Rep. Bob Marshall

The bill grants the energy and carbon management commission (commission) authority over class I, class IV, and class V injection wells and allows the commission to seek and adopt rules related to primacy from the United States environmental protection agency (EPA) for these classes of injection wells. The rules adopted by the commission may only be more stringent than corresponding federal requirements if certain findings are made at a public hearing. The commission may assess and collect fees related to the regulation of class I, class IV, and class V injection wells. A person that willfully violates a rule, permit, authorization, or order of the commission related to these classes of injection wells commits a misdemeanor and is subject to certain penalties. The executive director of the department of resources (executive director) is required to propose initial spending authority in the amount necessary to enforce rules for the permitting, authorization, and regulation of class I, class IV, and class V injection wells. The office of state planning and budgeting (OSPB) is also required to submit a proposal to eliminate or minimize the impact of associated fee revenue for the first state fiscal year that the fee revenue is assessed on the state fiscal year spending limitation in the state constitution.     The bill also grants the mined land reclamation board (board) authority over class III injection wells and allows the board to seek and adopt rules related to primacy from the EPA for class III injection wells. The board may assess and collect fees related to the regulation of class III injection wells. The rules adopted by the board may only be more stringent than corresponding federal requirements if certain findings are made at a public hearing. A person that violates a rule, permit, authorization, or order of the board related to class III injection wells or that operates a class III injection well without a permit from the board is subject to certain penalties. The bill also provides that a class III injection well is not eligible for an exemption from designated mining operation status, which status subjects the operator to certain rules adopted by the board. The executive director is required to propose initial spending authority in the amount necessary to enforce rules for the permitting, authorization, and regulation of class III injection wells. OSPB is also required to submit a proposal to eliminate or minimize the impact of associated fee revenue for the first state fiscal year that the fee revenue is assessed on the state fiscal year spending limitation in the state constitution.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act defines critical infrastructure material as any component or part used in covered infrastructure that is made of or contains a commodity metal, the theft of which poses an imminent threat to life or the physical safety of a person, including through serious harm to the basic supply of covered infrastructure to the population or to the exercise of a core function of covered infrastructure. The act adds critical infrastructure materials to regulations in existing law on the sale and possession of commodity metals.     The act prohibits an owner, keeper, or proprietor (owner) of a junk shop, junk store, salvage yard, or junk cart or other vehicle, and every collector of or dealer in junk, salvage, or other secondhand property who buys a critical infrastructure material (buyer) from paying cash for the critical infrastructure material unless the seller is paid by means of any process in which a picture of the seller is taken or the transaction is worth less than $300.     The act prohibits a buyer from possessing critical infrastructure material without an affidavit from the seller or donator of the commodity metal. Unlawful possession of critical infrastructure materials is a class 2 misdemeanor if the amount is less than $1,000, a class 2 misdemeanor if the amount is $1,000 to $2,000, and a class 6 felony if the amount is $2,000 or more.     A buyer who unknowingly takes possession of critical infrastructure material as part of a load of otherwise noncritical infrastructure materials with an affidavit stating they can transfer the noncritical infrastructure material has a duty to notify the appropriate law enforcement agency or municipal code enforcement agency. Failure to report stolen critical infrastructure materials is a class 2 misdemeanor if the amount is less than $1,000, a class 2 misdemeanor if the amount is $1,000 to $2,000, and a class 6 felony if the amount is $2,000 or more.     An owner of a junk shop, junk store, salvage yard, or junk cart must make their book or register available to a law enforcement agency or municipal code enforcement agency upon request.     The act modifies existing criminal penalties related to the theft of commodity metals so that it is a class 6 felony for any amount that is $2,000 or more.(Note: This summary applies to this bill as enacted.)

