3rd Sub. H.B. 384
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: A. Hoidal 6
6 02-23-23 8:41 AM 6
H.B. 384
3rd Sub. (Cherry)
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 Cfrom General Fund Restricted - Outdoor Adventure Infrastructure Restricted
21Account, $5,000,000;
22 <to Department of Natural Resources - Division of Outdoor Recreation - Capital:
23 Cfrom General Fund Restricted - Outdoor Adventure Infrastructure Restricted
24Account, $8,000,000; and
25 <to Department of Natural Resources - Division of Outdoor Recreation - Capital:
*HB0384S03* 3rd Sub. (Cherry) H.B. 384 02-23-23 8:41 AM
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26 Cfrom General Fund Restricted - Outdoor Adventure Infrastructure Restricted
27Account, $19,000,000.
28Other Special Clauses:
29 None
30Utah Code Sections Affected:
31AMENDS:
32 51-9-902, as enacted by Laws of Utah 2022, Chapter 77
33 63C-21-201, as last amended by Laws of Utah 2022, Chapter 68
34 79-7-204, as enacted by Laws of Utah 2021, Chapter 280
35 79-8-103, as last amended by Laws of Utah 2022, Chapter 68
36 79-8-106, as last amended by Laws of Utah 2022, Chapters 68, 274
37
38Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 51-9-902 is amended to read:
40 51-9-902. Outdoor Adventure Infrastructure Restricted Account.
41 (1) As used in this section, "outdoor recreation infrastructure" means:
42 (a) an unpaved trail, trail head infrastructure, signage, or crossing infrastructure for
43recreation, regardless of whether the recreation is motorized or nonmotorized recreation;
44 (b) a campground or day-use recreation site;
45 (c) water recreation infrastructure, including a pier, dock, or boat ramp; or
46 (d) outdoor recreation facilities that are accessible to visitors with disabilities.
47 (2) There is created within the General Fund a restricted account known as the
48"Outdoor Adventure Infrastructure Restricted Account."
49 [(2)] (3) The account shall consist of:
50 (a) money deposited into the account under Subsection 59-12-103(16); and
51 (b) interest and earnings on money in the account.
52 [(3)] (4) Subject to appropriation from the Legislature, money from the account shall
53be used for:
54 (a) new construction of outdoor recreation infrastructure;
55 (b) upgrades of outdoor recreation infrastructure;
56 (c) the replacement of or structural improvements to outdoor recreation infrastructure; 02-23-23 8:41 AM 3rd Sub. (Cherry) H.B. 384
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57 (d) the acquisition of land, a right-of-way, or easement used in relationship to outdoor
58recreation infrastructure; or
59 (e) providing access from state highways, as defined in Section 72-1-102, to outdoor
60recreation infrastructure.
61 (5) For each fiscal year, beginning with fiscal year 2023-2024, the Division of Finance
62shall, subject to appropriation by the Legislature, distribute money from the Outdoor Adventure
63Infrastructure Restricted Account as follows:
64 (a) at least 15% to the Department of Natural Resources - Division of State Parks -
65Capital, to be expended using the department's existing prioritization process for capital
66projects in state parks described in Subsection (4);
67 (b) at least 22% to the Department of Natural Resources - Division of Outdoor
68Recreation - Capital, to be expended for competitive Recreation Restoration Infrastructure
69grants or Outdoor Recreational Infrastructure grants for outdoor recreation capital projects and
70related maintenance expenses, where maintenance expenses do not exceed 15% of the
71appropriation; and
72 (c) at least 53% to the Department of Natural Resources - Division of Outdoor
73Recreation - Capital, to be expended for larger outdoor recreation infrastructure projects as
74recommended to the Legislature by the Outdoor Adventure Commission described in
75Subsection (4).
76 [(4)] (6) If the Legislature appropriates money to the Department of Transportation
77from the account, the Transportation Commission, created in Section 72-1-301, shall prioritize
78projects and determine funding levels in accordance with Subsection 72-1-303(1)(a) based on
79recommendations of the Department of Transportation.
80 Section 2. Section 63C-21-201 is amended to read:
81 63C-21-201. Outdoor Adventure Commission created.
