Members Present:
Sen. Carlene M. Walker, Senate Chair
Rep. David L. Hogue, House Chair
Sen. Beverly Ann Evans
Sen. David L. Gladwell
Sen. Paula F. Julander
Rep. Stephen D. Clark
Rep. David N. Cox
Rep. Scott Daniels
Rep. Fred J. Fife III
Rep. Kory M. Holdaway
Rep. Joseph G. Murray
Rep. Darin G. Peterson
Rep. Richard M. Siddoway
Rep. Max W. Young
Staff Present:
Joseph Wade, Research Analyst
Robert H. Rees, Associate General Counsel
Joy L. Miller, Legislative Secretary
1. Committee Business
Chair Walker called the meeting to order at 2:20 p.m.
MOTION: Rep. Siddoway moved to approve the minutes of the September 18, 2002 meeting. The motion passed unanimously with Sen. Evans, Sen. Julander, Rep. Hogue, Rep. Clark, Rep. Cox, and Rep. Holdaway absent for the vote.
2. Annual Report from Utah's Seven Associations of Governments
Mr. John Williams, Executive Director, Five County Association of Governments, distributed a map outlining the seven AOGs (Associations of Governments) in Utah. He explained that the seven AOGs coincide with the boundaries of state-created planning districts. There are areas that are heavily involved in planning. Each area has different needs for services which is the purpose for the local government boards allowing local officials to have a direct impact upon many programs. Mr. Williams reviewed the activities that AOGs provide to the state.
3. Followup - Local Planning for Source Protection of Watersheds
Mr. Brent Bradford, Deputy Director, (DEQ) Department of Environmental Quality, explained that the working group has spent the summer reviewing the issue of local planning for source protection of watersheds. He stated there are many who are interested in the issue. Those who provide water and those who have the ability to regulate land uses for their area are critical to the discussions. He said they are still working to develop a resolution.
Mr. Fred Finlinson, Attorney with Callister, Nebeker & McCullough, explained the process the working group has been following. The group has developed a plan that would blend the land use authority vested in cities and counties with the providing of drinking water and wastewater. The concept would require each county to prepare a drinking water protection plan to be submitted to the state Drinking Water Board for review. Counties would be allowed to assess the cost of preparing the plan back to the public water systems that would benefit from it. Some of the requirements of the plans are to comply with state drinking water law and rules issued by the board, provide a protection for each public water system in the county, make provisions to protect clean streams against degradation, and identify known or potential sources of pollution. Mr. Finlinson noted that the planning process was well received but concerns were raised with the enforcement mechanism. He stressed that the working group is attempting to augment the authority cities have to protect their water systems. He requested that they be allowed to report back to the Committee at the November meeting.
4. Criminal Background Checks for Water Employees
Mr. Bob Rees distributed draft legislation "Criminal Background Checks By Political Subdivisions Operating Water Systems." The legislation provides authorizing political subdivisions of the state that operate a public water system to require prospective and current employees and contractors to submit to a criminal background check. It also provides for notice to a person whose employment is denied or terminated and for review of the denial or termination.
Ms. Kelly Buckley, Human Resource Manager, Metropolitan Water District in Salt Lake and Sandy, stated they are currently doing background checks through the Utah Bureau of Criminal Identification. It costs them $38 which includes $10 for a Utah background check, $10 for a fingerprint check, and $18 for a federal criminal background check. Currently they have to do separate checks for each process.
Mr. Kevin Brown, Director, Division of Drinking Water, suggested language be added that Utah's operator certification division be notified if any problems are indicated on the background check for prospective certified operators so they have the opportunity to share that information with other states.
The committee discussed the proposed legislation and possible problems with confidentiality and privatization.
MOTION: Sen. Evans moved to adopt draft legislation "Criminal Background Checks By Political Subdivisions Operating Water Systems" as a committee bill with the language modification as requested by Mr. Brown.
SUBSTITUTE MOTION: Rep. Holdaway moved to go to the next item on the agenda. The motion passed unanimously.
Chair Walker indicated that staff would make the necessary changes to the bill and it would be brought back before the Committee at the November meeting.
5. Emergency Medical Services to Annexed Areas
Rep. Peggy Wallace reviewed draft legislation "Provision For Emergency Medical Services." She explained that the legislation requires a municipality that intends to annex a geographic service area and provide EMS (emergency medical services) to that area, to certify to the Department (Department of Health) that the municipality can meet current EMS levels. The bill would also require the Department to amend a municipality's license for EMS to include the annexed area after final approval of the annexation. The legislation applies specifically to municipalities that already have a license for EMS ambulance services. Rep. Wallace indicated that the bill would make the current process less cumbersome.
Mr. Jake Nielson, Fire Chief, West Jordan Fire Department, said the original licensing procedures adopted by the state Bureau of EMS were good ones. It is still a good process for rural areas, but it is not valid for the Salt Lake valley. He gave a presentation on the Alliance (Salt Lake Valley Fire Alliance). He noted that through many discussions, the Alliance determined that many of the problems with operational issues were due to the mutual aid system that was created. The mutual aid system is when one agency has a significant emergency and calls a neighboring agency for help. The process was slow and contributed to dysfunctional relationships. The Alliance developed an automatic aid system which has preassignments for all responses. Mr. Nielson stated there is constant coordination through the Valley Emergency Communications Center and the Salt Lake City Communications Center.
Mr. Van Summers, West Valley Fire Chief, explained that, for example, if West Valley wanted to annex a portion of Kearns and did not have licensure for EMS transport, West Valley would have to go through the state EMS hearing process. If they had a license already for EMS service, the legislation would allow them to automatically begin to provide that service without going through the hearing process.
Mr. Dave Spatafore, League (Utah League of Cities and Towns), said the League has not yet taken a formal position on the legislation. He stated the bill will have universal application throughout the state, but is selective in its use depending on whether the preconditions are met.
Ms. Iona Thraen, Department of Health, distributed a handout "Emergency Medical Services to Annexed Areas: Master Study Resolution #74." She noted the purpose of the regulation is to assure statewide access to Utah citizens for EMS services, assure a seamless statewide system, protect against the creation of orphan areas, and assure adequate infrastructure and provider viability. She reviewed the current statute provisions and gave a brief history of how the issue was approached in the past. Ms. Thraen stated that in the proposed legislation there is no notification of the current provider in the annexed area. The bill also shifts the burden to the Department of proving whether the area can be served appropriately.
MOTION: Sen. Evans moved to request that Rep. Wallace meet with the Department of Health and other interested parties to resolve the issues that have been raised. Rep. Wallace would bring the bill back before the Committee at the November meeting. The motion passed unanimously with Rep. Clark absent for the vote.
6. Other Items / Adjourn
MOTION: Rep. Holdaway moved to adjourn the meeting. The motion passed unanimously with Rep. Clark absent for the vote. Chair Walker adjourned the meeting at 4:25 p.m.