August 31, 2018

"The good news, I just came out here a week ago, from the Center for Disease Control, shows that we have 11.9% reduction, nearly 12% reduction in opioid deaths and addiction in the state of Utah." Governor Herbert

ANNOUNCER: KUED presents the governor's monthly news conference, an exchange between Utah reporters and governor Gary Herbert.

GOVERNOR HERBERT: Good morning.

REPORTERS: Morning governor.

GOVERNOR HERBERT: As we come towards the end of the summer, it's nice to have you here for our monthly press conference, so thank you for your attendance. I usually start by talking about some good news of Utah. And today, it's kind of partial. I'd like to talk about the social epidemic of opioid addiction and deaths, which has been just a tremendous concern across the country, not just here in Utah. It's been a topic of conversation in our National Governors Association meetings. And we've let out for about three years and talking about this issue nationally.

The good news for us here in Utah is because of proactive efforts we've made, corrective efforts, and a combination of different departments working together, as well as public increasing awareness. The good news, I just came out here a week ago, from the Center for Disease Control, shows that we have 11.9% reduction, nearly 12% reduction in opioid deaths and addiction in the state of Utah. And this is pretty significant, particularly in light of the fact, as we look at the national numbers, opioid addiction and deaths are up by about 20%. And so, again, we certainly are not going to declare victory here, but I do like the fact that we've changed the dynamic that we've bend the curve and that we're doing things better.

So we need to continue to increase our efforts there. We're certainly not going to rest on our laurels here. This is something that we need to all be concerned about, working with our Department of Health, our Department of Commerce, our Public Safety people, education, UEA, all those that have an impact on awareness and making sure that particularly our young people and others are aware of the potential addictive powers of opioids. We've worked very hard to make sure that our doctors, those who prescribe, are aware of the situation. We are involved in negotiations and settlements with the major drug providers. Potential litigation, we're involved with here to have a settlement and hold those responsible, really hiding information from us about the addictive powers of opioids.

So again, I'm grateful for all the departments that have been working together and for the efforts made. And it's good to see the results of our labor in a very positive way. We'll continue to work hard on this to make sure that we in fact get a handle and continue to have reduction of opioid addiction. With that, I'm happy to answer any questions you may have today.

ERIK NEILSEN, KUED: Well, governor, President Trump is renegotiating a trade deal with Mexico, hoping to replace NAFTA. And I'm wondering if you've gotten any insight as to how that plan is going to be, how that's going to affect Utah companies, Utah jobs.

GOVERNOR HERBERT: Well, I think it's a good thing. As you may know, I spent a week in Mexico earlier this year, and I think the month of May. I met with President Pena Nieto. We actually talked about the need to have an updating of NAFTA. We talked about the president's position, the international trade. 

Ours is a little different, we're a little bit more proactive and aggressive in the state of Utah. We do international trade very well, and why not? We speak 130 languages here in the state of Utah. So we really have entree to the world. We've increased our international trade, probably faster and more abundantly than any state in America over this last decade. But we talked about, it's 24 years old, we didn't have the Internet and its luster that we have today. We didn't talk about energy, for example. And we needed to have some ability, and I talked in terms of probably a binary agreement, meaning America and Mexico, and then America and Canada, which is kind of reflective of what President Trump has done and is trying to do.

So I feel good about the conversation I had with the president of Mexico. I feel good about this negotiation that seems to be taking place and hopefully results in actual action. And I feel good about what we need to do the same thing with Canada. For Utah, we've had a significant benefit because of NAFTA. Our international trade with Mexico's increased, probably over 700%. We've created a lot of jobs. Doesn't mean that some disruption has not occurred, and there may be some losers, but we've had by far significant winners because of increasing trade through NAFTA with Mexico.

BEN WINSLOW, FOX-13: Governor this morning, the division of radiation Control Board is taking up the issue of depleted uranium. Energy Solutions has filed a permit to take some levels of depleted uranium in the past. You've expressed concerns about this. What are your thoughts now that Energy Solutions is trying again for some munitions and depleted uranium?

GOVERNOR HERBERT: Well, I don't know all of the details as far as their proposal and what's motivating them to, in fact, come before the board. What I do expect to have happen though, is that the board will in fact live with the law that we have on the books. We have a law that restricts US Energy Solutions, to take anything more radioactive than class A waste. And so depleted uranium is really kind of in a unique category. Is it class A waste? It is when it starts, but 30000 years from now the concern is that will pierce the ceiling level of radioactivity. So I expect the board to follow the law. And that will give us guidance as far as what we can or cannot do.

