2nd Sub. H.B. 384
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: A. Hoidal 6
6 02-14-23 8:43 PM 6
H.B. 384
2nd Sub. (Gray)
Representative Jeffrey D. Stenquist proposes the following substitute bill:
1 OUTDOOR RECREATI ON INFRASTRUCTURE AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jeffrey D. Stenquist
5 Senate Sponsor: Jacob L. Anderegg
6
7LONG TITLE
8General Description:
9 This bill amends the Outdoor Adventure Infrastructure Restricted Account and the
10makeup of the Outdoor Adventure Commission.
11Highlighted Provisions:
12 This bill:
13 <amends the makeup of the Outdoor Adventure Commission;
14 <amends provisions relating to the Outdoor Adventure Infrastructure Restricted
15Account; and
16 <appropriates funds.
17Money Appropriated in this Bill:
18 This bill appropriates for fiscal year 2024:
19 <to Department of Natural Resources - Division of State Parks - Capital:
20 C from General Fund Restricted - Outdoor Adventure Infrastructure
21Restricted Account $20,000,000;
22 <to Department of Natural Resources - Division of Outdoor Recreation - Capital:
23 C from General Fund Restricted - Outdoor Adventure Infrastructure
24Restricted Account, $7,500,000;
25 <to Department of Natural Resources - Division of Outdoor Recreation - Capital:
*HB0384S02* 2nd Sub. (Gray) H.B. 384 02-14-23 8:43 PM
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26 C from General Fund Restricted - Outdoor Adventure Infrastructure
27Restricted Account, $7,500,000; and
28 <to Department of Natural Resources - Division of Outdoor Recreation -
29Recreation Services:
30 C from General Fund Restricted - Outdoor Adventure Infrastructure
31Restricted Account, $200,000.
32Other Special Clauses:
33 None
34Utah Code Sections Affected:
35AMENDS:
36 51-9-902, as enacted by Laws of Utah 2022, Chapter 77
37 63C-21-201, as last amended by Laws of Utah 2022, Chapter 68
38 79-7-204, as enacted by Laws of Utah 2021, Chapter 280
39 79-8-103, as last amended by Laws of Utah 2022, Chapter 68
40 79-8-106, as last amended by Laws of Utah 2022, Chapters 68, 274
41
42Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 51-9-902 is amended to read:
44 51-9-902. Outdoor Adventure Infrastructure Restricted Account.
45 (1) As used in this section, "outdoor recreation infrastructure" means:
46 (a) an unpaved trail, trail head infrastructure, signage, or crossing infrastructure for
47recreation, regardless of whether the recreation is motorized or nonmotorized recreation;
48 (b) a campground or day-use recreation site;
49 (c) water recreation infrastructure, including a pier, dock, or boat ramp; or
50 (d) outdoor recreation facilities that are accessible to visitors with disabilities.
51 (2) There is created within the General Fund a restricted account known as the
52"Outdoor Adventure Infrastructure Restricted Account."
53 [(2)] (3) The account shall consist of:
54 (a) money deposited into the account under Subsection 59-12-103(16); and
55 (b) interest and earnings on money in the account.
56 [(3)] (4) Subject to appropriation from the Legislature, money from the account shall 02-14-23 8:43 PM 2nd Sub. (Gray) H.B. 384
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57be used for:
58 (a) new construction of outdoor recreation infrastructure;
59 (b) upgrades of outdoor recreation infrastructure;
60 (c) the replacement of or structural improvements to outdoor recreation infrastructure;
61 (d) the acquisition of land, a right-of-way, or easement used in relationship to outdoor
62recreation infrastructure; or
63 (e) providing access from state highways, as defined in Section 72-1-102, to outdoor
64recreation infrastructure.
65 (5) For each fiscal year, beginning with fiscal year 2023-2024, the Division of Finance
66shall, subject to appropriation by the Legislature, distribute money from the Outdoor Adventure
67Infrastructure Restricted Account as follows:
68 (a) $20,000,000 to the Department of Natural Resources - Division of State Parks -
69Capital, to be expended using the department's existing prioritization process for capital
70projects in state parks described in Subsection (4);
71 (b) $7,500,000 to the Department of Natural Resources - Division of Outdoor
72Recreation - Capital, to be expended for competitive Recreation Restoration Infrastructure
73grants or Outdoor Recreational Infrastructure grants for outdoor recreation capital projects and
74related maintenance expenses, where maintenance expenses do not exceed 15% of the
75appropriation;
76 (c) $7,500,000 to the Department of Natural Resources - Division of Outdoor
77Recreation - Capital, to be expended for larger outdoor recreation infrastructure projects as
78recommended to the Legislature by the Outdoor Adventure Commission described in
79Subsection (4); and
80 (d) $200,000 to the Department of Natural Resources - Division of Outdoor Recreation
81- Recreation Services, to be expended in the Utah Children's Outdoor Recreation and Education
82Grant Program.
