2018 State of the State

This morning, Gov. Gary R. Herbert testified on H.R. 4532, a bill introduced by Utah’s newest congressional representative, Rep. John Curtis. Named the Shásh Jaa’  National Monument and Indian Creek National Monument Act, this bill aims to establish lasting legislative protections in the Bears Ears region.

Although public lands in Utah have been a contentious topic, there are well-meaning people on both sides of the debate with strong feelings. The areas in question in San Juan County in Southeastern Utah are beautiful and majestic. They deserve protection. In his testimony, Gov. Herbert expressed his belief that all Utahns want to protect the antiquities in this area; the question is how best to provide this protection.

Here are a few ways Rep. Curtis’s bill could help protect the antiquities in the Bears Ears area while also involving those people most impacted by land management decisions in the actual stewardship of these lands. This, of course, would include Native American tribes.

1. Thomas Jefferson said that “the government closest to the people serves the people best.” That certainly applies to managing public lands. This legislation aims to accomplish this through an innovative use of management councils. These councils exemplify the concept of cooperative federalism, with seats mandated for federal, county, and tribal representatives who will work together to develop management plans for the monuments.

2. In our experience, the looting and vandalism in the Bears Ears area is not from lack of legal protections, but from lack of law enforcement. Unlike the original monument designation that protected in name only, this bill provides for increased law enforcement. Rep. Curtis’s bill creates an Archaeological Resources Protection Unit for each monument and, additionally, mandates that at least 10 law enforcement personnel be assigned to each monument.

3. Additionally, this bill precludes any type of mining or development of oil or gas within the boundaries of the 1.35 million acres of the original Bears Ears monument. This should put to rest any suspicion that the monument was reduced in order to advance energy development.

4. Finally, the bill gives Utah the ability to exchange state land within the monument boundaries for lands elsewhere of equal value. That’s an important opportunity to consolidate our lands and generate funds for Utah’s school children.

We all want these lands to remain public, and we all want to protect their history, archaeology, and unique nature. We certainly all want our children and grandchildren to be able to enjoy them as we do. When we ascribe good motives to each other, we’ll be more likely to have a productive conversation and more likely to reach an optimal solution for the use of our public lands that everyone can live with.

Gov. Gary R. Herbert revealed his budget proposal for Fiscal Year 2019 today at Davis Technical College. While the budget may not sound like the most exciting component of government work, drafting a budget proposal for our legislature is one of the governor’s most important constitutional duties, and an important aspect of shaping Utah’s future.

A brilliant team at the Governor’s Office of Management and Budget has worked on the budget proposal presented today for the last year. We know our state is growing. In fact, Utah is the fastest-growing state in the nation. To that end, this budget proposal is built around growth strategy. It is designed with Utah’s children and their future in mind. That is why the largest investment in this proposal is in education.

This budget proposes to directly invest 72 percent of all new ongoing revenue in public and post-secondary education. This translates to an annual investment of $207.5 million in ongoing funding for public education and $68.6 million in ongoing funding for post-secondary education.

Moreover, this budget proposal calls for a 4 percent increase in the Weighted Pupil Unit for the second year in a row. This equates to just over $121 million that can be invested in raising teacher salaries, reducing class sizes, bringing more technology into the classroom and more. Local school leaders will determine the most ideal use of this funding for their specific needs.  

Education is very important for the prosperity of our state – this budget reflects that.

Environmental conditions are also important to Utah’s quality of life. As the fastest growing state in the nation, we need to mitigate the challenges associated with rapid growth. We need to care for our air, water, and surrounding environment.

Thankfully, Utah is on the correct path. Between 2002 and 2014, Utah’s population increased by 26 percent, more than 600,000 people. During that same time period, total statewide emissions declined by 30 percent, a 46 percent reduction in per capita emissions. Encouragement and incentives are also leading Utah refineries to produce cleaner Tier 3 fuels, which will significantly reduce emissions in our state.

Of course, this budget will address numerous other needs in Utah. Medicaid, CHIP, Operation Rio Grande, transportation needs, and so much more are covered in the full proposal.

The result of this proposal is a $16.7 billion balanced budget that contains no tax increases and incurs no new debt.  

You can read the proposal here: https://gomb.utah.gov/budget-policy/state-budget/

Seema Verma, Administrator of the Center of Medicare and Medicaid Services, visited Salt Lake City Monday to discuss Utah’s recently approved Medicaid waiver and announce the formal approval of the state’s implementation plan for those funds. Money from this waiver can now be used to reimburse service providers.

While the Affordable Care Act extended coverage to millions of Americans, Administrator Verma affirmed that coverage was not effective, because it opened up a program that was never designed to provide full coverage.

Governor Herbert joins state and health care leaders, as well as members of Odyssey House in applauding Administrator Verma’s announcement of the federal approval of Utah’s implementation plans for waiver funding. 

In her remarks, she claimed that the goal of CMS should not just be handing out a card, but handing out a card that means something.

Governor Herbert and the administrator toured a new expansion of Odyssey House. The waiver will enable the organization, which helps those struggling with alcohol and drug addiction, add more than 100 treatment beds. In anticipation of the waiver’s approval, Odyssey House began construction projects on a newly purchased building behind its current location at 344 East 100 South.

