Utah 2023 Regular Session

Utah House Bill HB0384 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 384
	1	+	3rd Sub. H.B. 384
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: A. Hoidal 6
	4	+	6 02-23-23 8:41 AM 6
	5	+	H.B. 384
	6	+	3rd Sub. (Cherry)
	7	+	Representative Jeffrey D. Stenquist proposes the following substitute bill:
2	8		1 OUTDOOR RECREATI ON INFRASTRUCTURE AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Jeffrey D. Stenquist
6	12		5 Senate Sponsor: Jacob L. Anderegg
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill amends the Outdoor Adventure Infrastructure Restricted Account and the
11	17		10makeup of the Outdoor Adventure Commission.
12	18		11Highlighted Provisions:
13	19		12 This bill:
14	20		13 <amends the makeup of the Outdoor Adventure Commission;
15	21		14 <amends provisions relating to the Outdoor Adventure Infrastructure Restricted
16	22		15Account; and
17	23		16 <appropriates funds.
18	24		17Money Appropriated in this Bill:
19	25		18 This bill appropriates for fiscal year 2024:
20	26		19 <to Department of Natural Resources - Division of State Parks - Capital:
21	27		20 Cfrom General Fund Restricted - Outdoor Adventure Infrastructure Restricted
22	28		21Account, $5,000,000;
23	29		22 <to Department of Natural Resources - Division of Outdoor Recreation - Capital:
24	30		23 Cfrom General Fund Restricted - Outdoor Adventure Infrastructure Restricted
25	31		24Account, $8,000,000; and
26	32		25 <to Department of Natural Resources - Division of Outdoor Recreation - Capital:
	33	+	HB0384S03 3rd Sub. (Cherry) H.B. 384 02-23-23 8:41 AM
	34	+	- 2 -
27	35		26 Cfrom General Fund Restricted - Outdoor Adventure Infrastructure Restricted
28	36		27Account, $19,000,000.
29	37		28Other Special Clauses:
30		-	29 None H.B. 384 Enrolled Copy
31		-	- 2 -
	38	+	29 None
32	39		30Utah Code Sections Affected:
33	40		31AMENDS:
34	41		32 51-9-902, as enacted by Laws of Utah 2022, Chapter 77
35	42		33 63C-21-201, as last amended by Laws of Utah 2022, Chapter 68
36	43		34 79-7-204, as enacted by Laws of Utah 2021, Chapter 280
37	44		35 79-8-103, as last amended by Laws of Utah 2022, Chapter 68
38	45		36 79-8-106, as last amended by Laws of Utah 2022, Chapters 68, 274
39	46		37
40	47		38Be it enacted by the Legislature of the state of Utah:
41	48		39 Section 1. Section 51-9-902 is amended to read:
42	49		40 51-9-902. Outdoor Adventure Infrastructure Restricted Account.
43	50		41 (1) As used in this section, "outdoor recreation infrastructure" means:
44	51		42 (a) an unpaved trail, trail head infrastructure, signage, or crossing infrastructure for
45	52		43recreation, regardless of whether the recreation is motorized or nonmotorized recreation;
46	53		44 (b) a campground or day-use recreation site;
47	54		45 (c) water recreation infrastructure, including a pier, dock, or boat ramp; or
48	55		46 (d) outdoor recreation facilities that are accessible to visitors with disabilities.
49	56		47 (2) There is created within the General Fund a restricted account known as the
50	57		48"Outdoor Adventure Infrastructure Restricted Account."
51	58		49 [(2)] (3) The account shall consist of:
52	59		50 (a) money deposited into the account under Subsection 59-12-103(16); and
53	60		51 (b) interest and earnings on money in the account.
54	61		52 [(3)] (4) Subject to appropriation from the Legislature, money from the account shall
55	62		53be used for:
56	63		54 (a) new construction of outdoor recreation infrastructure;
57	64		55 (b) upgrades of outdoor recreation infrastructure;
58		-	56 (c) the replacement of or structural improvements to outdoor recreation infrastructure;
59		-	57 (d) the acquisition of land, a right-of-way, or easement used in relationship to outdoor Enrolled Copy H.B. 384
	65	+	56 (c) the replacement of or structural improvements to outdoor recreation infrastructure; 02-23-23 8:41 AM 3rd Sub. (Cherry) H.B. 384
60	66		- 3 -
	67	+	57 (d) the acquisition of land, a right-of-way, or easement used in relationship to outdoor
61	68		58recreation infrastructure; or
62	69		59 (e) providing access from state highways, as defined in Section 72-1-102, to outdoor
63	70		60recreation infrastructure.
