010 Legislative Session - Energy Policies of Interest
Utah Clean Energy is tracking a number of bills this legislative session. We will continually update this page, please check back regularly for up-to-date information.
|
Bill # |
Title |
Sponsor(s) |
Issue | Utah Clean Energy Position |
Status/ |
| HB0145S02 |
Renewable Energy Financing Provisions | Rep. Brad Last (R, District 71); Sen. Steve Urquhart (R, District 29) |
Renewable Energy Financing | Support | Passed House and Senate!! |
| SB194 |
Assessment Area Act Revisions | Sen. Wayne Niederhauser (R., District 9) Rep. Froerer, G (R., District 8) |
Clean Energy Financing | Support | Senate circled |
| HB318 | Revolving Loan Fund for Certain Energy Efficient Projects Amendments | Rep. Barrus (R., District 18) Sen. Stowell (D., |
Energy Efficiency Financing | Support | Passed House and Senate! |
| HB334 | Mechanical Contractor Licensing Provisions | Rep. Wiley (D., District 31) | HVAC Licensing | Support | House/ to Printing with fiscal note |
| HB73 | Utah Construction Trades Continuing Education Amendments |
Rep. Morley, M. |
Contractor continuing education | Support |
Senate/ placed on 3rd Reading Calendar.
|
| HB45 | State Construction Code Adoption (including IECC Code Adoption) | Rep. Morley (R., District 66) Sen. Adams (R., District 22) |
High Performance Building | Support | Passed House and Senate 2/19/2010. Draft of enrolled bill prepared. |
| SB125 | Intangible property amendments | Sen. Bramble (R., District 16) Rep. Garn (R., District 16) |
Support | Enrolled bill returned to House or Senate. |
|
| HJR20 | Green Schools Joint Resolution | Rep. Wheatley (D.,District 35) | Energy Efficiency and High Performance Building | Support | Failed vote in House - 2/22/2010 |
| SB104 | Renewable Energy Modifications | Sen. Urquhart (District 29) Rep. Ipson (R., District 75) |
Renewable Energy Classifications | Support |
Draft of Enrolled Bill Prepared 2/22/2010 |
| HB116 | Political Subdivision Facility Energy Efficiency | Rep. Hunsaker (R., District 4) Sen. Jenkins (R., District 20) |
Energy Efficiency | Support | Passed House and Senate. |
| HB192 | Renewable Energy- Methane Gas | Rep. Watkins (D., District 69) Sen. Hinkins (R., District 27) |
Renewable energy classification | Neutral | Draft of enrolled bill prepared |
| HB58 | Utah Generated Renewable Energy Electricity Network Authority Board | Rep. Barrus (District 618), Sen. Bramble (R., District 16) |
Neutral | Passed House and Senate. Bill received from House for enrolling. | |
| SB131 | Energy Cost Recovery and Renewable Energy Provisions | Sen. Hinkins (R., District 27) |
Utility Regulation | Watching | Senate Comm - Returned to Rules 2/22/2010 |
| SB47S02 | Electrical Utility Amendments - Efficiency and Conservation Tariff | Sen. Van Tassell (R., District 26) Rep. Mel Brown (R, District 53) |
Utility Regulation | Support | Passed House and Senate! |
| HJR21 | Joint Resolution on Energy Policy | Rep. Noel (R., District 73) Sen. Urquhart (R., District 29) |
Climate change | Oppose | Senate/ placed on 2nd Reading Calendar 3/2/2010 |
| HJR12 | Climate Change Joint Resolution | Rep. Gibson (R., District 6) Sen. Jenkins (R., District 20) |
Climate change | Oppose |
House/ enrolled bill to Printing 3/2/2010
|
HB145S02: Renewable Energy Financing Provisions
Sponsors: Representative Brad Last (R, District 71); Senator Steve Urquhart (R, District 29)
Utah Clean Energy Position: Support
Bill Status
HB145 Fact Sheet
What This Bill Does:
- This bill allows Utah not-for-profit groups, local governments, and other non-taxable entities to take advantage of innovative financing mechanisms and available tax incentives for renewable energy;
- This legislation clarifies that certain third-party financing arrangements are exempt from regulation by the Utah Public Service Commission. These arrangements are permitted in ten other states across the country;
Reason to Support:
- This legislation enables innovative financing for renewable energy technologies.