BEN WINSLOW, FOX-13: Do you have concerns about more depleted uranium coming in?

GOVERNOR HERBERT: I have concerns about any time we would not follow the law we have in the books. If we don't like the law, let's change the law, but until that happens, we need to live by the limits of the law.

GLEN MILLS, ABC4: Governor, there's been a lot of public outcry for the Inland Port Board to act in a more transparent way, to open up their meetings. Last night they voted not to do that. Your thoughts on that, and why should the public trust what's going on if they're not going to be more transparent?

GOVERNOR HERBERT: Well, we just got through talking about follow the law. And I think that's the guidance that we all want to have adhere to, is making sure whatever the law is, we follow it, we have an open meetings law. And I expect Inland Port will follow that to the highest degree, which I believe they are doing, by the way.

If you're going to err though, I would suggest we err on the side of more openness and more transparency. And so I think they ought to reconsider maybe having some of those subcommittee meetings open. There may be reasons to have them closed, they would have to probably articulate that and defend what they're doing. But the good news for the public is because of the law, those subcommittee hearings will be brought to the full board, where the public will have an opportunity to hear, understand and contribute and give criticism as far as what needs to happen.

So it will eventually be open to the public at the full board meeting. That's why we have laws to give us guidance, and have these kind of committees, probably the legislature or city council meetings and County Commission meetings and including the Inland Port, to follow those laws.

LISA RILEY ROCHE, DESERET NEWS: But governor the Utah Transit Authority went through a similar issue, a couple of years ago, with their subcommittees. They decided to close those for the same reasons. There wasn't a full quorum, so it wasn't covered by the open meetings law. The issue had to be actually dealt with officially, by the full board. And many, many, many people spoke out against that. And and UTA changed their mind. How much pressure are you willing to put on the Inland Port to change their mind about this, and as you say, go that extra mile to be open?

GOVERNOR HERBERT: Well, they are an independent board. And so I can certainly use my bully pulpit and my strong recommendation and logic. As I've said, if they're going to err, they ought to err on the side of more openness and more transparency. Particularly in light of the fact there has been criticism, this has not been as open a process as the public would like, in particular those most affected by the Inland Port. 

So I think, there's good strong message to say open it up. That being said, we have laws. And they're saying, at least to themselves, and to the public, we're going to follow the law to the nth degree. And if we don't like the laws, I've said earlier, let's change the law. If this is not adequate, let's change the law. Again, I think that the public will have all opportunity to understand and to know, and I will encourage them to be as open as possible at the Inland Port.

BOB BERNICK, UTAHPOLICY.COM: Last week the LDS Church came out against the proposition to the medical marijuana initiative. Now you've opposed proposition 2, but I noticed that when they released their letter, their precedent, that you didn't sign the letter. Can you tell us why? 

GOVERNOR HERBERT: Well, I think I need to be an independent voice. I believe that the idea of a coalition and people gathering together and strengthen their voice by uniting with other voices, is probably a good policy and a good way to inform the public and have people at least question whether they should support this proposition or not. I am going to vote in opposition to the initiative. I think that we've been given a little bit of not an accurate narrative that if you in fact are opposed to the initiative, you're opposed to the access of marijuana as a medicine. I think that's actually not true. I think that we want to provide opportunities for people to have access to marijuana for medicine. I think it does, at least the evidence seems to show anecdotally, that there's relief from pain and suffering.

So that ought to happen. I understand the frustration for those who are out there that believe this is going to help them with their medical conditions. That we've been a little slow on the uptake, here in the state of Utah to allow that to happen. We've done some steps in that direction, but maybe not enough. 

That being said, we need to make sure that there's not any unintended consequences of this initiative that would in fact violate or hinder public safety, public health, public finance. There's issues out there that are a concern. And those are legitimate concerns just as it's legitimate to say, "I want to have access for medical needs, marijuana." It's legitimate to say, "This initiative has some problems with it." Even the proponents have talked about, this initiative is not perfect, it needs to be modified and improved. 

So I'm going to vote no, on the initiative, and I appreciate the coalition and what they're trying to do to inform the public that there are some potential problems here. And if it doesn't pass, then we need to get with the legislature and come back into session and create a better law.

BOB BERNICK, UTAHPOLICY.COM: So are you saying that you want a special session? 