64	71		61 (5) For each fiscal year, beginning with fiscal year 2023-2024, the Division of Finance
65	72		62shall, subject to appropriation by the Legislature, distribute money from the Outdoor Adventure
66	73		63Infrastructure Restricted Account as follows:
67	74		64 (a) at least 15% to the Department of Natural Resources - Division of State Parks -
68	75		65Capital, to be expended using the department's existing prioritization process for capital
69	76		66projects in state parks described in Subsection (4);
70	77		67 (b) at least 22% to the Department of Natural Resources - Division of Outdoor
71	78		68Recreation - Capital, to be expended for competitive Recreation Restoration Infrastructure
72	79		69grants or Outdoor Recreational Infrastructure grants for outdoor recreation capital projects and
73	80		70related maintenance expenses, where maintenance expenses do not exceed 15% of the
74	81		71appropriation; and
75	82		72 (c) at least 53% to the Department of Natural Resources - Division of Outdoor
76	83		73Recreation - Capital, to be expended for larger outdoor recreation infrastructure projects as
77	84		74recommended to the Legislature by the Outdoor Adventure Commission described in
78	85		75Subsection (4).
79	86		76 [(4)] (6) If the Legislature appropriates money to the Department of Transportation
80	87		77from the account, the Transportation Commission, created in Section 72-1-301, shall prioritize
81	88		78projects and determine funding levels in accordance with Subsection 72-1-303(1)(a) based on
82	89		79recommendations of the Department of Transportation.
83	90		80 Section 2. Section 63C-21-201 is amended to read:
84	91		81 63C-21-201. Outdoor Adventure Commission created.
85	92		82 (1) There is created the Outdoor Adventure Commission consisting of the following
86	93		83[14] 15 members:
87	94		84 (a) one member of the Senate, appointed by the president of the Senate;
88		-	85 (b) one member of the House of Representatives, appointed by the speaker of the H.B. 384 Enrolled Copy
	95	+	85 (b) one member of the House of Representatives, appointed by the speaker of the
	96	+	86House of Representatives;
	97	+	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
89	98		- 4 -
90		-	86House of Representatives;
91		-	87 (c) the managing director of the Utah Office of Tourism, or the managing director's
92	99		88designee;
93	100		89 (d) the director of the Division of Outdoor Recreation, or the director's designee;
94	101		90 (e) the director of the School and Institutional Trust Lands Administration, or the
95	102		91director's designee;
96	103		92 (f) a designee of the Division of State Parks;
97	104		93 [(f) the coordinator of the Off-highway Vehicle Program within the Division of
98	105		94Outdoor Recreation;]
99	106		95 (g) a representative of the agriculture industry appointed jointly by the president of the
100	107		96Senate and the speaker of the House of Representatives;
101	108		97 (h) a representative of the natural resources development industry appointed jointly by
102	109		98the president of the Senate and the speaker of the House of Representatives;
103	110		99 [(i) one representative of the Utah League of Cities and Towns appointed by the Utah
104	111		100League of Cities and Towns;]
105	112		101 [(j)] (i) [one representative] two representatives of the Utah Association of Counties
106	113		102appointed by the Utah Association of Counties;
107	114		103 [(k)] (j) [one individual appointed jointly by] two representatives of the Utah League of
108	115		104Cities and Towns [and the Utah Association of Counties] appointed by the Utah League of
109	116		105Cities and Towns;
110	117		106 [(l)] (k) a representative of conservation interests appointed jointly by the president of
111	118		107the Senate and the speaker of the House of Representatives;
112	119		108 [(m)] (l) a representative of the outdoor recreation industry appointed jointly by the
113	120		109president of the Senate and the speaker of the House of Representatives; and
114	121		110 (m) a representative of the Department of Transportation.
115	122		111 [(n) the coordinator of the boating program within the Division of Outdoor
116	123		112Recreation.]
117		-	113 (2) The commission shall annually select one of the commission's members to be the Enrolled Copy H.B. 384
118		-	- 5 -
	124	+	113 (2) The commission shall annually select one of the commission's members to be the
119	125		114chair of the commission.
