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Debate over Utah Energy Office bill centers on advisory council makeup and rulemaking powers; House circles bill for further work
Summary
Lawmakers debated House Bill 40, which would convert the Utah Energy Office into a division; floor fights focused on advisory board membership, balance between public and agency voices, and whether the new division’s rulemaking authority would be broadened. The House ultimately 'circled' the bill to allow more work on composition and language.
House members spent a substantial portion of floor time debating House Bill 40, a measure to change the Utah Energy Office into a division and to set the composition and duties of its advisory council.
Sponsor Representative Lee Allen told members the measure is primarily organizational: "We're just changing mainly a name change," he said, adding the bill had no fiscal impact and that the office largely operates on federal funds. Representative Mon Evans offered an amendment (pink sheet) to add additional legislative seats to the advisory board so legislators of both parties could serve and gain experience from board membership.
Debate threaded through two core concerns: balance of voices on the advisory council and the extent of rulemaking authority granted to the new division. Opponents of expanding legislative seats warned adding more lawmakers could unbalance the board and reduce public representation; supporters said adding legislators ensured bipartisan input. Representative Harward warned that the bill’s subsection (page 5, paren b) could give the division broad administrative rulemaking authority, cautioning that "the division would then have the power by administrative rule to regulate the production, processing, utilization and conservation and development of energy resources" — language that opponents said risked unintended regulatory power. The House removed the referenced parentheses language in a successful amendment vote.
Members also proposed substantive inserts: Representative Wright moved to add language that the division should "become a supporter and advocate for energy development," a proposal that generated further debate about whether the office should be explicitly pro‑development or neutral in coordinating policy. Numerous members urged caution to preserve a balance among conservation, development, and public expertise.
After extended debate and additional amendment votes, members moved to 'circle' the bill — a procedural step to delay further action and refine the language and membership rules. That motion passed by voice vote; the bill was circled for later floor consideration rather than taken to a final vote that day.
The record shows the bill will return to the House floor after members and committees have had an opportunity to reconcile membership categories and the extent of any rulemaking authority the new division may hold.
