House Speaker Mike Schultz, R-Hooper, and Senate President Stuart Adams, R-Layton, prepare to gavel in a joint session to hear from Utah Supreme Court Justice Matthew Durrant at the Capitol in Salt Lake City on the first day of the legislative session, Tuesday, Jan. 21, 2025. (Photo by Spenser Heaps for Utah News Dispatch)
The GOP-controlled Utah Legislature kicked off its 2025 general session on Tuesday with Republican leaders in both the House and Senate vowing to pursue policies to expand energy production, overhaul higher education, and more.
Over the next 45 days, lawmakers will pass hundreds of bills. It’s likely some will try to boost the state’s nuclear industry, get more water to the Great Salt Lake, tweak how Utah elections are run, help assist President Donald Trump’s immigration and deportation policies, promote affordable housing, and pressure universities to cut or downsize certain programs.
Lawmakers also gathered on Capitol Hill with tension in the air — a tension with the judicial branch that Utah Supreme Court Chief Justice Matthew Durrant called out in his State of the Judiciary speech while urging lawmakers not to undermine the courts as an institution, even if they disagree with its rulings.
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It’s possible that some Republicans lawmakers, especially in the House, could explore altering Utah’s judicial system — and potentially try again to curtail the state’s ballot initiative process.
During his opening-day speech on the Senate floor Tuesday, Senate President Stuart Adams, R-Layton, was still fired up about a recent Utah Supreme Court ruling that held the Legislature doesn’t necessarily have the final say when it comes to voter-approved ballot initiatives — and that lawmakers’ powers to change “government reform” initiatives have limits.
Adams indicated he still wants lawmakers to act to address the issue, telling the Senate that special interest groups “driven by out-of-state money” could use the ballot initiative process to “turn Utah into California.”
“We cannot let unelected special interest groups outside of Utah run initiatives and override our republic, destroy our businesses, demean, impugn and cast aside those who are duly elected to represent their neighbors and friends in Utah,” Adams said. “We cannot let the Utah Dream die. We will not let initiatives driven by out-of-state money turn Utah into California.”
It’s too early to say exactly what lawmakers will do this year, but Adams told reporters he’d like to see another iteration of Amendment D, in some form. Because proposed constitutional amendments can only be put on even-year general election ballots, the next opportunity would be 2026 — so lawmakers could move to put it on the ballot either this session, or next.
“So we have two years to deal with it,” Adams told reporters. “I’m not sure what we’ll do this year, but if I’m around I can almost say that I’ll work really hard to put another (constitutional amendment on the ballot) for the people to decide.”
Utah Gov. Spencer Cox, in an interview with Utah News Dispatch on Tuesday, said he’d be supportive of another proposed constitutional amendment to clarify Utah lawmakers’ powers over ballot initiatives — but one that is clearly communicated to voters.
“I thought it was a mistake at the time and I thought the language was poorly drafted and was not transparent,” Cox said of the now-voided Amendment D. “I think we need to be transparent about what we’re actually trying to do and be honest with voters about why this matters and why it’s good for our state, and trust that they’ll make the right decision.”
Tension with the judicial branch
The launch of the 2025 session was marked with a rare and unmistakable tension with the judicial branch — one that Chief Justice Matthew Durrant addressed head on in his State of the Judiciary speech in the House chamber, in front of both representatives and senators who gathered there in a joint convention for his remarks.
“We are, of course, aware that the Supreme Court has issued an opinion or two in the last year that some in this body disagree with,” Durrant said. He prompted a small smile from Adams when he added, “While I don’t know anyone who enjoys being criticized, we understand that disagreement can be healthy and an important part of our system.”
Durrant urged lawmakers to remember the court’s authority is “limited to impartial judicial review,” and that if they dislike a ruling “you have the power to create or amend laws through the legislative process or to propose constitutional amendments to the people.”
“Inevitably, this type of review will create some tension between our branches. This is a natural consequence of our Constitution’s checks and balances,” Durrant said.
However, he urged lawmakers to not undermine the courts as an institution.