Adam Cohen, CEO of Odyssey House, gives Administrator Verma and Governor Herbert a tour of the new expansion behind 344 East and 100 South. 

Governor Herbert stressed that this waiver approval is the beginning — not the end — of Utah’s efforts to improve the way Medicaid operates within the state. Utah will seek new waivers and continue conversations with CMS about creating innovations in Medicaid that provide better coverage to more individuals.

The governor believes no state should be advantaged or disadvantaged when it comes to funding for Medicare and Medicaid.  

The Governor hosted the Administrator, members of CMS and state and health care leaders for a luncheon addressing health care solutions.  

Governor Herbert spent the day discussing potential solutions in improving Medicaid coverage in Utah, and appreciated the administrator’s “states first” approach to solving our nation’s problems with health care. At a press conference, Administrator Verma reiterated her support for state solutions, saying that if each state will problem solve and propose a system that would fit their needs, CMS can and will be involved in granting necessary waivers and helping states achieve success.

This morning, Gov. Gary R. Herbert announced the approval of Utah’s request to the federal government to expand Medicaid services in Utah.

On November 1, 2017, the U.S. Department of Health and Human Services — through its Centers for Medicare and Medicaid Services — formally approved Utah’s request to expand Medicaid services to between 4,000 and 6,000 of Utah’s most vulnerable adults — the indigent childless poor and those involved in the justice system.

This approval also authorizes Utah to provide residential substance abuse treatment services to Medicaid recipients. This Medicaid expansion will be an important tool for addressing the opioid epidemic that has ravaged far too many families in Utah’s community.

This program will begin enrolling newly eligible members immediately.

The expansion will also be a critical element of Operation Rio Grande, as many of the newly eligible recipients will be members of the homeless population. Phase two of the operation focuses on bringing additional treatment beds into the system to support individuals in recovery. This waiver approval will encourage treatment centers to begin offering services for Medicaid members. In anticipation of this waiver approval, multiple centers are participating in a state goal to add roughly 180 beds within the year.

Governor Herbert received confirmation of a final decision regarding Utah’s request on Tuesday afternoon on a phone call with the White House. On that call, the White House specifically invited Utah to think of additional innovations. The Governor looks forward to conversations with Utah’s health policy makers on what that invitation could mean for our state’s growing population.  

Today’s announcement from Washington allows Utah to address a specific challenge: extending health care coverage — including substance abuse and mental health services — to those experiencing homelessness.

Gov. Gary R. Herbert has appointed Judge Paige Petersen to serve as a justice on the Utah Supreme Court. If confirmed Judge Petersen will fill the vacancy created by Justice Christine Durham, who will retire on Nov. 15, 2017.

“The judicial appointments I make are among the most significant and enduring things I will do as governor,” said Gov. Herbert. “This is particularly true with appointments to Utah’s Supreme Court. I am very pleased to appoint Judge Petersen to the Utah Supreme Court. Judge Petersen has served with distinction and earned a reputation as a thoughtful, deliberative, prepared jurist who has demonstrated a dedication to the rule of law above all. Her intellect and her calm, confidence-instilling demeanor will serve this state well.”

Petersen was raised in Emery County, Utah. She is a graduate of Carbon High School, the College of Eastern Utah, the University of Utah and Yale Law School.

Petersen has served as a judge of the Utah Third Judicial District Court since 2015. In her current capacity, she handles a full civil caseload in Salt Lake County. From May 2015 to May 2017, Petersen oversaw a combined civil and criminal caseload, which included a civil calendar in Salt Lake County, the entire criminal docket in Summit County and the Summit County Drug Court. Petersen chairs the Pretrial Release and Monitoring Committee, and serves on the Ethics Advisory Opinion Committee of the Utah State Bar.

“It has been my honor to serve the people of Utah as a district court judge,” Petersen said. “I am deeply grateful to Gov. Herbert for the confidence he has placed in me. If confirmed, I will work hard, and interpret the laws of Utah with fidelity.”

From 2012 to 2015, Petersen was an assistant U.S. attorney for the Violent Crimes Section of the U.S. Attorney’s Office for the District of Utah, where she prosecuted violent crimes including bank robberies, child pornography, gun crimes and sexual abuse, domestic violence and aggravated assault cases. In this capacity, she briefed and argued a case before the Tenth Circuit Court of Appeals.

Petersen was a legal officer in the Office of the Prosecutor at the International Criminal Tribunal for the Former Yugoslavia at the Hague in the Netherlands from 2009 to 2011. While serving in the Netherlands, Petersen served as a trial attorney on Prosecutor v. Vlastimir Dordevic, the successful prosecution of the former Serbian chief of police for committing crimes against humanity in Kosovo. Petersen also conducted direct and cross-examination of witnesses as trial, including the cross-examination of several former Yugoslav Army generals.