82 (1) There is created the Outdoor Adventure Commission consisting of the following
83[14] 15 members:
84 (a) one member of the Senate, appointed by the president of the Senate;
85 (b) one member of the House of Representatives, appointed by the speaker of the
86House of Representatives;
87 (c) the managing director of the Utah Office of Tourism, or the managing director's 3rd Sub. (Cherry) H.B. 384 02-23-23 8:41 AM
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88designee;
89 (d) the director of the Division of Outdoor Recreation, or the director's designee;
90 (e) the director of the School and Institutional Trust Lands Administration, or the
91director's designee;
92 (f) a designee of the Division of State Parks;
93 [(f) the coordinator of the Off-highway Vehicle Program within the Division of
94Outdoor Recreation;]
95 (g) a representative of the agriculture industry appointed jointly by the president of the
96Senate and the speaker of the House of Representatives;
97 (h) a representative of the natural resources development industry appointed jointly by
98the president of the Senate and the speaker of the House of Representatives;
99 [(i) one representative of the Utah League of Cities and Towns appointed by the Utah
100League of Cities and Towns;]
101 [(j)] (i) [one representative] two representatives of the Utah Association of Counties
102appointed by the Utah Association of Counties;
103 [(k)] (j) [one individual appointed jointly by] two representatives of the Utah League of
104Cities and Towns [and the Utah Association of Counties] appointed by the Utah League of
105Cities and Towns;
106 [(l)] (k) a representative of conservation interests appointed jointly by the president of
107the Senate and the speaker of the House of Representatives;
108 [(m)] (l) a representative of the outdoor recreation industry appointed jointly by the
109president of the Senate and the speaker of the House of Representatives; and
110 (m) a representative of the Department of Transportation.
111 [(n) the coordinator of the boating program within the Division of Outdoor
112Recreation.]
113 (2) The commission shall annually select one of the commission's members to be the
114chair of the commission.
115 (3) (a) If a vacancy occurs in the membership of the commission appointed under
116Subsection (1)(a) or (b), or Subsections (1)(g) through [(m)] (l), the member shall be replaced
117in the same manner in which the original appointment was made.
118 (b) A member appointed under Subsections (1)(g) through [(m)] (l) shall serve a term 02-23-23 8:41 AM 3rd Sub. (Cherry) H.B. 384
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119of four years and until the member's successor is appointed and qualified.
120 (c) Notwithstanding the requirements of Subsection (3)(b), for members appointed
121under Subsections (1)(g) through [(m)] (l), the division shall, at the time of appointment or
122reappointment, adjust the length of terms to ensure that the terms of commission members are
123staggered so that approximately half of the commission members appointed under Subsections
124(1)(g) through [(m)] (l) are appointed every two years.
125 (d) An individual may be appointed to more than one term.
126 (4) (a) Eight commission members constitutes a quorum.
127 (b) The action of a majority of a quorum constitutes an action of the commission.
128 (5) (a) The salary and expenses of a commission member who is a legislator shall be
129paid in accordance with Section 36-2-2, Legislative Joint Rules, Title 5, Chapter 2, Lodging,
130Meal, and Transportation Expenses, and Legislative Joint Rules, Title 5, Chapter 3, Legislator
131Compensation.
132 (b) A commission member who is not a legislator may not receive compensation or
133benefits for the member's service on the commission, but may receive per diem and
134reimbursement for travel expenses incurred as a commission member at the rates established by
135the Division of Finance under:
136 (i) Sections 63A-3-106 and 63A-3-107; and
137 (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
13863A-3-107.
139 (6) The coordinator of the Off-highway Vehicle Program within the Division of
140Outdoor Recreation shall serve as a technical advisor to the commission.
141 (7) The coordinator of the boating program within the Division of Outdoor Recreation
142shall serve as a technical advisor to the commission.
143 [(6) The Department of Transportation shall serve as a technical advisor to the
144commission.]
145 [(7)] (8) The Division of Outdoor Recreation, created in Section 79-7-201, shall
146provide staff support to the commission.
147 Section 3. Section 79-7-204 is amended to read:
148 79-7-204. Division authorized to enter into contracts and agreements.
149 (1) The division, with the approval of the executive director and the governor, may 3rd Sub. (Cherry) H.B. 384 02-23-23 8:41 AM
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150enter into contracts and agreements with the United States, a United States agency, any other
151department or agency of the state, semipublic organizations, and with private individuals to:
152 (a) provide, improve [and] , maintain [recreational grounds and the areas administered
153by the division] , or coordinate motorized and nonmotorized recreation within the state; and
154 (b) secure labor, quarters, materials, services, or facilities according to procedures
155established by the Division of Finance.