“There will certainly be times when you believe we’ve gotten things wrong. And you, of course, have every right to criticize our decisions,” Durrant said. “But ultimately, the people of Utah will judge the integrity of both our institutions and our commitment to the rule of law not by what we do and say when we agree, but by the respect we show each other when we disagree.”
Adams and Schultz sat side by side behind the speaker’s dais while Durrant gave his speech, at times whispering to each other as the chief justice spoke. The other four justices of the Utah Supreme Court sat in a line directly before the dais and in front of representatives and senators.
The “tension” Durrant referred to stems back to two Utah Supreme Court rulings last year that angered Republican lawmakers: one that handed a big win to plaintiffs in an anti-gerrymandering lawsuit over Utah’s redistricting process, and one that upheld a pause on Utah’s near-total abortion ban that was triggered when Roe v. Wade was overturned.
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The Utah Supreme Court’s unanimous ruling to remand the lawsuit over Utah’s redistricting process back to district court especially upset Republicans including Schultz and Adams, who at the time issued a statement alleging the court “punted and made a new law about the initiative power, creating chaos and striking at the very heart of our republic.”
That led to the Utah Legislature eventually trying to sidestep the ruling by putting what became known as Amendment D on the Nov. 5 ballot last year, which if passed would have effectively sidestepped the Utah Supreme Court’s ruling limiting lawmakers’ power over “government reform” ballot initiatives by changing the Utah Constitution to make clear lawmakers have the ultimate authority to repeal and replace any type of ballot initiative.
The courts, however, ultimately voided Amendment D from the 2024 November ballot, agreeing with its opponents that its ballot language, which is supposed to characterize to voters what they’ll be voting on, was “misleading.”
In the months since, Republican lawmakers — especially in the House — have also been exploring possible changes to Utah’s judicial system. Potential proposals include elected judges, term limits, and ideas to increase “transparency” around retention, Schultz has said.
After watching Utah courts’ decisions voiding Amendment A and D on last year’s ballot, House Democrats are “concerned that there may be some interest in clipping the wings of our judiciary,” Minority Caucus Manager, Rep. Doug Owens, D-Millcreek, told reporters Tuesday.
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“We see that as an essential component of a healthy democracy is to have a third branch of the government in the judiciary that’s co-equal and independent and does not get its wings clipped,” he said.
Durrant, in his remarks on the House floor Tuesday, addressed that “some have suggested various changes to our judiciary. Should you consider them, I urge you to carefully assess their long-term implications.”
He added Utah’s judiciary has “earned national respect for its structure and governance, and any changes should preserve these strengths.”
Durrant also told lawmakers the courts only take up issues that are brought to them — and judges and justices are simply required to interpret the law.
“We strive to ensure that our decisions are never based on personal religious or political beliefs. In fact, I have authored opinions where I disagree with the result, but the law mandated,” Durrant said.
Durrant warned that if people are told they “cannot trust judicial opinions that strike down a statute, why would they trust a decision upholding a statute’s constitutionality?”
“Promoting respect for the judiciary as an institution, even when we disagree, ultimately protects our entire constitutional system,” Durrant said.
Durrant’s speech was met with mild but respectful applause from lawmakers in the House chamber. Adams clapped briefly while Schultz did not, sipping from a water bottle. As Durrant exited the chamber, Schultz patted him on the back while Adams shook his hand before both legislative leaders went on to shake hands with the other four justices as they exited the chamber.
Energy
In his opening remarks, Adams said bolstering the state’s energy production is critical amid a global arms race “to control” artificial intelligence, which uses considerable power. According to a recent study, a single Chat GPT search uses 2.9 watt-hours of energy — over the course of one year it uses enough power to charge 3 million electric vehicles.
“The country that controls AI will, in turn, control the world. Both economically, with the delivery of high-tech goods and services, and militarily with high-tech weapons systems, both offensively and defensively,” he said.
To that end, Adams said lawmakers should position Utah as “the next frontier of energy innovation” by incentivizing nuclear energy and building micro nuclear reactors, an emerging technology where nuclear reactors, small enough to fit on the back of a truck, can be transported and linked together depending on a region’s energy needs.