GOVERNOR HERBERT:  Well, whether we have a special session, or a general session, but it needs to be done legislatively, where if the initiative does not pass, then we need to come back into session and create a law that's better, that doesn't have the loopholes and the problems, and potential conflicts out there that doesn't protect the public safety, that has more controlled access, etc. But still provide an avenue for people to get marijuana in whatever form or fashion, in a controlled way to help with medical problems. 

REPORTER: So you're--

GOVERNOR HERBERT:  If it does not, If it does pass, we still have the same challenge. And that's working with the legislature and all the stakeholders to eliminate the problems that are in the initiative and come to a good resolution, where we have access to medical marijuana. But we in fact, are making sure we're protecting the public safety and health and the public finance aspects of it, with a modified and improved version of the initiative. So either way, we're going to get to the right spot I believe, with the help of the legislature and bring your stakeholders together. That's going to be my job.

BEN WINSLOW, FOX-13: So you're saying you want to see the legislature pass a medical marijuana bill, an all-encompassing bill that would be similar to what Senator Madsen tried and failed for years? 

GOVERNOR HERBERT:  Well, I don't know about the Senator Madsen bill. The concept of making medical marijuana available to those who can use it for medicinal purposes is the concept we're talking about. Most everybody I know of supports that. It's the unintended consequences, the fact that we, I think it's a sad commentary on our country, we've had this debate for many, many years, and what we've got out of Washington, DC, is let's turn a blind eye to the to the law, rather than change the law.

We've talked about this. If you don't like the law, let's change the law so it accommodates the demands of the public. And certainly if marijuana can be used as a medicine, why have we not had clinical studies? Why have we got it on the Schedule One list? Why has it not been taken off, so we can do the appropriate research? And rather just have anecdotal survey, have scientific data to back up the claims of medical marijuana, helping relieve pain and suffering. We have extremes on all sides of this issue, by the way.

I think the common sense position is, there's probably some evidence here that we ought to provide opportunity to access marijuana as a medicine. It ought to be controlled in how it's dispensed so it doesn't become recreational marijuana. I don't hear anybody advocating for that, at least ostensibly. And then we ought to have the ability, for example, I think that the dispensary system, probably the dispensing ought to be done through our local health departments. We have one in every county. We can make sure that it is available in some kind of a controlled atmosphere where it's being used for medicine.

But I'd like to see the federal government get out of the way. We going to call upon our congressional delegation, "Take it off the Schedule One list." Let's do the studies, let's do the clinical trials, let's develop the medicine and know what the amount of dosage is, what form it should be just dispensed in, And what we can do so we don't self-medicate so we can actually get the benefits of the medicinal use of marijuana.

BOB BERNICK, UTAHPOLICY.COM: But what you're saying could take years sir. Excuse me for interrupting. Well, could take years. And the initiative wants to do it right away, obviously.

GOVERNOR HERBERT:  I'm talking old Bob about the frustration everybody feels. Yeah, you're right. And it's going to take years. And it would've been nice if we started years ago so we are to the finish line today. But we've had eight years with the Obama administration. They just turned to blind eye saying we won't enforce the law. I've been sworn to uphold the state constitution, the federal constitution, and now we have people say, "Well, just ignore that." That's not the way it's supposed to work.

So I'm just saying, let's start doing what we ought to have been doing eight or ten years ago, start today. In the meantime, the state of Utah can either create a new bill if this initiative doesn't pass. If it does pass we can fix the initiative so that we have something that's workable, that's the proverbial win-win, we'll bring people together and we'll land this at the right place where we have access in some controlled way.

Again, I've suggested, a consideration ought through our local health departments where people that have a need and have a benefit to accessing marijuana. But we in fact fixed the the loopholes and the concerns that people have in the initiative. We can fix it, we can make it better, and we can have the proverbial win-win.

GLEN MILLS, ABC4: So with that being said, would that be the best route then? Pass the initiative and then improve and fix it, as you suggest? Because then it could happen in a more timely manner.

GOVERNOR HERBERT:  I would prefer to have... Let's start over. Initiative petition processes do not create the best law. It is, in fact, the ability for the public to say, "You know what, you're not listening to us. "You're not hearing what we're saying." And they have the ability to create law through initiative petition by vote of the people. But whatever is in the initiative petition, good, bad, or ugly becomes the law. There is no amendment process. There's no public hearings, there's no ability to modify and improve. That's what you do with the legislature. You have public hearings. You have committee hearings. You present the proposal. You have a baseline. You modify, you amend it, you make it better, that's a better product. That's why we create laws that way.