156 (2) A department, agency, officer, or employee of the state shall give to the division the
157consultation and assistance that the division may reasonably request.
158 Section 4. Section 79-8-103 is amended to read:
159 79-8-103. Outdoor recreation grants.
160 To the extent money is available, the division shall administer outdoor recreation grants
161for the state, including grants that address:
162 (1) outdoor recreation in general;
163 (2) recreational trails;
164 (3) off-highway vehicle incentives;
165 (4) boat access and clean vessels;
166 (5) land, water, and conservation; [and]
167 (6) outdoor recreation programming; and
168 (7) maintenance projects related to the above allowable uses.
169 Section 5. Section 79-8-106 is amended to read:
170 79-8-106. Outdoor Recreation Infrastructure Account -- Uses -- Costs.
171 (1) There is created an expendable special revenue fund known as the "Outdoor
172Recreation Infrastructure Account," which the division shall use to fund:
173 (a) the Outdoor Recreational Infrastructure Grant Program created in Section 79-8-401;
174[and]
175 (b) the Recreation Restoration Infrastructure Grant Program created in Section
17679-8-202; and
177 (c) the Utah Children's Outdoor Recreation and Education Grant Program created in
178Section 79-8-302.
179 (2) The account consists of:
180 (a) distributions to the account under Section 59-28-103; 02-23-23 8:41 AM 3rd Sub. (Cherry) H.B. 384
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181 (b) interest earned on the account;
182 (c) appropriations made by the Legislature;
183 (d) money from a cooperative agreement entered into with the United States
184Department of Agriculture or the United States Department of the Interior; and
185 (e) private donations, grants, gifts, bequests, or money made available from any other
186source to implement this part.
187 (3) The division shall, with the advice of the advisory committee, administer the
188account.
189 (4) The cost of administering the account shall be paid from money in the account.
190 (5) Interest accrued from investment of money in the account shall remain in the
191account.
192 Section 6. Appropriation.
193 The following sums of money are appropriated for the fiscal year beginning July 1,
1942023, and ending June 30, 2024. These are additions to amounts previously appropriated for
195fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
196Act, the Legislature appropriates the following sums of money from the funds or accounts
197indicated for the use and support of the government of the state of Utah.
198ITEM 1
199To Department of Natural Resources - Division of State Parks - Capital
200 From General Fund Restricted - Outdoor Adventure Infrastructure
201 Restricted Account 5,000,000
202 Schedule of Programs:
203 Renovation and Development 5,000,000
204 The Legislature intends that:
205 (1) the Division of State Parks use the money appropriated under this item for the
206purposes permitted under Title 51, Chapter 9, Part 9, Outdoor Adventure Infrastructure
207Restricted Account; and
208 (2) under Section 63J-1-603, appropriations provided under this section not lapse at the
209close of fiscal year 2024.
210ITEM 2
211To Department of Natural Resources - Division of Outdoor Recreation - Capital 3rd Sub. (Cherry) H.B. 384 02-23-23 8:41 AM
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212 From General Fund Restricted - Outdoor Adventure Infrastructure
213 Restricted Account 8,000,000
214 Schedule of Programs:
215 Recreation Capital 8,000,000
216 The Legislature intends that the Division of Outdoor Recreation use the money
217appropriated under this item:
218 (1) for the purposes permitted under Title 51, Chapter 9, Part 9, Outdoor Adventure
219Infrastructure Restricted Account;
220 (2) in accordance with existing grant programs that require a match by recipients of the
221grant; and
222 (3) by using no more than 15% of the money appropriated under this item for
223maintenance.
224ITEM 3
225To Department of Natural Resources - Division of Outdoor Recreation - Capital
226 From General Fund Restricted - Outdoor Adventure Infrastructure
227 Restricted Account 19,000,000
228 Schedule of Programs:
229 Recreation Capital 19,000,000
230 The Legislature intends that:
231 (1) the Department of Natural Resources use the money appropriated under this item
232for larger capital projects as recommended to the Legislature by the Outdoor Adventure
233Commission; and
234 (2) the money appropriated under this item is nonlapsing.