House members pass bill on permit-bonding

Published: Wednesday, Feb. 22 2006 9:50 a.m. MST

House members Tuesday passed HB259 by Rep. Aaron Tilton, R-Springville, which, as amended, allows the Air Quality Control Board to require a bond from any group seeking a stay in a board permit.

Tilton said it takes seven years to get a new electrical power plant to be built, but only three years is in construction — the rest is permits.

The bill originally said the board must require a bond. But by changing it to allow the board to require a bond, federal law is more closely followed, advocates said.

Rep. Ralph Becker, D-Salt Lake, said the bill — and other permit-bonding bills Tilton is carrying — are unconstitutional because they hinder a person's access to the courts. But Tilton and others said it is an administrative process, not a court process, and as such is perfectly legal.