The act defines, and creates requirements for, portable-scale solar generation devices. In addition, the act prohibits a provider of retail electric service or wholesale energy from, among other things, requiring a customer to obtain the provider's approval before installing or using a portable-scale solar generation device. The act also prohibits a person from directly or indirectly unreasonably prohibiting the installation, use, or operation of a portable-scale solar generation device. A covenant or restriction that explicitly or indirectly unreasonably prohibits or restricts the installation, use, or operation of a portable-scale solar generation device is unenforceable and void as a matter of public policy, though a real property owner may require reasonable restrictions.     The act clarifies that a portable-scale solar generation device is considered an energy efficiency measure on and after January 1, 2027, and a unit owners' association of a common interest community is therefore not permitted to prohibit the installation or use of a portable-scale solar generation device. However, a real property owner that resides in a common interest community and installs a portable-scale solar generation device may be required to reasonably secure the device to their unit and may be responsible for all liability and costs associated with the device's installation, maintenance, or removal.     The act specifies that a provider of retail electric service or wholesale energy is not liable for any damage caused by a portable-scale solar generation device and requires that the installation of a portable-scale solar generation device be in accordance with fire code requirements and applicable building codes that pertain to health and safety.     Under current law, a utility that is subject to regulation by the public utilities commission (commission) must allow for customer ownership and use of a meter collar adapter through the utility's interconnection standards. The act requires the commission, on or before December 31, 2026, to revise existing commission interconnection rules to explicitly require commission-regulated utilities to:Maintain a public list of at least one approved meter collar adapter;Have a process for approving a meter collar adapter that is not included in the public list;Approve proposed meter collar adapters that meet certain technical requirements;If the installation of an approved meter collar adapter requires relocation of the meter enclosure or replacement of the meter housing, provide an estimate of costs associated with this work upon request of the customer;Establish and publish a process for a customer to request and install a meter collar adapter; andFacilitate the installation of a meter collar adapter by a registered electrical contractor and require that all electrical work be performed by a qualified party such as a master electrician.     In addition, the act states that the revised commission interconnection rules must allow commission-regulated utilities to require that installation work for a meter collar adapter be performed by the commission-regulated utility, a licensed electrical contractor, or a party approved by the commission-regulated utility if the installation of an approved meter collar adapter requires removal of the meter.     The act requires cooperative electric associations and customer-generators to comply with the rules adopted by the commission regarding meter collar adapters and with other commission rules regarding production meters.     Similarly, the act requires municipally owned utilities to:Maintain a public list of at least one approved meter collar adapter;Have a process for approving a meter collar adapter that is not included in the public list;Approve proposed meter collar adapters that meet certain technical requirements;If the installation of an approved meter collar adapter requires relocation of the meter enclosure or replacement of the meter housing, provide an estimate of costs associated with this work upon request of the customer; andInclude a process for a customer to request and install a meter collar adapter. (Note: This summary applies to this bill as enacted.)

The act makes the following changes to transportation- and traffic-related statutes:Clarifies tire, chain, and alternate traction device requirements for use on a state highway by removing references to four-wheel and all-wheel drive; Prohibits an individual from stopping, standing, or parking a vehicle in the portion of a roadway designated as a bike lane, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device;Clarifies that specified officers and authorized employees may move an attended or unattended motor vehicle, vehicle, cargo, or debris that is on a highway right-of-way and that obstructs or impedes traffic or highway maintenance or operations; andUpdates statutory references relating to vehicle or traffic collisions or collisions involving other transportation devices to use the term 'crash' or 'incident' in addition to or in place of the term 'accident' and defines 'crash' to include events involving motor vehicles, vulnerable road users, or other transportation devices.(Note: This summary applies to this bill as enacted.)

When a peace officer has reasonable suspicion that a crime of domestic violence has occurred, the peace officer is required to search the national crime information center database to determine whether a military protection order has been issued against one of the parties. If a military protection order has been issued against a party, the peace officer shall notify the military law enforcement agency that entered the protection order into the database.     The act includes the existence of a military protection order as relevant evidence that the court shall consider when determining whether to issue a temporary civil protection order.(Note: This summary applies to this bill as enacted.)

