Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 130 (2018GS)

Sponsor

Rep. Sandall, S.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the membership and duties of the Conservation Commission;
• modifies the procedure for making a loan or a grant from the Agriculture Resource Development Fund;
• authorizes an advisory board of the Conservation Commission to approve loans from the Agriculture Resource Development Fund;
• modifies the duties of a conservation district to include responsibility for planning watershed and flood control projects;
• clarifies that a conservation district may not exercise taxing authority; and
• makes technical changes.

Every vote on this bill

Bill text

RESOURCE CONSERVATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill modifies provisions related to the Conservation Commission.
Highlighted Provisions:
This bill:
▸ modifies the membership and duties of the Conservation Commission;
▸ modifies the procedure for making a loan or a grant from the Agriculture Resource
Development Fund;
▸ authorizes an advisory board of the Conservation Commission to approve loans
from the Agriculture Resource Development Fund;
▸ modifies the duties of a conservation district to include responsibility for planning
watershed and flood control projects;
▸ clarifies that a conservation district may not exercise taxing authority; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-18-102
, as last amended by Laws of Utah 2017, Chapter 345
4-18-104
, as last amended by Laws of Utah 2017, Chapter 345
4-18-105
, as last amended by Laws of Utah 2017, Chapters 345 and 463
4-18-106
, as last amended by Laws of Utah 2017, Chapter 345
17D-3-103
, as enacted by Laws of Utah 2008, Chapter 360
17D-3-105
, as last amended by Laws of Utah 2014, Chapter 189
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-18-102
 is amended to read:
4-18-102.
Purpose declaration.
(1) The Legislature finds and declares that:
(a) the soil and water resources of this state constitute one of the state's basic assets;
and
(b) the preservation of soil and water resources requires planning and programs to
ensure:
(i) the development and utilization of soil and water resources; and
(ii) soil and water resources' protection from the adverse effects of wind and water
erosion, sediment, and sediment related pollutants.
(2) The Legislature finds that local production of food is essential for:
(a) the security of the state's food supply; and
(b) the self-sufficiency of the state's citizens.
(3) The Legislature finds that sustainable agriculture is critical to:
(a) the success of rural communities;
(b) the historical culture of the state;
(c) maintaining healthy farmland;
(d) maintaining high water quality;
(e) maintaining abundant wildlife;
(f) high-quality recreation for citizens of the state; and
(g) helping to stabilize the state economy.
(4) The Legislature finds that livestock grazing on public lands is important for the
proper management, maintenance, and health of public lands in the state.
(5) The Legislature encourages each agricultural producer in the state to operate in a
reasonable and responsible manner to maintain the integrity of [
land,
] soil, water, and air.
(6) The department shall administer the Utah Agriculture Certificate of Environmental
Stewardship Program, created in Section 
4-18-107
, to encourage each agricultural producer in
this state to operate in a reasonable and responsible manner to maintain the integrity of the
state's resources.
Section 2. Section 
4-18-104
 is amended to read:
4-18-104.
Conservation Commission created -- Composition -- Appointment --
Terms -- Compensation -- Attorney general to provide legal assistance.
(1) There is created within the department the Conservation Commission to perform
the functions specified in this chapter.
(2) The Conservation Commission shall be composed of [
]
:
(a) 11 voting
 members, including:
[
(a)
] 
(i)
 the director of the Extension Service at Utah State University or the director's
designee;
[
(b) the president of the Utah Association of Conservation Districts or the president's
designee;
]
[
(c) the commissioner or the commissioner's designee;
]
[
(d)
] 
(ii)
 the executive director of the Department of Natural Resources or the
executive director's designee;
[
(e)
] 
(iii)
 the executive director of the Department of Environmental Quality or the
executive director's designee;
[
(f) the chair, or the chair's designee, of the State Grazing Advisory Board, created in
Section 
4-20-103
;
]
[
(g)
] 
(iv)
 the president of the County Weed Supervisors Association 
or the president's
designee
; 
and
[
(h)
] 
(v)
 seven
 district supervisors who provide district representation on the
commission on a multicounty basis; and
(b) the commissioner or the commissioner's designee.
[
(i) the director of the School and Institutional Trust Lands Administration or the
director's designee.
]
(3) If a district supervisor is unable to attend a meeting, 
the district supervisor may
designate
 an alternate [
may
] 
to
 serve in the place of the district supervisor for that meeting.
(4) None of the members described in Subsection (2)(a)(v) or (3) may serve on an
association that represents a conservation district.