So I'm suggesting either way, I'm going to vote no, because I think we ought to have a better law. Again, the concept of accessing the medical marijuana, I support. But we need to have a better law than this initiative. So if it doesn't pass, we'll start new. We'll create, in this upcoming legislative session, a bill that everybody can support. If it does pass, then we're going to bring the legislature together and we'll work with the stakeholders who've already acknowledged this bill is not perfect. It does need some improvement and we'll make improvement with the legislative help so we get a good law. We all want that. We want to have access in a rational way to medical marijuana for those who need it and can use it.

BEN WINSLOW, FOX-13: But how do you believe that you can bring the legislature together when they have not been able to pass a bill for years?

GOVERNOR HERBERT:  I think the motivation now is in heightened to get a resolution because of the initiative. You know, that's the lever, that's what's been the catalyst, to get people to talk about this. And I think in more rational and open ways. So I think the motivation there is to in fact have a rational law on the books that does what the proponents are saying, having access to medical marijuana for those who can use it, but not having some proliferation that would lead us to recreational marijuana or lack of control. I mean even the funding thing, because we can't deposit money in banks, you can't use a check, you can't use a credit card. So people carry around suitcases full of money, and it put them in storage, in barns? I mean, where do you heap the money? That's an invitation to have enhanced crime.

So again we understand, and I think most rational people understand, there are some problems with the initiative that need to be fixed. Even the proponents are saying it. So let's either get a new law and fix it that way, or if this initiative passes, that I'm going to vote against, if it passes we'll fix it on the backend. One way or the other, we're going to get a law on the books that make some sense for the people of Utah.

GLEN MILLS, ABC4: Wouldn't the latter be quicker, though? Couldn't you come to a solution quicker if it were to pass and then to fix?

GOVERNOR HERBERT:  I don't think timeline will be any different. Either we go in the session and put a new law, or we go into session, and fix the initiative.

LISA RILEY ROCHE, DESERET NEWS: And governor, you feel comfortable with the state setting up a process for obtaining medical marijuana without any kind of federal action on marijuana.

GOVERNOR HERBERT:  Again, it's probably a dual-track. I'm frustrated because Congress has sat on their hind quarters, and not got anything done on this issue. It's been an issue that's been top of mind in many states. We have 30 states, so-called, that have legalized some form of medical marijuana. I mean is this, are they not paying attention in Washington? Evidently not. Even the past administration. Let years go by and just say, "Well we'll just ignore the law." So let's call upon our congressional delegation to lead the charge with all the rest of members of Congress in the House and the Senate, and say, "It's time. "It's time to find out the truth scientifically, "so that this can be prescribed by a doctor, "Distributed by a pharmacist. "That people can know what they're getting, "in their compounds."

You go to Colorado, they got like 38 different forms of marijuana. And the the levels of THC, the hallucinogenic, and the CBD, oil and aspects that are all different. And the original marijuana plant, way back in the early days, had 15% THC. Now you have plants that are at 80%. We ought to understand what that does to us, our biology, our physiology. That can be done with scientific study and research. So I'm not saying wait, but let's start now. We've wasted 10 or 15 years by doing nothing. It's time to say no more. Let's have Congress act. Let's get the research done. We're doing a little bit of work at the University of Utah, but in the meantime we need to have a bridge to take care of the gap.

LISA RILEY ROCHE, DESERET NEWS: But again, are you comfortable with the state moving forward on distributing medical marijuana through the kind of process you've described, if Congress hasn't taken action at that point? 

GOVERNOR HERBERT:  I will be absolutely. Again, it may be not the best alternative, but it's the alternative that we were left with. We going to play the cards we're dealt with. And so yes, I'm confident we can find a way to thread the needle that everybody can feel good about. In the meantime, waiting for Congress to act.

MICHAEL ORTON, CAPITAL PRESS CORPS: Governor, California's assembly bill 813 would drastically change their energy market and the way they approach the energy market here in the West. And they've, I guess, enlisted some of the help of the Western Governors that are involved with exports, energy exports. What can you tell us about that, and how that potential would revise things for our economy, specifically our energy exporting economy and the Inland Port even?

GOVERNOR HERBERT:  Half the time I'm having a hard enough time keeping up with my own state's legislation, let alone California's. So tell me what 213 means. I have a sense for what it probably means, but tell me.

MICHAEL ORTON, CAPITAL PRESS CORPS: It's kind of, last we knew, it was parked in rules in their Rules Committee, but what they're doing, and Governor Brown has seemed to be in agreement with revision of a regional energy market, which essentially works like a co-op. It would allow California to work with other western states to potentially buy and sell for the grid.