- This removes barriers to free-market enterprise and is a no-cost way for Utah to drive economic development, increase private capital investment, and attract new manufacturing opportunities;
- Third-party financing arrangements represent an estimated 90% of the U.S. non-residential solar market, as of 2008 (up from 10% in 2006). Utah is losing out on these private investment opportunities.
- This helps local governments, and non-profits (schools, churches, etc) interested in installing on-site renewable energy generation to help meet their energy demand;
- Private sector investments in renewable energy generation can help meet Utah’s rapidly growing energy demand, while helping to put a downward pressure on utility rates, without compromising Utah’s economic growth;
- Third-party businesses have indicated that they will not do business in Utah, unless Utah law clarifies that they will not be subject to regulation as a public utility. This legislation prevents unnecessary government regulation of business.
SB194: Assessment Area Act Amendments (a bill to enable Municipal Energy Improvement Property Assessment Programs)
Sponsor: Senator Niederhauser (R, District 9), Representative Froerer, G (R., District 8)
Current Bill Status
UCE Fact Sheet
UCE Position: Support
What This Bill Does:
- This bill enables Utah municipalities (such as counties, cities, towns, local districts or special service districts) 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 will not increase taxes to non-participants. Participation is 100% voluntary. This bill enables local governments to offer this innovative financing mechanism if supported by their constituents. Non-participants are in no way impacted.
- This bill expands the opportunities within the existing authority of local entities to issue bonds for the purpose of public improvement projects.
- This bill revises Utah’s current Assessment Area Act to expand the definition of special improvement districts and assessment areas to accommodate energy improvements.
Reasons to Support:
- This enabling legislation will help remove significant barriers to energy efficiency and renewable energy, including higher up-front costs and longer payback for certain measures.
- This legislation will help put local contractors back to work and stimulate the local economy through the building retrofit market.
- This policy will empower interested municipal governments to help their citizens and businesses finance energy efficiency and renewable energy retrofit projects through voluntary property assessments. This proven model is simple and smart and will save Utahns money and improve property value.
- Salt Lake County is interested in creating an Energy Improvement Property Assessment Program (EIPA) to enable homeowners to make voluntary energy efficiency and renewable energy improvements to their homes. This bill will enable Salt Lake County and other Counties to offer this program to their constituents.
H.B. 318 - Revolving Loan Fund for Certain Energy Efficient Projects
Sponsors: Roger E. Barrus
Current Bill Status
Utah Clean Energy Position: Support
What This Bill Does:
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.
Reasons to Support:
- Energy efficiency is the cleanest, most affordable energy resource available today.
- Local governments and schools often face challenges in undertaking large energy efficiency projects due to limited financial resources.
- This policy makes it easier for counties, cities, towns to access attractive loans for energy efficiency projects (currently available to school districts), resulting in energy and cost savings that can be re-directed to other important public services.
HB334: Mechanical Contractor Licensing Provisions
Sponsor: Rep. Larry Wiley (D, District 31)
Utah Clean Energy Position: Support
Current Bill Status
What This Bill Does:
- Creates a licensing requirement for individual residential HVAC Air System Technicians (modeled on existing licensing requirements for Utah electricians and plumbers)
- Requires HVAC Air System Technicians to participate in industry-standard training, apprenticeship, and ongoing continuing education
- Temporarily expand the scope of the Plumbers Licensing Board to oversee licensing requirements
Reason to Support:
- Improves the quality of services provided by Utah’s HVAC Air System Technicians
- Technician training and licensure will result in a greater level of code-compliance
- Training and licensure is good business; 33 States have HVAC licensure requirements
- This bill creates a “level playing field” between companies that invest in employee training and companies that hire untrained and under-skilled HVAC contractors
- Correctly designed and installed HVAC systems operate more efficiently – saving energy and money, improve comfort, and reduce excess demand on our utility infrastructure; which helps keep utility rates low
- Poorly designed and installed HVAC systems can use 65% more electricity than those that are properly sized using code-required energy calculations
- Contractors with at least 4 years of practical experience, or equivalent certification, will be considered to hold a license when the policy takes effect. Union training programs will be unaffected
- The bill provides time for industry to adjust, with the proposed changes taking effective in July 2013
HB73: Utah Construction Trades Continuing Education Amendments
Sponsor: Representative Morley (R, District 66) Senator Adams
(R., District 22)
Current Bill Status
UCE Position: Support
What This Bill Does:
- 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.