(5) (a) The commissioner or the commissioner's designee shall serve as chair of the
Conservation Commission.
(b) The commissioner or the commissioner's designee may not vote except in the event
of a tie, in which case the commissioner or the commissioner's designee shall cast the deciding
vote.
[
(4)
] 
(6)
 The members of the commission specified in Subsection (2)[
(h)
]
(e)
 shall:
(a) be recommended by the commission to the governor; and
(b) be appointed by the governor with the consent of the Senate.
[
(5)
] 
(7)
 (a) Except as required by Subsection [
(5)
] 
(7)
(b), as terms of current
commission members expire, the governor shall appoint each new member or reappointed
member to a four-year term.
(b) Notwithstanding the requirements of Subsection [
(5)
] 
(7)
(a), the governor shall, at
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
commission members are staggered so that approximately half of the commission is appointed
every two years.
(c) A commission member may not be appointed to more than two consecutive terms.
[
(6)
] 
(8)
 When a vacancy occurs in the membership for any reason, the replacement
shall be appointed for the unexpired term.
[
(7) The commissioner is chair of the commission.
]
[
(8)
] 
(9)
 Attendance of [
a majority
] 
six voting members
 of the commission [
members
]
at a meeting constitutes a quorum.
[
(9)
] 
(10)
 A member may not receive compensation or benefits for the member's
service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
[
(10)
] 
(11)
 The commission shall keep a record of the commission's actions.
[
(11)
] 
(12)
 The attorney general shall provide legal services to the commission upon
request.
Section 3. Section 
4-18-105
 is amended to read:
4-18-105.
Conservation Commission -- Functions and duties.
(1) The commission shall:
(a) facilitate the development and implementation of the strategies and programs
necessary to:
(i) protect, conserve, utilize, and develop the soil, [
air, and
] water
, and air
 resources of
the state; and
(ii) promote the protection, integrity, and restoration of land for agricultural and other
beneficial purposes;
(b) disseminate information regarding districts' activities and programs;
(c) supervise the formation, reorganization, or dissolution of districts according to the
requirements of Title 17D, Chapter 3, Conservation District Act;
(d) prescribe uniform accounting and recordkeeping procedures for districts and
require each district to submit annually [
an audit of the district's funds to the commission
] 
the
information required in Section 
17D-3-103
;
(e) approve and make loans for agricultural purposes, through the 
loan
 advisory [
board
]
subcommittee
 described in Section 
4-18-106
, from the Agriculture Resource Development
Fund[
, for:
]
;
[
(i) rangeland improvement and management projects;
]
[
(ii) watershed protection and flood prevention projects;
]
[
(iii) agricultural cropland soil and water conservation projects;
]
[
(iv) programs designed to promote energy efficient farming practices; and
]
[
(v) programs or improvements for agriculture product storage or protections of a crop
or animal resource;
]
(f) 
seek to obtain and
 administer federal or state funds[
, including loan funds under this
chapter,
] in accordance with applicable federal or state guidelines and make loans or grants
from those funds to [
land occupiers
] 
an eligible entity, as defined by the department by rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 for[
:
] 
the
preservation of soil, water, and air resources;
[
(i) conservation of soil or water resources;
]
[
(ii) maintenance of rangeland improvement projects;
]
[
(iii) development and implementation of coordinated resource management plans, as
defined in Section 
4-18-103
, with conservation districts, as defined in Section 
17D-3-102
; and
]
[
(iv) control or eradication of noxious weeds and invasive plant species:
]
[
(A) in cooperation and coordination with local weed boards; and
]
[
(B) in accordance with Section 
4-17-114
;
]
(g) seek to coordinate soil and water protection, conservation, and development
activities and programs of state agencies, local governmental units, other states, special interest
groups, and federal agencies; 
and
[
(h) plan watershed and flood control projects in cooperation with appropriate local,
state, and federal authorities, and coordinate flood control projects in the state;
]
[
(i) assist other state agencies with conservation standards for agriculture when
requested; and
]
[
(j)
] 
(h)
 when assigned by the governor, when required by contract with the
Department of Environmental Quality, or when required by contract with the United States
Environmental Protection Agency:
(i) develop programs for the prevention, control, or abatement of new or existing
pollution to the soil, water, or air of the state;
(ii) advise, consult, and cooperate with affected parties to further the purpose of this
chapter;
(iii) conduct studies, investigations, research, and demonstrations relating to
agricultural pollution issues;
(iv) give reasonable consideration in the exercise of its powers and duties to the
economic impact on sustainable agriculture;
(v) meet the requirements of federal law related to water and air pollution in the
exercise of the commission's powers and duties; and