GOVERNOR HERBERT:  Yeah I've talked to Governor Brown about the grid and he would like to have a collaborative effort and have many states joined together. There's some wisdom in doing that. The problem we face is that what we don't want to have as Utah, be subject to whatever California thinks the energy business should look like and be. We may have a different point of view and we don't want to lose our ability to be independent and how we create energy in the state of Utah. Ours is an all-of-the-above approach based on free-market principles. And we are the largest user of wind power, for example. We have big solar farms being constructed, but we still use carbon-based fuels. A lot more into natural gas now, as the transitional fuel. We have some oil and still coal. California is in fact saying, "We don't want to take any of your carbon-based fuels, "even natural gas," to the point of shutting down the IPP project.

MICHAEL ORTON, CAPITAL PRESS CORPS: But if this worked as a regional co-op then you would have to do that.

GOVERNOR HERBERT:  Having us work together in a collaborative fashion to make sure the grid works, and we can maybe hopefully reduce the cost of energy. But we don't want to have California reduce their energy on the backs of Utah, and have our energy costs go up. So there are some concerns that we have with this proposal that's coming from, and again I've talked to Governor Brown about it. He recognizes some of the challenges there. But I'm happy to talk. And if there's a better way to build the mousetrap, that's the proverbial win-win, I'm in.

BOB BERNICK, UTAHPOLICY.COM: What are the next steps?

GOVERNOR HERBERT:  We'll see what they do, is send rules, so we don't even know if it's going to pass, but I'm sure we're going to have a discussion only government to government, but I know the private sector itself is going to be involved in many ways to make sure that their interests are protected and they're not going to be somehow driven out of business, in spite of the demands of the marketplace to say, "We want coal, we need coal, we need natural gas." And so, government sometimes drawing lines, doesn't draw them in the right places.

CHRIS JONES, KUTV:Governor, I just want to throw you in the way-back machine for a minute. In 2016, you vetoed a line item for a program called Teen Chef Pro. Why did you veto it then, and were you concerned about the way that it ended up back in the budget?

GOVERNOR HERBERT:  Well, it's a program, I think was, not that it didn't have some value, but the cost to it was, I thought extraordinarily high, for the benefit. Most things we do in government will be what's the cost, and what's the benefit. I thought putting that money into more education in the classroom and training and teaching people to be chefs was better than funding a reality TV show. Others differed with that and and beside veto, because I thought this money could be better spent somewhere else and not on a reality TV show.

CHRIS JONES, KUTV:And then it ended up back in the budget.

GOVERNOR HERBERT:  And it ended back in. We had this kind of discussion and compromise, it got put back in, but that's the give-and-take of getting in the proverbial middle ground, and compromise, and win-win. The next year, what you're talking about, it didn't put it in the budget at all. The legislature put it in the budget. And, of course, they're kind of taking a page out of Washington DC now. Let's put it in with a bunch of other stuff. And so if I veto a one, I veto the many. And so it was kind of difficult for me to veto that.

We'll be working with all the stakeholders say, "Is there not a better way?" Even the Restaurant Association has said, "If we could get enough money from our private sector," I says "That's where the money ought to be coming from. "Private sector, not taxpayers dollars. "If you want to have a reality TV show, "have private sector step up, or maybe some benefit." You know, the exposure, and I'm a chef and I'm on television.

Our young people see the opportunities that there and certainly being a chef in today's marketplace is actually a good thing. It's a great profession and there's a lot of opportunity out there. I just didn't think taxpayers dollars ought to be spent on the reality TV show, that ought to be funded by private sector donations.

REPORTER: Governor you've got a big fundraiser coming up. Are you reconsidering a run for another term?

GOVERNOR HERBERT:  Well, never say never. But the need for funding for political needs. Our party, the Republican Party, is in need of additional funding, so that's a big thing. Either people I want to support for office in the legislature and local government. Maybe the next person running for governor. There's a lot of different causes out there and candidates, I'd like to support, and so we'll, the fundraising although will be somewhat de-emphasized. But still there's a need for money to come in to put into areas of need, in causes and candidates.

ERIK NEILSEN, KUED: Governor, we're out of time, thank you for joining us again.

GOVERNOR HERBERT: Thank you, great to be with you.

ANNOUNCER: This has been the governor's monthly news conference. An archive of transcripts, video and audio, is available online. Please visit kued.org. Thanks for joining us.

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