83 [(4)] (6) If the Legislature appropriates money to the Department of Transportation
84from the account, the Transportation Commission, created in Section 72-1-301, shall prioritize
85projects and determine funding levels in accordance with Subsection 72-1-303(1)(a) based on
86recommendations of the Department of Transportation.
87 Section 2. Section 63C-21-201 is amended to read: 2nd Sub. (Gray) H.B. 384 02-14-23 8:43 PM
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88 63C-21-201. Outdoor Adventure Commission created.
89 (1) There is created the Outdoor Adventure Commission consisting of the following
90[14] 15 members:
91 (a) one member of the Senate, appointed by the president of the Senate;
92 (b) one member of the House of Representatives, appointed by the speaker of the
93House of Representatives;
94 (c) the managing director of the Utah Office of Tourism, or the managing director's
95designee;
96 (d) the director of the Division of Outdoor Recreation, or the director's designee;
97 (e) the director of the School and Institutional Trust Lands Administration, or the
98director's designee;
99 (f) a designee of the Division of State Parks;
100 [(f) the coordinator of the Off-highway Vehicle Program within the Division of
101Outdoor Recreation;]
102 (g) a representative of the agriculture industry appointed jointly by the president of the
103Senate and the speaker of the House of Representatives;
104 (h) a representative of the natural resources development industry appointed jointly by
105the president of the Senate and the speaker of the House of Representatives;
106 [(i) one representative of the Utah League of Cities and Towns appointed by the Utah
107League of Cities and Towns;]
108 [(j) one representative] (i) two representatives of the Utah Association of Counties
109appointed by the Utah Association of Counties;
110 [(k) one individual appointed jointly by] (j) two representatives of the Utah League of
111Cities and Towns [and the Utah Association of Counties] appointed by the Utah League of
112Cities and Towns;
113 [(l)] (k) a representative of conservation interests appointed jointly by the president of
114the Senate and the speaker of the House of Representatives;
115 [(m)] (l) a representative of the outdoor recreation industry appointed jointly by the
116president of the Senate and the speaker of the House of Representatives; and
117 (m) a representative of the Department of Transportation.
118 [(n) the coordinator of the boating program within the Division of Outdoor 02-14-23 8:43 PM 2nd Sub. (Gray) H.B. 384
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119Recreation.]
120 (2) The commission shall annually select one of the commission's members to be the
121chair of the commission.
122 (3) (a) If a vacancy occurs in the membership of the commission appointed under
123Subsection (1)(a) or (b), or Subsections (1)(g) through [(m)] (l), the member shall be replaced
124in the same manner in which the original appointment was made.
125 (b) A member appointed under Subsections (1)(g) through [(m)] (l) shall serve a term
126of four years and until the member's successor is appointed and qualified.
127 (c) Notwithstanding the requirements of Subsection (3)(b), for members appointed
128under Subsections (1)(g) through [(m)] (l), the division shall, at the time of appointment or
129reappointment, adjust the length of terms to ensure that the terms of commission members are
130staggered so that approximately half of the commission members appointed under Subsections
131(1)(g) through [(m)] (l) are appointed every two years.
132 (d) An individual may be appointed to more than one term.
133 (4) (a) Eight commission members constitutes a quorum.
134 (b) The action of a majority of a quorum constitutes an action of the commission.
135 (5) (a) The salary and expenses of a commission member who is a legislator shall be
136paid in accordance with Section 36-2-2, Legislative Joint Rules, Title 5, Chapter 2, Lodging,
137Meal, and Transportation Expenses, and Legislative Joint Rules, Title 5, Chapter 3, Legislator
138Compensation.
139 (b) A commission member who is not a legislator may not receive compensation or
140benefits for the member's service on the commission, but may receive per diem and
141reimbursement for travel expenses incurred as a commission member at the rates established by
142the Division of Finance under:
143 (i) Sections 63A-3-106 and 63A-3-107; and
144 (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
14563A-3-107.
146 (6) The coordinator of the Off-highway Vehicle Program within the Division of
147Outdoor Recreation shall serve as a technical advisor to the commission.
148 (7) The coordinator of the boating program within the Division of Outdoor Recreation
149shall serve as a technical advisor to the commission. 2nd Sub. (Gray) H.B. 384 02-14-23 8:43 PM
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150 [(6) The Department of Transportation shall serve as a technical advisor to the
151commission.]
152 [(7)] (8) The Division of Outdoor Recreation, created in Section 79-7-201, shall
153provide staff support to the commission.
154 Section 3. Section 79-7-204 is amended to read:
155 79-7-204. Division authorized to enter into contracts and agreements.
156 (1) The division, with the approval of the executive director and the governor, may
157enter into contracts and agreements with the United States, a United States agency, any other
158department or agency of the state, semipublic organizations, and with private individuals to:
159 (a) provide, improve [and], maintain [recreational grounds and the areas administered
160by the division], or coordinate motorized and nonmotorized recreation within the state; and
161 (b) secure labor, quarters, materials, services, or facilities according to procedures
162established by the Division of Finance.
