Get Full Government Meeting Transcripts, Videos, & Alerts Forever!

House panel backs municipal utility lien rules, adds counties to greenhouse code and advances county governance changes

February 19, 2025 | 2025 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

House panel backs municipal utility lien rules, adds counties to greenhouse code and advances county governance changes
The House Political Subdivisions Committee on Feb. 20 advanced three bills to the House floor, unanimously approving changes that expand municipal lien authority for certain unpaid utility fees, add county coverage for small agricultural greenhouses known as high tunnels, and alter options and districting rules for some county governments.

Representative Quinn Cutler, sponsor of House Bill 295 (second substitute), told the committee the measure responds to municipalities that have struggled to collect fees for utilities that cannot easily be shut off, such as stormwater and sewer. "When someone doesn't pay their fair share, other people have to pick up the tab," Cutler said, describing study findings that about 3% of accounts go more than three months past due and that using a lien process resolved roughly 90% of those cases in some districts.

Why it matters: Committee members and multiple local officials said the bill is intended to give local governments a narrow, predictable tool to collect unpaid utility fees without resorting to costly collection suits or repeatedly tying up city staff time. The committee adopted an amendment to require a longer notice period before a lien can be placed — changing the bill's 30‑day minimum to 60 days — and the sponsor said he will work with drafters and stakeholders on foreclosure and tax‑sale language before floor consideration.

Key provisions and testimony on HB 295:
- Scope: The second substitute narrows lien authority to certain utilities that generally cannot be disconnected (stormwater and sewer) and in many cases includes water. Cutler said the language was narrowed at stakeholders' request.
- Priority and collection: The bill aligns municipal lien interest/fees with the approach special service districts use; sponsors revised earlier authority so that lien charges would be consistent with other property‑tax lien practice rather than treated as low‑priority non‑tax liens that could accumulate and impede sales.
- Interest cap: Sponsors said they reduced the possible interest range to the equivalent of other property tax‑style liens (described in committee as about 7–10%).
- Notice period: The committee adopted an amendment (moved by Representative Walter) changing the earliest notice period for placement of a lien from 30 to 60 days after notice of a past‑due service fee.
- Foreclosure and tax‑sale concerns: Bert Harvey, who identified himself as the Utah County property tax administrator, told the committee the intersection of these liens with tax‑sale law (he referenced Utah Code 59‑2) may need clarification so that liened fees behave as intended in the county tax‑sale process. Sponsor Cutler said he would work with the committee and the drafting attorney on that issue.

Local officials and associations who testified in favor included former Representative and current city manager Mike Winder, LeGrande Bitter of the Utah Association of Special Districts, Jared Tingey of the League of Cities and Towns, Tas Bisson of the Utah Home Builders Association, and Ogden City management services director Lisa Stout. LeGrande Bitter said he was not aware of any instance where a district had initiated foreclosure on these liens and described the per‑property amounts as small while the aggregate recovery at tax time was substantial. Lisa Stout told the committee, "Honest taxpayers should not be subsidizing deadbeats."

Committee action on HB 295: The committee adopted the second substitute, adopted the 30‑to‑60‑day amendment, and voted to recommend the bill favorably as amended. Committee members announced the actions passed unanimously.

HB 435 — Building code amendment for high tunnels
Representative Ken Kohler sponsored House Bill 435, which adds counties to the existing code language for high tunnels — commonly called hoop houses or small greenhouses — that cities already allowed under Title 10. Kohler said the change brings county regulations in line with the 2015 city code provision and includes one technical amendment (adding the word "growing").

Why it matters: Supporters said the structures are temporary, primarily agricultural, and pose minimal public‑safety risk while helping producers extend their growing season. Craig Butters of the Utah Department of Agriculture and Food, Terry Camp of the Utah Farm Bureau Federation, and Kevin Roberts of Roberts Ranch Hoop Houses all urged the committee to approve the bill. Kohler noted that if owners add power or certain utilities to a high tunnel, standard permitting and inspection rules would apply.

Committee action on HB 435: The committee adopted amendment 1, then voted to recommend House Bill 435 favorably as amended; the vote was unanimous.

HB 356 — County governance amendments
Representative Tusher sponsored House Bill 356 (first substitute), a broader bill that would change county governance options and districting in some counties. Tusher told the committee the bill makes two main changes: (1) for counties in classes three through six that adopt a county council form of government, at least 65% of council seats must be elected from districts (rather than all at‑large), and (2) it would remove the option for counties in those classes to adopt the executive‑council form (an elected county executive) and instead leave voters the choice to move to a council‑manager model or revert to the default three‑member commission form if a proposed change fails.

Why it matters: Supporters and some speakers from affected counties said the measures are targeted responses to local governance problems where at‑large seats or a strong elected executive have produced unrepresentative results or operational friction. Testimony included remarks from Craig Butters (former Cache County executive) and Dave Erickson (Cache County Council), who supported the bill but urged attention to fallback options; several speakers suggested a five‑ or seven‑member commission might be preferable to returning to a three‑member commission in some counties.

Committee action on HB 356: The committee adopted the first substitute and voted to recommend House Bill 356 favorably, with members discussing the prospect of further work on default structures and district sizes.

Votes at a glance
- House Bill 295 (second substitute) — municipal service fee lien amendments: second substitute adopted; amendment changing 30 days to 60 days adopted; committee recommended favorably as amended (unanimous).
- House Bill 435 (amended) — building code high‑tunnel (greenhouse) amendments: amendment adopted; committee recommended favorably as amended (unanimous).
- House Bill 356 (first substitute) — county governance amendments: first substitute adopted; committee recommended favorably (unanimous).

What the committee said next: Committee members and sponsors repeatedly said they would consult with drafting attorneys and affected stakeholders on outstanding technical issues — especially foreclosure, tax‑sale interaction and precise lien priority language for HB 295 — before the bills reach the House floor.

Ending: The committee concluded its agenda after the three measures and adjourned. Several members asked staff and sponsors to return with clarifying language where requested before final floor action.

View full meeting

This article is based on a recent meeting—watch the full video and explore the complete transcript for deeper insights into the discussion.

View full meeting

Sponsors

Proudly supported by sponsors who keep Utah articles free in 2025

Excel Chiropractic
Excel Chiropractic
Scribe from Workplace AI
Scribe from Workplace AI