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House approves bill requiring local notification to refineries ahead of nearby nonindustrial zoning changes
Summary
HB 169 passed the Utah House after sponsors said it will require municipalities and counties to consult refinery operators before approving nonindustrial zoning changes within 500 feet of refineries; supporters framed it as a safety and planning measure developed with refineries and local governments.
SALT LAKE CITY — The Utah House passed House Bill 169 on March 5 after sponsors described the measure as a narrowly tailored step to improve communication between municipalities, counties and refinery operators following a November 2009 explosion at a Davis County refinery.
Representative Rebecca Edwards, sponsor of the bill, said HB 169 "requires counties and municipalities to consult with refineries before making a nonindustrial zoning change to permit development within 500 feet of a refinery." She emphasized the bill does not override local zoning authority: "The ultimate authority for zoning or land use decisions still resides with the municipalities," Edwards said.
Representative Roger Barris and others from Davis County voiced support, saying the bill emerged from stakeholder discussions that included refinery representatives, municipalities, counties, the Utah Petroleum Association and OSHA. "This is a good step toward improving the safety of the operations around communities," Barris said.
Representative Allen, also a supporter, told members that some refineries are already buffered but others are close to homes and said the bill would improve consultation and safety going forward. He also urged the state to adequately fund agencies responsible for inspections.
On the floor, sponsors framed the measure as a consensus product, noting unanimous committee support in Natural Resources. The bill passed the House with a recorded tally of 63 yes and 11 no and will be transmitted to the Senate for consideration.
What's next: HB 169 will be considered by the Senate; implementation would remain primarily at the municipal and county level with required consultation obligations and no new direct zoning power granted to refineries or the state.
