This has been a busy month! I was hoping to get this email out sooner, but hopefully, it is better late than never. 🙂
June Interim Meetings
You can find summaries and links to all June interim committee discussions HERE. Following are highlights that address some of the topics of concern my constituents have emailed me about.
Education Interim Committee and Educational Equity
Members of the State Board of Education gave a presentation on Administrative Rule R277-328, which addresses how educational equity is included in educator professional learning and classroom instruction. They also updated the committee on their response to S.R. 901 and H.R. 901, resolutions on critical race theory in public education passed by the Senate and House of Representatives.
You can find the meeting agenda, materials, audio, and links HERE.
Health And Human Services Interim Committee and Transgender Discussions
You might remember that two bills were introduced in the 2021 General Session dealing with transgender issues which were very controversial and divisive. Neither passed. This committee meeting was devoted to discussing these issues to understand them better and hopefully find solutions. You can find the agenda and quick links to the materials sent to our committee HERE.
Discussion on Medical Care for Transgender Minors
We listened to presentations from a transgender advocacy organization, an Adolescent Medicine Physician, and Rep. Rex Shipp, the 2021 bill sponsor addressing issues related to prohibiting certain types of medical care for transgender minors. We were also able to ask questions. The discussion was very respectful and informative, but there is a clear need for more data on the long-term ramifications of treatment and de-transitioning.
Participation by Transgender Youth in School Sports
We spent the last part of the meeting discussing issues related to transgender minors and participation in school sports. We heard from Rep. Kera Birkeland, sponsor of the 2021 bill, David Spatafore, representing the Utah High School Activities Association, and Sue Robbins of the Equality Utah Transgender Advisory Council. HERE is a link to background information prepared for our Committee by the Office of Legislative Research and General Counsel that includes policies enacted by other states and state high school associations.
You can find the meeting agenda, materials, audio, and links HERE.
Drought, Wildfires, and Fireworks
Drought and Wildfire Report
I received an update from the Utah Department of Natural Resources earlier this week on the drought and our wildfire situation. During April and May, the state’s dry conditions and record high temperatures in June continue to elevate drought conditions.
â—Ź Air temperatures for the week were 9.4 degrees Fahrenheit above average.
â—Ź Soils are 12% drier than average, with soil moisture for June 21 at 42.2% saturation, compared to an average of 54.7% saturation.
Because of our dry winter and inadequate snowpack, our record dry soils quickly absorb the little runoff and rain we received. As a result, streams statewide are flowing at less than 50% of normal, which means less water is getting to reservoirs.
● Sixty-four of Utah’s 96 stream gauges reporting data are flowing well below normal.
â—Ź Fourteen streams are flowing at their lowest levels ever recorded.
Please be aware and careful of how much water you and your family are using. Every little bit of conservation can make a difference.
Another huge concern are the wildfires occurring throughout the state. Fire danger indicators are at record levels because of the dry conditions. People cause most wildfires in Utah, but we are doing a lot better this year than last year. Despite the improvement, over the past two weeks, abandoned campfires and vehicle-related starts have been the leading causes of wildfire. DNR has sent out the following guidelines:
• Campfires should never be left unattended
• All campfires should be thoroughly extinguished after use
• Campfire restrictions are widely in place throughout the state, check utahfireinfo.gov
• Keep tires properly inflated and exhaust systems maintained
• Ensure trailer chains are secured and not dragging
• Don’t ignore the tires and axles on your trailers
• Keep an eye on your trailer and with any sign of trouble, pull over to a safe place as soon as possible
Fireworks
With the July holidays coming up, there has been a lot of discussion about who has the authority to ban fireworks and if the legislature should issue a statewide ban. There is not going to be a special session to institute a statewide ban of fireworks or to increase the authority of municipalities to issue blanket bans.
We have already had at least one fire started in Provo from a firework this week. Keeping our freedoms requires us to be responsible and to be thoughtful in our choices. PLEASE be both when exercising your freedom to light fireworks. Some of my favorite memories involve celebrating our nation with my family and fireworks. Let’s make sure we can keep this tradition by exercising caution and care if lighting fireworks this year (and every year, for that matter!).
Municipalities do have the authority to prohibit fireworks in certain areas for fire danger. KSL has a list of restrictions enacted by cities that they are keeping updated. You can find that HERE.
If you are interested in the legalities, our legislative general counsel sent the following explanation about municipalities and banning fireworks.
“Generally, a municipality may not prohibit a person from discharging class C common state approved explosives (what we generally consider fireworks) during permitted periods (around July 4, July 24, etc.). (53-7-225(5).) However, one important exception is when a local “fire code official determines that existing … hazardous environmental conditions necessitate controlled use of any ignition source, including fireworks…” (15A-5-202.5(1)(b).)
When using this exception, statute describes where municipalities can prohibit ignition sources like fireworks. Here is the statutory list (15A-5-202.5(1)(b).):
1.1.1. mountainous, brush-covered, forest-covered, or dry grass-covered areas;
1.1.2. within 200 feet of waterways, trails, canyons, washes, ravines, or similar areas;
1.1.3. the wildland urban interface area, which means the line, area, or zone where structures or other human development meet or intermingle with undeveloped wildland or land being used for an agricultural purpose; or
1.1.4. a limited area outside the hazardous areas described in this paragraph 1.1 to facilitate a readily identifiable closed area, in accordance with paragraph 2.
Furthermore, the municipality is required to:
2.1. designate the closed area along readily identifiable features like major roadways, waterways, or geographic features;
2.2. ensure that the boundary of the designated closed area is as close as is practical to the defined hazardous area, provided that the closed area may include areas outside of the hazardous area to facilitate a readily identifiable line; and
2.3. identify the closed area through a written description or map that is readily available to the public.
Given these requirements, while many municipalities could use this provision to limit fireworks throughout a significant area of each municipality, attempting to prohibit them throughout an entire municipality would seem to violate the intent of the statutory limitations.”
Stay safe and have a wonderful 4th of July!!! If you have any questions or comments, please let me know.