Lawmakers will try to streamline the permitting process for nuclear projects, although that will require help from the federal government, which has regulatory authority.”We hope the federal government will get on board and also shorten their time frame around some of the permitting processes,” said Sen. Scott Sandall, R-Tremonton.
But Democrats remain skeptical of the state’s resource portfolio plans.
Sen. Nate Blouin, D-Salt Lake City, a fierce advocate for clean energy, believes the conversation around nuclear developments comes down to their cost for Utahns, since many past nuclear projects have been canceled because they weren’t economically feasible.
“Hopefully we can get that to a place where it works for all Utahns,” Blouin said, “and not just these data centers, these AI projects that we’re hearing a lot about.”
Small modular reactors need to be proven out commercially and technologically at an affordable price, he said. And that may now take decades to happen. If projects’ time frames can be shortened to three to five years, his caucus “could potentially get on board with that,” he said.
“The state’s talking about putting $20 million or so into initiatives around nuclear energy,” Blouin said. “For anyone that knows how expensive nuclear is, that’s just a tiny little drop in the bucket. I think it’s a little bit audacious for us to really think we’re going to have much of an impact there.”
Adams also touted what’s often called an “all of the above” approach to energy production. He pointed to recent geothermal projects, keeping the state’s coal plants alive, natural gas production and the expansion of solar energy and lithium battery storage.
“We must continue to have the lowest energy prices in the nation. Together, we can ensure that Utah remains a beacon of energy innovation and a model for sustainable growth,” he said.
Democrats also wonder if the prioritization of fossil fuel resources could work in tandem with the state’s goal to keep electricity prices low.
Rocky Mountain Power rate increases were mostly driven by the price of gas and coal, said House Minority Leader Angela Romero, D-Salt Lake City. However, some clean energy resource proposals often get dismissed.
“Utah is very unique in the fact that we have access to solar, geothermal and storage, and a lot of times, when you hear conversations in public utilities, we have people say that we’re not there yet,” Romero said on the first day of the session. “But we are.”
Her caucus’ plea to their Republican counterparts, she said, is to focus not just on clean energy, but on renewable energy.
Utah also has 80% of the world’s most used critical minerals, which are used in energy production and storage, electric vehicles, military technology, smartphones and more. It’s likely lawmakers will try to make it easier for companies to mine these minerals.
“Utah holds a key to strengthening our nation’s national security and economic stability,” he said. “We must also lead the way with critical mineral extraction and manufacturing.”
House Speaker Mike Schultz, R-Hooper, also talked about critical minerals during his speech, saying “Utah can help the U.S. reduce dependence on other nations and secure a brighter, more self-reliant future.”
Water
On water, Adams touched on several controversial and ambitious solutions to the state’s water woes. Utah is one of the driest states in the country, and water availability and the health of the Great Salt Lake continue to be a concern for state officials.
Last year, Adams passed a bill to create a Water Development Council comprised of the four largest water districts in the state and the Utah Division of Water Resources. It would also create a state water agent that would act as a liaison to coordinate with the council to make sure the state’s water needs are met.
Joel Ferry, director of the Utah Department of Natural Resources, was named as the state’s water agent. And on Tuesday, Adams said he’s been hard at work exploring some interesting options.
They include trading desalinated ocean water with the San Diego County Water Authority for some of California’s Colorado River water; a possible water pipeline from Alaska to the Mountain West; and collaborating with lawmakers from Wyoming, Idaho, South Dakota, North Dakota and Montana.
“This is an exciting time to work with our neighbors to solve some of the most critical issues facing Utah and our nation,” Adams said.
Public lands
In his opening-day speech on the House floor, the House speaker issued a rallying cry for Utah to wrest control of public lands away from the federal government — something Utah’s GOP are more optimistic about than ever given President Donald Trump’s inauguration this week.
Schultz painted a picture of neglected public lands, pointing to Antelope Flats in Utah’s smallest county, Daggett County, saying “those very same shores and campgrounds where I spent countless summer weekends are now in decline.”