From 2003 to 2008, Petersen was an assistant U.S. attorney in the Organized Crime Section, Narcotics Section and General Crimes Section for the United States Attorney’s Office for the Eastern District of New York. Petersen handled all phases of litigation, including discovery, written and oral motion practice, all court appearances, evidentiary hearings, trial, sentencing hearings and appeals. She briefed and argued numerous cases before the Second Circuit Court of Appeals. As an assistant U.S. attorney, Petersen worked in concert with federal agents on criminal investigations and served as a lead and co-counsel in numerous complex criminal litigations such as U.S. v. Pizzonia, et al., U.S. v. Peter Gotti, U.S. v. Khan, U.S. v. Adams, et al., U.S. v. Bouloute, and U.S. v. Uvino, et al.

Prior to her service for the United States Attorney’s Office for the Eastern District of New York, Petersen was a litigation associate with Simpson Thacher & Bartlett in New York, New York from 2001-2003. From 1999 to 2001, she served as a law clerk to the Honorable Susan Dlott in the U.S. District Court for the Southern District of Ohio.

Judge Peterson graduated summa cum laude from the University of Utah in political science and english. She received her Juris Doctorate from Yale Law School.

The governor’s appointment is subject to confirmation by the Utah Senate.

Governor Herbert has returned from a week-long trade mission in Israel and Jordan, where he spent the week strengthening business and diplomatic ties.  

The Governor traveled with his Office of Economic Development and business leaders from across Utah during the mission, and met with leaders of both countries, including King Abdullah the II and Prime Minister Hani Al-Mulki of Jordan and Prime Minister Benjamin Netanyahu of Israel. He also met with Nir Barkat, mayor of Jerusalem.

While in Israel, the Governor strengthened and renewed relationships established on his last mission to the country, four and a half years ago. Israel, like Utah, is excelling economically and has much to offer in the world of technology.

This was the Governor’s first trade mission to Jordan, a country that shares many of the same geographical challenges Utah faces — the arid desert climate makes water short in Jordan, posing unique challenges to leaders that Utah is familiar with. The delegation found common ground in addressing energy and water concerns, and looks forward to future opportunities to strengthen economic and diplomatic ties between their nation and our state.

Governor Herbert returned home on Saturday, October 28.

He recounted details of the trade mission in a discussion with Doug Wright of KSL Newsradio on Monday, October 30. You can listen to his account here. 

Utahns all across the state have much to be proud of.

We have our world-class snow and ski resorts, our thousands of miles of hiking and biking trails, our rivers, lakes and streams teeming with trout and other game fish — as well as abundant wildlife in our mountains forests and deserts, and the unrivaled beauty of our Mighty Five national parks, state monuments and red rock canyons — and so much more.

I believe Utah packs more scenic and outdoor recreation punch than any state in America.

And a good many people share that opinion.

We know that much of Utah’s scenic beauty is found on our public lands — and that’s not going to change.

Utah is a public lands state — a state where most of the land is managed by the public for the public. And Utah will always be a public lands state.

It distresses me that national groups with their own agendas have taken the words of a handful of Utah politicians and projected them onto all of Utah’s leadership to try to make the case that Utahns disrespect our public lands heritage.

Nothing could be further from the truth. Do we have principled differences about how our public lands might be best managed? Yes. But are those differences the same as a renunciation of majesty and beauty of Utah’s extraordinary landscapes? Not in the least.

As Utahns we love our public lands and Utah does more than any other state to see that our public lands are both accessible and protected, that wildlife and habitat are abundant and healthy.

We also greatly value our outdoor recreation opportunities and our burgeoning outdoor recreation industry, which are key economic drivers and help maintain Utah’s enviable quality of life.

In fact, Utah’s outdoor industry is valued at more than $12 billion, accounts for more than 122,000 jobs and generates more than $856 million per year in state and local tax revenue.

Outdoor recreation is indispensable in increasing economic opportunity in more rural areas of the state. We have set a statewide goal of creating 25,000 jobs in the 25 counties off the Wasatch Front by 2020 — and a growing outdoor recreation economy will play a key part in reaching that goal.

The importance we place in outdoor recreation is underscored by a number of recent developments.

One of them is the Office of Outdoor Recreation’s launch last May of the Utah Search and Rescue Assistance Card.

Moreover, Utah Lawmakers passed a number of bills during the 2017 session to help outdoor recreation, including a $1 billion transportation bond, $100 million of which will go to recreation- and tourism-related transportation projects. 

Legislators also funded the Utah Outdoor Recreation Grant, which the Office of Outdoor Recreation is administering to help communities build more recreation infrastructure.

Going forward, Utah remains committed to outdoor recreation.

We have a statewide goal to build 1,000 miles of new trail. Our “Road to Mighty” Campaign not only highlights our five national parks but also draws attention to other amazing destinations along the way. There’s even a new mobile trails app.

I remain committed to working with all of you to make outdoor recreation in Utah even better.

On Wednesday, October 4, 2017, Governor Herbert sent the following letter to a wide variety of religious organizations, asking Utahns to appeal to the better angels in their nature and reach out to help our fellow U.S. citizens in Puerto Rico and the Virgin Islands. You can find his personal appeal to Utah citizens on his Facebook page and YouTube channel.