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Committee advances technical change to environmental‑action definition, excluding coal primacy language
Summary
The committee unanimously recommended House Bill 438 (substitute), which modifies the definition of environmental actions to address a requirement from the Office of Surface Mining related to the state’s coal program and primacy.
House Bill 438 (first substitute) received a unanimous favorable recommendation from the Senate Natural Resources committee after legislators and the Utah Division of Oil, Gas and Mining clarified the measure addresses language required by the Office of Surface Mining concerning coal primacy.
Senator Hankins, the floor sponsor, said the substitute modifies definitions of environmental actions to address a requirement from the federal Office of Surface Mining. Mick Thomas, director of the Division of Oil, Gas and Mining, told the committee the Office of Surface Mining reviewed earlier language from around 2012 and determined the coal program must be excluded from the environmental‑litigation language for the state to maintain primacy for coal permitting.
The director said the bill specifically removes the coal program from coverage by the environmental litigation language. There was no public comment in committee and no amendments were offered. A committee member moved to recommend the substitute favorably, and the motion carried by unanimous voice vote. The substitute will advance to the full Senate with the committee's favorable recommendation.