120	126		115 (3) (a) If a vacancy occurs in the membership of the commission appointed under
121	127		116Subsection (1)(a) or (b), or Subsections (1)(g) through [(m)] (l), the member shall be replaced
122	128		117in the same manner in which the original appointment was made.
123		-	118 (b) A member appointed under Subsections (1)(g) through [(m)] (l) shall serve a term
	129	+	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
	130	+	- 5 -
124	131		119of four years and until the member's successor is appointed and qualified.
125	132		120 (c) Notwithstanding the requirements of Subsection (3)(b), for members appointed
126	133		121under Subsections (1)(g) through [(m)] (l), the division shall, at the time of appointment or
127	134		122reappointment, adjust the length of terms to ensure that the terms of commission members are
128	135		123staggered so that approximately half of the commission members appointed under Subsections
129	136		124(1)(g) through [(m)] (l) are appointed every two years.
130	137		125 (d) An individual may be appointed to more than one term.
131	138		126 (4) (a) Eight commission members constitutes a quorum.
132	139		127 (b) The action of a majority of a quorum constitutes an action of the commission.
133	140		128 (5) (a) The salary and expenses of a commission member who is a legislator shall be
134	141		129paid in accordance with Section 36-2-2, Legislative Joint Rules, Title 5, Chapter 2, Lodging,
135	142		130Meal, and Transportation Expenses, and Legislative Joint Rules, Title 5, Chapter 3, Legislator
136	143		131Compensation.
137	144		132 (b) A commission member who is not a legislator may not receive compensation or
138	145		133benefits for the member's service on the commission, but may receive per diem and
139	146		134reimbursement for travel expenses incurred as a commission member at the rates established by
140	147		135the Division of Finance under:
141	148		136 (i) Sections 63A-3-106 and 63A-3-107; and
142	149		137 (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
143	150		13863A-3-107.
144	151		139 (6) The coordinator of the Off-highway Vehicle Program within the Division of
145	152		140Outdoor Recreation shall serve as a technical advisor to the commission.
146		-	141 (7) The coordinator of the boating program within the Division of Outdoor Recreation H.B. 384 Enrolled Copy
147		-	- 6 -
	153	+	141 (7) The coordinator of the boating program within the Division of Outdoor Recreation
148	154		142shall serve as a technical advisor to the commission.
149	155		143 [(6) The Department of Transportation shall serve as a technical advisor to the
150	156		144commission.]
151	157		145 [(7)] (8) The Division of Outdoor Recreation, created in Section 79-7-201, shall
152	158		146provide staff support to the commission.
153	159		147 Section 3. Section 79-7-204 is amended to read:
154	160		148 79-7-204. Division authorized to enter into contracts and agreements.
155		-	149 (1) The division, with the approval of the executive director and the governor, may
	161	+	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
	162	+	- 6 -
156	163		150enter into contracts and agreements with the United States, a United States agency, any other
157	164		151department or agency of the state, semipublic organizations, and with private individuals to:
158	165		152 (a) provide, improve [and] , maintain [recreational grounds and the areas administered
159	166		153by the division] , or coordinate motorized and nonmotorized recreation within the state; and
160	167		154 (b) secure labor, quarters, materials, services, or facilities according to procedures
161	168		155established by the Division of Finance.
162	169		156 (2) A department, agency, officer, or employee of the state shall give to the division the
163	170		157consultation and assistance that the division may reasonably request.
164	171		158 Section 4. Section 79-8-103 is amended to read:
165	172		159 79-8-103. Outdoor recreation grants.
166	173		160 To the extent money is available, the division shall administer outdoor recreation grants
167	174		161for the state, including grants that address:
168	175		162 (1) outdoor recreation in general;
169	176		163 (2) recreational trails;
170	177		164 (3) off-highway vehicle incentives;
171	178		165 (4) boat access and clean vessels;
172	179		166 (5) land, water, and conservation; [and]
173	180		167 (6) outdoor recreation programming; and
174	181		168 (7) maintenance projects related to the above allowable uses.
175		-	169 Section 5. Section 79-8-106 is amended to read: Enrolled Copy H.B. 384
176		-	- 7 -
	182	+	169 Section 5. Section 79-8-106 is amended to read:
177	183		170 79-8-106. Outdoor Recreation Infrastructure Account -- Uses -- Costs.