Reasons to Support
- Creating a standard online tracking system for construction trades will improve accessibility to continuing education and training about best-practices. These changes will also help to streamline the construction trade licensing renewal process and ensure all construction trades meet the continuing education requirements. When a contractor is found in non compliance during the renewal process, their license will not be renewed.
HB45: State Construction Code Adoption
Sponsor: Representative Morley (R., District 66), Senator Adams (R., District 22)
Current Bill Status
UCE Position: Support
What This Bill Does:
- Like other building codes, energy codes are legally adopted guidelines that establish the minimum allowable levels of design and construction for residential and commercial structures to ensure the well being of building occupants. The 2009 IECC establishes specific guidelines for Utah builders to ensure newly constructed buildings are built with highest standards of energy efficiency.
- This bill formally adopts updated building codes for Utah, including adoption of the updated energy conservation code for commercial buildings (2009 IECC or ASHRAE 90.1-07), but does not adopt the 2009 IECC for new homes.
- Residential buildings are exempted from the update and will maintain the current energy code (IECC 2006). NOTE: Federal studies project a 15% energy savings for new homes if the 2009 IECC were adopted for residential buildings. A six-month review process is currently underway to further evaluate the incremental costs, cost-savings, and energy-savings associated with the adoption of the 2009 IECC for residential buildings.
Reason's To Support
- Although this bill does not adopt the new code for homes, it is a step in the right direction, as it provides energy savings in new commercial buildings.
- Beginning in July 2010 all commercial new construction and major remodeling projects will be required to meet the new requirements.
- The updated commercial energy codes (IECC 2009/ASHRAE 90.1-07) are based on the latest building science practices that will save businesses money through reduced energy bills, while improving comfort and increasing durability of buildings constructed in Utah.
- High efficiency buildings provide a competitive advantage over other Western states through the construction of higher quality buildings that cost less to operate.
SB125 - Intangible Property Amendments
Sponsor: Senator Bramble (R., District 16), Representative Garn (R., District 16)
Current Bill Status
Utah Clean Energy Position: Support
What This Bill Does:
- This bill expands the definition of intangible property for property tax purposes to include renewable energy tax credits and incentives.
HJR 20 Green Schools Joint Resolution
Sponsor: Wheatley, M.
Current Bill Status
UCE Position: Support
What This Bill Does
This joint resolution of the Legislature encourages the Utah State
Board of Education and Utah's school districts to consider ways to establish green schools in the state of Utah.
Reasons to Support / Highlighted Provisions:
- Encourages the Utah Board of Education to consider the broader application of the design and construction practices for green schools, both for new construction and major renovation projects undertaken with school district funds;
- Encourages school districts to consider seeking application for
certification of green schools under the United States Green Building Council's Leadership in Energy and Environmental Design rating system (LEED), or certification under a comparable system with requirements at least equivalent to the LEED Silver certification for new or retrofit construction, or other building performance systems like the United States Department of Energy's ENERGY STAR Program.
SB104: Renewable Energy Modifications
Sponsor: Senator Urquhart (District 29), Representative Ipson (R., District 75)
Current Bill Status
UCE Position: Support
What This Bill Does:
- This bill includes certain compressed air energy storage technology (derived from renewable energy resources, such as wind or solar) as a renewable energy source, eligible for consideration for the State Renewable Energy Development Incentives and to count towards Utah’s 20% Renewable Energy Standard Goal (S.B. 202, passed 2008).
- This bill is structured to avoid double counting of renewable energy certificates.
Reasons to Support
- Compressed Air Energy Storage will help integrate greater percentages of renewable energy into our electricity system.
HB 116: Political Subdivision Facility Energy Efficiency
Sponsor: Representative Hunsaker (R., District 4) Senator Jenkins (R., District 20)
Current Bill Status
UCE Position: Support
What This Bill Does:
- This bill clarifies current ambiguity about the use of energy savings agreements by Utah political subdivisions, and provides guidance to political subdivisions about energy savings agreements.
Why to Support:
- Energy efficiency is the cleanest, most affordable energy resource available today.
- Political subdivisions often face challenges in undertaking large energy efficiency projects due to limited financial resources.