“Back then, Antelope Flats thrived. The campgrounds brimmed with life, tents, and RVs dotting
the landscape from Memorial Day to Labor Day,” Schultz said. “But today? The campground operates at only 30% capacity. Not because people have stopped coming but because the federal government, which owns and is supposed to manage the land, has let it fall into disrepair. Trails are overgrown, facilities are outdated, and much-needed maintenance is left undone.”
Schultz said this “neglect” hurts not just public lands, but also Utahns who “can’t find a place to stay.”
“It is time to change that. We want to take over the management of Antelope Flats, restore it to what it once was, and reinvest in its future. And we don’t need the federal government working against us,” Schultz said.
Though the U.S. Supreme Court recently rejected Utah’s sweeping public lands lawsuit arguing the state should take over 18.5 million acres of federally controlled land, Schultz said the state should plow ahead with its effort, saying “we’d like to petition the federal government to allow Utah to stand as a national experiment, allowing us to keep a portion of our federal tax dollars, run the programs, and discontinue federal oversight.”
“To our federal delegation, I have three words: Sign. Us. Up,” Schultz said. “We do it better than anyone. Whether it’s education, transportation, Medicaid, public lands – we manage more effectively, more efficiently, and more affordably.”
With Trump back in the White House, Senate Minority Leader Luz Escamilla, D-Salt Lake City, told reporters she expects the tables to turn when it comes to federal government overreach. Now, she said Democrats will be keeping an eye on Republican executive orders, especially as they relate to public lands issues or shrinking previously protected national monuments.
“The hope is that the states can be the level-headed process right now,” Escamilla said, “as we have a lot of uncertainty at the federal level, that we can be the ones that protect our state collectively.”
Higher education
The House speaker also issued a call for action for one of his top priorities for the 2025 session: to overhaul the higher education system by “trimming administrative costs, consolidating underperforming programs, and reinvesting” to “expand high-demand, high-impact programs.”
Schultz said for too many, four-year degrees stretch “into five years or more, and the cost of that extended education can weigh heavily on students and their families,” he said.
At the same time, “our workforce needs more engineers, nurses, teachers, mental health professionals, and more,” Schultz said.
“We have a once-in-a-lifetime opportunity to reimagine higher education,” he said. “This is our chance to lead, to innovate, and to build a future where Utah remains a place of opportunity for generations to come.”
Citing data from the University of Utah’s Kem C. Gardner Policy Institute showing Utah’s college-aged population is projected to begin declining in 2032, Schultz said if Utah fails “to adapt, we will fall behind.”
“If we wait, college will continue to become more and more unaffordable,” Schultz said. “But if we act now, we can bend the cost curve and position our higher education system to not just weather these changes but thrive in a new, leaner, and more competitive environment.”
Democrats say they’ll remain watchful as budget discussions play out over higher education.
As someone who works in higher education and represents areas that encompass the University of Utah campus, Minority Whip Jennifer Dailey-Provost, D-Salt Lake City, said she often hears from constituents who work at the U. that are worried about higher education cuts.
While she believes there’s value in supporting programs that could lead to high-paying jobs, there’s also a need to focus on what’s best for students in the state, and that includes their critical thinking skills, Dailey-Provost said.
“The world is a complex place, and it can’t always just be about the jobs that they’re seeking,” she said. “But how to be good members of our community.”
Romero agrees that there’s a need to look at the driving forces of the job markets while making funding decisions, she said. However, she doesn’t want to take away academic freedom from students to choose certain career paths, including majors like gender studies and history.
“This is me, Angela Romero, not speaking on behalf of my caucus, but as myself,” she said. “Really what the agenda is when we’re talking about this 10% cut in higher ed, because we’ve seen this trend in Florida. We’ve seen this trend in Texas. And I have concerns. Is this really about the economy and where the jobs are? Or is this about an ideology difference in trying to take away that academic freedom from young people who may choose what they want to study, and take as long as they want?”
Contributing: Alixel Cabrera
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