178	184		171 (1) There is created an expendable special revenue fund known as the "Outdoor
179	185		172Recreation Infrastructure Account," which the division shall use to fund:
180	186		173 (a) the Outdoor Recreational Infrastructure Grant Program created in Section 79-8-401;
181	187		174[and]
182	188		175 (b) the Recreation Restoration Infrastructure Grant Program created in Section
183	189		17679-8-202; and
184	190		177 (c) the Utah Children's Outdoor Recreation and Education Grant Program created in
185	191		178Section 79-8-302.
186	192		179 (2) The account consists of:
187		-	180 (a) distributions to the account under Section 59-28-103;
	193	+	180 (a) distributions to the account under Section 59-28-103; 02-23-23 8:41 AM 3rd Sub. (Cherry) H.B. 384
	194	+	- 7 -
188	195		181 (b) interest earned on the account;
189	196		182 (c) appropriations made by the Legislature;
190	197		183 (d) money from a cooperative agreement entered into with the United States
191	198		184Department of Agriculture or the United States Department of the Interior; and
192	199		185 (e) private donations, grants, gifts, bequests, or money made available from any other
193	200		186source to implement this part.
194	201		187 (3) The division shall, with the advice of the advisory committee, administer the
195	202		188account.
196	203		189 (4) The cost of administering the account shall be paid from money in the account.
197	204		190 (5) Interest accrued from investment of money in the account shall remain in the
198	205		191account.
199	206		192 Section 6. Appropriation.
200	207		193 The following sums of money are appropriated for the fiscal year beginning July 1,
201	208		1942023, and ending June 30, 2024. These are additions to amounts previously appropriated for
202	209		195fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
203	210		196Act, the Legislature appropriates the following sums of money from the funds or accounts
204		-	197indicated for the use and support of the government of the state of Utah. H.B. 384 Enrolled Copy
205		-	- 8 -
	211	+	197indicated for the use and support of the government of the state of Utah.
206	212		198ITEM 1
207	213		199To Department of Natural Resources - Division of State Parks - Capital
208	214		200 From General Fund Restricted - Outdoor Adventure Infrastructure
209	215		201 Restricted Account 5,000,000
210	216		202 Schedule of Programs:
211	217		203 Renovation and Development 5,000,000
212	218		204 The Legislature intends that:
213	219		205 (1) the Division of State Parks use the money appropriated under this item for the
214	220		206purposes permitted under Title 51, Chapter 9, Part 9, Outdoor Adventure Infrastructure
215	221		207Restricted Account; and
216	222		208 (2) under Section 63J-1-603, appropriations provided under this section not lapse at the
217	223		209close of fiscal year 2024.
218	224		210ITEM 2
219		-	211To Department of Natural Resources - Division of Outdoor Recreation - Capital
	225	+	211To Department of Natural Resources - Division of Outdoor Recreation - Capital 3rd Sub. (Cherry) H.B. 384 02-23-23 8:41 AM
	226	+	- 8 -
220	227		212 From General Fund Restricted - Outdoor Adventure Infrastructure
221	228		213 Restricted Account 8,000,000
222	229		214 Schedule of Programs:
223	230		215 Recreation Capital 8,000,000
224	231		216 The Legislature intends that the Division of Outdoor Recreation use the money
225	232		217appropriated under this item:
226	233		218 (1) for the purposes permitted under Title 51, Chapter 9, Part 9, Outdoor Adventure
227	234		219Infrastructure Restricted Account;
228	235		220 (2) in accordance with existing grant programs that require a match by recipients of the
229	236		221grant; and
230	237		222 (3) by using no more than 15% of the money appropriated under this item for
231	238		223maintenance.
232	239		224ITEM 3
233		-	225To Department of Natural Resources - Division of Outdoor Recreation - Capital Enrolled Copy H.B. 384
234		-	- 9 -
	240	+	225To Department of Natural Resources - Division of Outdoor Recreation - Capital
235	241		226 From General Fund Restricted - Outdoor Adventure Infrastructure
236	242		227 Restricted Account 19,000,000
237	243		228 Schedule of Programs:
238	244		229 Recreation Capital 19,000,000
239	245		230 The Legislature intends that:
240	246		231 (1) the Department of Natural Resources use the money appropriated under this item
241	247		232for larger capital projects as recommended to the Legislature by the Outdoor Adventure
242	248		233Commission; and
243	249		234 (2) the money appropriated under this item is nonlapsing.