163 (2) A department, agency, officer, or employee of the state shall give to the division the
164consultation and assistance that the division may reasonably request.
165 Section 4. Section 79-8-103 is amended to read:
166 79-8-103. Outdoor recreation grants.
167 To the extent money is available, the division shall administer outdoor recreation grants
168for the state, including grants that address:
169 (1) outdoor recreation in general;
170 (2) recreational trails;
171 (3) off-highway vehicle incentives;
172 (4) boat access and clean vessels;
173 (5) land, water, and conservation; [and]
174 (6) outdoor recreation programming; and
175 (7) maintenance projects related to the above allowable uses.
176 Section 5. Section 79-8-106 is amended to read:
177 79-8-106. Outdoor Recreation Infrastructure Account -- Uses -- Costs.
178 (1) There is created an expendable special revenue fund known as the "Outdoor
179Recreation Infrastructure Account," which the division shall use to fund:
180 (a) the Outdoor Recreational Infrastructure Grant Program created in Section 79-8-401; 02-14-23 8:43 PM 2nd Sub. (Gray) H.B. 384
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181[and]
182 (b) the Recreation Restoration Infrastructure Grant Program created in Section
18379-8-202; and
184 (c) the Utah Children's Outdoor Recreation and Education Grant Program created in
185Section 79-8-302.
186 (2) The account consists of:
187 (a) distributions to the account under Section 59-28-103;
188 (b) interest earned on the account;
189 (c) appropriations made by the Legislature;
190 (d) money from a cooperative agreement entered into with the United States
191Department of Agriculture or the United States Department of the Interior; and
192 (e) private donations, grants, gifts, bequests, or money made available from any other
193source to implement this part.
194 (3) The division shall, with the advice of the advisory committee, administer the
195account.
196 (4) The cost of administering the account shall be paid from money in the account.
197 (5) Interest accrued from investment of money in the account shall remain in the
198account.
199 Section 6. Appropriation.
200 The following sums of money are appropriated for the fiscal year beginning July 1,
2012023, and ending June 30, 2024. These are additions to amounts previously appropriated for
202fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
203Act, the Legislature appropriates the following sums of money from the funds or accounts
204indicated for the use and support of the government of the state of Utah.
205ITEM 1
206To Department of Natural Resources - Division of State Parks - Capital
207 From General Fund Restricted - Outdoor Adventure
208 Infrastructure Restricted Account 20,000,000
209 Schedule of Programs:
210 Renovation and Development 20,000,000
211 The Legislature intends that: 2nd Sub. (Gray) H.B. 384 02-14-23 8:43 PM
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212 (1) the Division of State Parks use the money appropriated under this item for the
213purposes permitted under Title 51, Chapter 9, Part 9, Outdoor Adventure Infrastructure
214Restricted Account; and
215 (2) under Section 63J-1-603, appropriations provided under this section not lapse at the
216close of fiscal year 2024.
217ITEM 2
218To Department of Natural Resources - Division of Outdoor Recreation - Capital
219 From General Fund Restricted - Outdoor Adventure
220 Infrastructure Restricted Account 7,500,000
221 Schedule of Programs:
222 Recreation Capital 7,500,000
223 The Legislature intends that the Division of Recreation use the money appropriated
224under this item:
225 (1) for the purposes permitted under Title 51, Chapter 9, Part 9, Outdoor Adventure
226Infrastructure Restricted Account;
227 (2) in accordance with existing grant programs that require a match by recipients of the
228grant; and
229 (3) by using no more than 15% of the money appropriated under this item for
230maintenance.
231ITEM 3
232To Department of Natural Resources - Division of Outdoor Recreation - Capital
233 From General Fund Restricted - Outdoor Recreation
234 Infrastructure Restricted Account 7,500,000
235 Schedule of Programs:
236 Recreation Capital 7,500,000
237 The Legislature intends that:
238 (1) the Department of Natural Resources use the money appropriated under this item
239for larger capital projects as recommended to the Legislature by the Outdoor Adventure
240Commission; and
241 (2) the money appropriated under this item is nonlapsing.
242ITEM 4 02-14-23 8:43 PM 2nd Sub. (Gray) H.B. 384
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243To Department of Natural Resources - Division of Outdoor Recreation - Recreation Services
244 From General Fund Restricted - Outdoor Recreation
245 Infrastructure Restricted Account 200,000
246 Schedule of Programs:
247 Utah Children's Outdoor Recreation and Education
248 Grant Program 200,000
249 The Legislature intends that:
250 (1) the Department of Natural Resources use the money appropriated under this item for
251Utah Children's Outdoor Recreation and Education Grant Program; and
252 (2) the money appropriated under this item is nonlapsing.