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SALT LAKE CITY — Utah lawmakers overwhelmingly heard the outcry of their constituents on threatened wood-burning restrictions, passing a measure on the final day of 2015 Legislature that prohibits a seasonal ban.
In a 45-day legislative session largely unscathed by the haze of notorious wintertime inversions, state lawmakers spoke clearly on the notion that some regulations to clean up the air can go too far — especially if they feel the rules compromise individual liberties and the desired outcome is doubtful.
The Utah Legislature approved HB396, which prohibits an all-out ban on wood burning. In its original form, it attempted to put into law a system nearly identical to what exists now: burning restrictions that go into place along the Wasatch Front when air pollutants reach a certain level and no restrictions when the air is clean by federal standards.
The bill, which was changed to prohibit an outright ban, passed the House on Thursday on a 56-12 vote and now goes to the governor for his signature.
Rep. Brad Dee, R-Ogden, said in earlier committee testimony on his bill that it was starkly clear to him that people do not want their ability to warm their homes messed with at all — and many residents want to be able to burn anytime, anywhere, and practically anything.
Legislative response to a proposed seasonal wood-burning ban in seven counties or portions of those counties grew out of a request by Gov. Gary Herbert to consider invoking such a measure.
2nd hearing on wood burning ban brings mixed input
They sat on the floor, lined the walls of the state agency's board room and spilled out into the hallway during a Thursday night hearing on a proposed rule that would ban residential wood burning during the inversion season.The Utah Division of Air Quality drafted a rule and put it out for public comment earlier this year, hosting seven hearings in the impacted counties that drew well over 1,000 people. The overwhelming majority of those people who packed the hearings were opposed to a seasonal ban, and they swamped lawmakers with their concerns.
Clean air advocates such as HEAL Utah and Utah Physicians for a Healthy Environment have been soundly dismayed over the legislative response on wood burning but noted with relief the long-awaited legislative passage of a measure that should give the Utah Air Quality Board more flexibility to craft more localized responses to pollution troubles.
That measure, HB226, was sponsored by Rep. Becky Edwards, R-North Salt Lake, and is central to an effort that has been sought for three years to modify what had been a state prohibition on enacting laws that are "stricter" than what the federal government has on the books.
While Edwards' bill does not repeal that law, it allows the division and the board more flexibility.
"Physicians and their patients all across the state are excited to see this bill finally move forward," said Tim Wagner, executive director of Utah Physicians for a Healthy Environment. "The DAQ must have the flexibility to develop Utah-specific rules to address air pollution. We commend Rep. Edwards for shepherding this critically important legislation."
Although buoyed by that victory, advocates had plenty of other reasons to be disappointed. A key measure to replace dirty diesel school buses by providing $20 million in one-time money failed to get priority for the second year in a row.
Physicians and their patients all across the state are excited to see this bill finally move forward. The DAQ must have the flexibility to develop Utah-specific rules to address air pollution. We commend Rep. Edwards for shepherding this critically important legislation.
–Tim Wagner, executive director of Utah Physicians for a Healthy Environment
Rep. Steve Handy, R-Layton, said his measure, HB49, faced too much legislative opposition despite finding support among clean air advocates, the public, school districts and even the governor.
"It's dead," Handy said. "No clean fuel school buses this year. It didn't and won't get funded. The $20 million is too high of a hurdle for many. I'm discouraged. We're already talking about what to do next year, if anything at all."
Late into Thursday evening, groups were also waiting for the passage of HB285, which puts required updates in residential energy efficiency codes on a six-year cycle rather than three years.
"We think the bill is a bad idea and not in the best interest of Utah citizens and homebuyers," said Sarah Wright, executive director of Utah Clean Energy.
Wright said Utah's current residential energy code is only slightly better than international standards adopted in 2006, and the bill would delay mandates to improve energy efficiency and curtail pollution on new home construction.
"Try to imagine what cellphones were like in 2006," she said.
The bill was amended late in the final hours of the session Thursday, however, leaving lawmakers with no time for its passage.
Advocates considered it a narrow but significant victory