The act declares emergency medical services as an essential service in the state and an integral part of the state's health-care infrastructure.      The act also declares that emergency medical service providers, whether responding on duty or as a volunteer and regardless of location, provide essential services when providing emergency ambulance services and nonemergency ambulance services.      The act also updates certain definitions related to emergency medical services, including the addition of a definition of 'out-of-hospital services', which term is defined to mean the furnishing of necessary health-care goods and services outside of a hospital setting but does not include prehospital setting transports.     The act clarifies that an off-duty emergency medical service provider is not obligated to respond to the scene of a medical emergency or provide emergency medical services.(Note: This summary applies to this bill as enacted.)

The act continues the regulation of cash-bonding and professional cash-bail agents for 8 years, until 2034.(Note: This summary applies to this bill as enacted.)

The act exempts the sale, storage, use, or consumption of tangible personal property, commodities, or services sold by a destination management company from state sales and use taxation, beginning July 1, 2027. The exemption only applies if the destination management company has already paid the state the applicable sales or use tax on the property, commodities, or services upon acquisition.(Note: This summary applies to this bill as enacted.)

Current law defines illicit massage businesses as businesses that engage in massage but also engage in human-trafficking-related offenses. The act expands the definition of 'illicit massage business' to include a massage business that engages in crimes other than human-trafficking-related offenses.     Current law states that if a local government adopts a resolution or ordinance to establish business licensure requirements or to prohibit unlawful activities relating to illicit massage businesses, the resolution or ordinance must not be more restrictive than the requirements set forth in state law. The act removes this limitation. The act clarifies that a local government may adopt a resolution or ordinance for the purposes of deterring illicit massage businesses; preventing human trafficking; protecting legitimate massage therapy businesses; and safeguarding public health, safety, and welfare. The act also allows a local government to impose local licensing requirements in addition to those requirements prescribed in state law.     Current law allows a local government to impose an administrative fee not to exceed $150 for issuing or renewing a license. The act removes the $150 cap on such fees. If a local government imposes an administrative fee, the amount of the fee must be reasonably related to the costs of the local government in administering the resolution or ordinance and the licensing of massage facilities. The fee must not exceed $500 unless necessary to cover the local government's costs of administering the resolution or ordinance and licensing the massage facilities in its jurisdiction. The fee may be adjusted yearly for inflation or deflation. Current law exempts businesses that held licenses before August 10, 2022, from the administrative fees. The act removes this exemption.     The act allows a local government to establish additional grounds to deny, revoke, or suspend a license. The act provides that, if a local government establishes business licensure requirements for massage facilities, the resolution or ordinance adopted by the local government must prohibit ownership of massage facilities by the types of persons that are prohibited from ownership in current law.     Current law states that preventing the operation of illicit massage businesses is a matter of statewide concern, and licensing and regulation of massage facilities is a matter of mixed statewide and local concern. The act states that preventing the operation of illicit massage businesses is a matter of mixed statewide and local concern.     The act requires a local government that adopts a resolution or ordinance related to the local regulation of massage facilities on or after August 13, 2026, to consider the impacts of the resolution or ordinance on legitimate massage therapy businesses and conduct outreach to massage therapists and massage therapy businesses in the local government's jurisdiction and statewide organizations of massage therapists.(Note: This summary applies to this bill as enacted.)

The act repeals the requirement for coroners, or other officials performing like functions, to report to the department of transportation (department) deaths resulting from traffic accidents on a monthly basis. The act requires coroners, or other officials performing like functions, to report all available toxicology results to the department for each deceased party who has died as a result of a motor vehicle crash. The report must be submitted by the final business day of each quarter of the calendar year.     If a participant in a crash dies within 30 days as a result of a crash, the act requires the law enforcement officer who was notified of, or investigated, the crash to submit an amended report to the department within five days after receiving a notification of the death.(Note: This summary applies to this bill as enacted.)