Committee backs HB 591 to recodify public nuisance law, sparking debate on access to private suits

The House Public Utilities and Energy Committee voted to send HB 591 to the full House with a favorable recommendation after testimony from lawmakers, the attorney general and stakeholders.

Representative Jack, the bill sponsor, said the measure gathers public-nuisance provisions from across the code, separates public and private nuisance causes of action, and aims to ensure that lawmaking happens in the legislature rather than through a patchwork of court decisions.

Utah Attorney General Derek Brown told the committee public-nuisance law has long been unpredictable and scattered; the bill, he said, would create “predictability” and clearer, proportionate remedies for governments and businesses.

Business groups supported the change on grounds it reduces liability uncertainty. Roger Givoni of the U.S. Chamber’s Institute for Legal Reform told the committee the reform would help businesses and prevent policymaking by litigation.

Consumer advocates raised concerns. Jenny Hoppe of the Utah Association for Justice testified the bill contains a subsection (identified in committee as 78B-6A-101 subsection 10(c)) that would bar private nuisance claims when the actor has any permit, license or governmental authorization. She urged the committee to remove or amend that carve-out, arguing permits should be a regulatory floor and not an absolute shield to private remedies.

Other public commenters, including county officials, supported the bill as helpful for zoning and county enforcement. Committee members discussed whether the measure would reduce lawsuits overall by adding clarity; sponsors argued the change should reduce litigation by adding guardrails.

After discussion and public comment the committee moved and voted to recommend HB 591 favorably.