House debates SB 146 over landfill fees for municipalities; amendment fails

SALT LAKE CITY — Lawmakers spent a large portion of Tuesday's House session debating Senate Bill 146, a measure to "equalize fees" on nonhazardous solid waste and construction-and-demolition debris. The bill would set a 50¢ per-ton fee for most recipients while assessing municipalities and counties a reduced, formula-based fee the sponsor said is equivalent to about 11¢ per ton.

"This treats them all the same," the member who moved a flat-fee amendment said in defense of a proposal to set a single 15¢ per-ton rate for every facility. The amendment was rejected in a roll-call vote, 24–48.

Sponsor's intent and structure Representative Urquhart, the bill sponsor identified during questioning, told colleagues the reduced municipal rate reflects a different primary purpose for those facilities and the state's interest in encouraging regional landfills. He said municipalities often rely on DEQ oversight and should not be exempt from contributing to the cost of that oversight.

Costs and the amendment Representative Mascaro, who described technical and fiscal details from his experience with DEQ permitting, warned that the proposed flat 15¢ rate would create winners and losers because the current tiered formula yields impacts ranging from about 6¢ to 24¢ per ton for different facilities. "If I'm gonna go either way on that," Mascaro said, "I think you should understand that there's a range from 6¢ to 24¢ here calculated."

Opponents of new municipal fees argued that adding charges on municipal landfills could encourage illegal dumping and that local governments already charge user fees to operate facilities. Several members urged the Legislature to stop withdrawing general fund dollars from the DEQ restricted account rather than impose a new local fee.

Account balance and oversight Multiple members said the DEQ restricted account is "underwater" at about $1.5 million because of past transfers to the general fund. Representative Hogue read the statute cited by colleagues (code 19-1-1108) describing how the first portion of fees are deposited to the general fund and the balance to a restricted account that supports radiation control, solid waste oversight and other DEQ functions.

Supporters of SB 146 said the bill helps preserve the state's delegated federal responsibilities and provides revenue to maintain necessary inspections and technical assistance. Members noted large upfront costs for developing a municipal landfill (site-characterization work and studies frequently exceed $400,000) and argued DEQ needs stable funding to perform monitoring and permit reviews.

Procedural outcome The amendment to insert a flat 15¢/ton and delete identified lines failed on a 24–48 recorded vote. Later procedural motions produced mixed outcomes: the House voted 35–30 to reconsider the earlier amendment language, but a subsequent motion (the Seitz motion to delete the language) failed 33–36. The transcript does not record a final disposition of the underlying bill during the segment provided.

What lawmakers said "If we take out this 11¢ a ton, then fair is fair," a supporter argued, describing the municipal concession. A critic warned, "If we increase the fee, I think we're going to actually ask for more [illegal dumping]." Several members urged restoring or protecting the DEQ restricted account rather than adding new charges on municipal entities.

Next steps The House kept debate open and proceeded through additional bills and motions; the transcript in this record ends before a final, recorded passage or rejection of SB 146.