- This policy will make it easier for counties, cities, towns, and schools to access energy efficiency projects, resulting in energy savings and cost savings that can be re-directed to other important public services.
HB192: Renewable Energy – Methane Gas
Sponsor: Representative Christine Watkins (D, District 69) Senator Hinkins (R., District 27)
Current Bill Status
UCE Position:
What This Bill Does:
- This bill recognized electrical energy derived from methane gas from certain coal mine facilities as a non-renewable resource, but places is among the types of waste gases considered eligible for Utah’s Renewable Energy Development Incentive, and to count towards Utah’s Renewable Energy Standard Goal (20% by 2025, as per S.B. 202 adopted in 2008).
HB58: Utah Generated Renewable Energy Electricity Network Authority Board Amendments
Sponsor: Representative Roger Barrus (R, District 18), Senator Bramble
(R., District 16)
Current Bill Status
UCE Position: Neutral
What This Bill Does:
- This bill modifies the membership of the Utah Generated Renewable Energy Electricity Network Authority Board
- This bill makes a minor technical change to a bill that was adopted by the legislature in 2009.
SB131: Energy Cost Recovery and Renewable Energy Provisions
Sponsor: Senator David Hinkins (R, District 27)
Current Bill Status
UCE Position: Watching
What This Bill Does:
- This bill creates a vehicle for the Public Service Commission to allow PacifiCorp/Rocky Mountain Power to receive cost-recovery on renewable energy investments
- This bill helps create a more favorable regulatory environment to increase Utah’s renewable energy portfolio
SB47S01 - Electrical Utility Amendments - Efficiency and Conservation Tariff
Sponsor: Sen. Kevin T. Van Tassell, Rep. Mel Brown
Current Bill Status
UCE Position: Support
What This Bill Does:
- Includes language regarding the Utah Public Service Commission's (PSC) approval of tariffs proposed by an electrical utility for demand side management or energy efficiency programs, including direct load control programs;
- Defines "direct load control program";
- Allows customers to choose not to participate in direct load control programs developed by electric utility;
- Requires such programs to be reviewed by an advisory group, convened by the PSC.
Reasons to Support:
- Allows utility companies to significantly improve energy savings through electric load management programs such as the “Cool- Keeper” program.
- Helps Utah keep energy costs down by improving utility system efficiency and maximizing current system capacity.
- Reduces or eliminates the need to build new, more expensive power plants, helping utility companies to maximize current resources.
- Helps meet the growing energy demand in the most affordable way—keeping costs down for everyone.
- Encourages higher participation in load management programs by keeping air conditioning units enrolled unless customers choose to ‘opt-out’.
- Customers have a choice to opt-out once enrolled in the program; however, current participants report a 98% satisfaction rate with the load control program.
- The utility companies will obtain no financial benefit; the utility customers receive the benefits in the form of lower energy bills, downward pressure on electricity rates.
- Additionally, a panel of diverse energy experts will review the program to ensure customers’ interests and property is taken into account and protected.
HJR21: Joint Resolution on Energy Policy
Sponsor: Representative Noel, Senator Urquhart (R., District 29)
Current Bill Status
UCE Position: Oppose
What This Bill Does
This joint resolution urges that Utah withdraw from the Western Climate Initiative.
Reason’s to Oppose:
- Utah ’s participation in the WCI allows us a seat at the table to advocate for climate change strategies that work well for Utah ’s unique economy. Being at the table allows us to be at the forefront of a growing and impending national effort to regulate carbon emissions. It is critically important for Utah to be engaged in the policy debate to develop solutions that will work well for Utah;
- Strategies to address climate change will spur early adoption of energy efficiency measures, while saving Utahns money and making our state more competitive;
- Participation in the WCI sends a clear message to businesses that Utah is an active player in one the fastest growing sectors of the national economy—Clean Energy;
- Through participation in the WCI, Utah can track and get credit for early greenhouse gas reductions.
HJR 12: Climate Change Joint Resolution
Sponsor: Representative Kerry Gibson (R, District 6) Senator Jenkins (R., District 20)
Current Bill Status
UCE Position: Oppose
What This Bill Does
- This resolution urges the United States Environmental Protection Agency to cease its carbon dioxide reduction policies, programs and regulations pending an “independent investigation” of climate data and global warming science.
