Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 200 First Substitute (2016GS)

Sponsor

Sen. Van Tassell, K.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• creates the Sage Grouse Compensatory Mitigation Program;
• provides for the scope and administration of the program;
• provides requirements for the Department of Natural Resources; and
• grants rulemaking authority to the Department of Natural Resources.

Every vote on this bill

Bill text

COMPENSATORY MITIGATION PROGRAM FOR SAGE
GROUSE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kevin T. Van Tassell
House Sponsor: 
Scott D. Sandall
LONG TITLE
General Description:
This bill enacts provisions related to the protection of sage grouse.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Sage Grouse Compensatory Mitigation Program;
▸ provides for the scope and administration of the program;
▸ provides requirements for the Department of Natural Resources; and
▸ grants rulemaking authority to the Department of Natural Resources.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
79-2-501
, Utah Code Annotated 1953
79-2-502
, Utah Code Annotated 1953
79-2-503
, Utah Code Annotated 1953
79-2-504
, Utah Code Annotated 1953
79-2-505
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
79-2-501
 is enacted to read:
Part 5. Sage Grouse Management and Protection
 79-2-501.
Title.
This part is known as "Sage Grouse Management and Protection."
Section 2. Section 
79-2-502
 is enacted to read:
 79-2-502.
Definitions.
As used in this part:
(1) "Compensatory mitigation" means avoiding, minimizing, rectifying, reducing, or
eliminating impacts on sage grouse habitat by providing substitute sage grouse habitat through
conservation projects or conservation banks.
(2) "Conservation plan" means the current version of the "Conservation Plan for
Greater Sage-grouse in Utah" developed by the state and approved by the governor.
(3) "Permanently disturb" means an action that disrupts the common activities of sage
grouse for a period of more than five years and includes all areas where the effects of the action
could be expected to disrupt the common activities of sage grouse for a period of more than
five years.
(4) "Person" means:
(a) an individual;
(b) a corporation;
(c) a limited liability company;
(d) a partnership;
(e) an association;
(f) a trust; or
(g) a voluntary organization.
(5) "Program" means the Sage Grouse Compensatory Mitigation Program created
under Section 
79-2-504
.
(6) "Sage grouse" means the greater sage-grouse, or the species centrocercus
urophasianus.
Section 3. Section 
79-2-503
 is enacted to read:
 79-2-503.
Scope.
Nothing in this part requires a person, whether public or private, to participate in the
program.
Section 4. Section 
79-2-504
 is enacted to read:
 79-2-504.
Program creation -- Administration.
(1) There is created the Sage Grouse Compensatory Mitigation Program to mitigate the
impacts of development or disturbance of sage grouse habitat by:
(a) creating and preserving habitat for the long-term conservation of sage grouse in the
state in a manner that minimizes impacts to economic growth;
(b) establishing a mechanism by which conservation banks may operate in Utah to
achieve compensatory mitigation; and
(c) establishing a mechanism by which a person or a governmental entity may
voluntarily complete compensatory mitigation.
(2) (a) The department shall administer the program and may make rules in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the program in
accordance with the provisions of this part.
(b) A rule made under Subsection (2)(a) shall be consistent with:
(i) the requirements of Section 
79-2-505
;
(ii) the goals and objectives described in the conservation plan, including avoiding and
minimizing habitat disturbances and mitigation impacts to sage grouse habitat; and
(iii) to the greatest extent possible, any local programs for the conservation of sage
grouse habitat.
(c) Before making any rules under this chapter, the department shall:
(i) create a plan by which the requirements of this chapter will be met; and
(ii) before November 1, 2016, present the plan to the Natural Resources, Agriculture,
and Environment Interim Committee.
Section 5. Section 
79-2-505
 is enacted to read:
 79-2-505.
Department duties.
(1) In administering the program created in Section 
79-2-504
, the department shall:
(a) create a system through which:
(i) a person may:
(A) generate a mitigation credit from the department if the person creates a
conservation bank by enhancing and dedicating land for sage grouse habitat and conservation;
and
(B) sell a mitigation credit generated under Subsection (1)(a)(i)(A) to another person
that permanently disturbs sage grouse habitat;
(ii) the state may generate a mitigation credit by enhancing and dedicating land for sage
grouse habitat and conservation;
(iii) a person may purchase a mitigation credit generated by the state under Subsection
(1)(a)(ii) for no less than the state's total cost of enhancing and dedicating the land; and
(iv) a person may use a mitigation credit to permanently disturb sage grouse habitat to
the extent that the person possesses sufficient mitigation credits;
(b) create a system for tracking mitigation credits that are created, purchased, sold, or
used under Subsection (1);
(c) establish procedures and criteria to identify and approve land that a person or a
governmental entity may use for compensatory mitigation; and
(d) consistent with this chapter, integrate and coordinate the program with other state,
local, private, and non-profit plans to protect and manage sage grouse habitat.
(2) The state's total cost described under Subsection (1)(a)(iii) may include costs
associated with the department's administration of the program.