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Committee approves House Bill 1389 after debate over utility-usage data and annexation language; 9-2
Summary
The Rules and Legislative Procedure Committee approved House Bill 1389, which creates the CCR and bars certain local utility-usage data ordinances, and resolved annexation language related to railroad easements. The bill passed the committee 9-2 amid procedural objections that some language was added without public testimony.
The Rules and Legislative Procedure Committee voted 9-2 to advance House Bill 1389 after members debated provisions that prohibit counties and municipalities from adopting ordinances that require building owners to compile unit-level utility-usage data and after clarifying annexation language involving railroad easements.
Senator Bohachuk, presenting the bill, said the CCR established by the House bill "has some provisions that prevent, that prohibit a County or municipality from adopting a data or utility usage ordinance." He explained those ordinances would require the owner of a property to "accumulate the data, from for utility usage at an apartment building," and said gathering that information could be "pretty troublesome" and pose safety concerns for water usage. He also noted the bill resolves a conflict created by new annexation language related to railroad easements.
Senator Hundley objected on process grounds. "Procedurally I would say the House did not really put this in in good faith," Hundley said, arguing the language was added during a second-reading amendment on the House floor and had not received public testimony in the Senate. Hundley said committee review should respect the Senate's procedures and public input requirements.
Senator Bohachuk and other members responded that the language had been vetted in other measures. Committee members identified House Bill 1473 and Senate Bill 197 as sources for the annexation language and said section 3.7 of the bill is prospective, applying to territory that becomes surrounded on all sides by a municipality after June 30, 2025. The sponsor described the annexation provision as addressing parcels bisected by railroad tracks and said the provision would allow municipalities to annex parcels on the opposite side of tracks under certain, primarily friendly, annexation processes. A committee member noted he believed the railroad industry supported the change because it reduced administrative burdens when parcels were split by tracks.
On origins of the language, a committee member stated the provision had been added in committee and in Senate Bill 197, and the presenter said the House bill created the CCR. Representative Pressell was acknowledged at the close of the item's consideration.
Roll-call votes recorded for the item included yes votes from Senator Yoder, Senator Poe, Senator Bassler, Senator DeBotte, Senator Holman, Senator Glick, Chairman Bridal and others; Senators Kidura and Heinle recorded no votes. The clerk announced, "Passes 9 to 2."