(vi) establish administrative penalties relating to agricultural discharges as defined in
Section 
4-18-103
 that are proportional to the seriousness of the resulting environmental harm.
(2) The commission may:
(a) employ, with the approval of the department, an administrator and necessary
technical experts and employees;
(b) execute contracts or other instruments necessary to exercise its powers;
(c) take necessary action to promote and enforce the purpose and findings of Section
4-18-102
;
(d) sue and be sued; and
(e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
Subsections (2)(b) and (c).
Section 4. Section 
4-18-106
 is amended to read:
4-18-106.
Agriculture Resource Development Fund -- Contents -- Use of fund
money -- Authority board.
(1) There is created a revolving loan fund known as the Agriculture Resource
Development Fund.
(2) The Agriculture Resource Development Fund shall consist of:
(a) money appropriated to it by the Legislature;
(b) sales and use tax receipts transferred to the fund in accordance with Section
59-12-103
;
(c) money received for the repayment of loans made from the fund;
(d) money made available to the state for agriculture resource development from any
source; and
(e) interest earned on the fund.
(3) The commission shall make loans from the Agriculture Resource Development
Fund [
as provided by Subsections 
4-18-105
(1)(e)(i) through (iv).
] 
for a:
(a) rangeland improvement and management project;
(b) watershed protection or flood prevention project;
(c) soil and water conservation project;
(d) program designed to promote energy efficient farming practices;
(e) improvement program for agriculture product storage or program designed to
protect a crop or animal resource; or
(f) hydroponic or aquaponic system.
(4) The commission may appoint an advisory board that shall:
(a) oversee the award process for loans, as described in this section;
(b) [
make recommendations to the commission regarding
] 
approve
 loans; and
(c) recommend policies and procedures for the Agriculture Resource Development
Fund that are consistent with statute.
(5) The commission may make a grant from the Agriculture Resource Development
Fund to an eligible entity, as defined by the department by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, that has the legal right to occupy land
for:
(a) the development or implementation of a coordinated resource management plan
with a conservation district, as defined in Section 
17D-3-102
; and
(b) control or eradication of noxious weeds and invasive plant species in cooperation
and coordination with a local weed board.
Section 5. Section 
17D-3-103
 is amended to read:
17D-3-103.
Conservation district status, authority, and duties.
(1) A conservation district created under this chapter:
(a) is a body corporate and politic;
(b) is a political subdivision of the state; and
(c) may sue and be sued.
(2) (a) A conservation district may:
(i) survey, investigate, and research soil erosion, floodwater, nonpoint source water
pollution, flood control, water pollution, sediment damage, and watershed development;
(ii) subject to Subsection (2)(b), devise and implement on state or private land a
measure to prevent soil erosion, floodwater or sediment damage, nonpoint source water
pollution, or other degradation of a watershed or of property affecting a watershed;
(iii) subject to Subsection (2)(b), devise and implement a measure to conserve,
develop, utilize, or dispose of water on state or private land;
(iv) construct, improve, operate, and maintain a structure that the board of supervisors
considers necessary or convenient for the conservation district to carry out its purposes under
this chapter;
(v) acquire property, real or personal, by purchase or otherwise, and maintain, improve,
and administer that property consistent with the purposes of this chapter;
(vi) enter into a contract in the name of the conservation district;
(vii) receive money from:
(A) a federal or state agency;
(B) a county, municipality, or other political subdivision of the state; or
(C) a private source;
(viii) subject to Subsection (2)(c), make recommendations governing land use within
the conservation district, including:
(A) the observance of particular methods of cultivation;
(B) the use of specific crop programs and tillage practices;
(C) the avoidance of tilling and cultivating highly erosive areas where erosion may not
be adequately controlled if cultivated;
(D) the construction of terraces, terrace outlets, check dams, dikes, ponds, or other
structures; and
(E) the development or restoration, or both, of range or forest lands or other natural
resources, whether in private, state, or federal ownership;
(ix) plan watershed and flood control projects in cooperation with local, state, and
federal authorities, and coordinate flood control projects in the state;
[
(ix)
] 
(x)
 make recommendations for county and municipal land use authorities within
the conservation district to consider with respect to land use applications and other
development proposals;
[
(x)
] 
(xi)
 employ clerical and other staff personnel, including legal staff, subject to
available funds; and
[
(xi)
] 
(xii)
 perform any other act that the board of supervisors considers necessary or
convenient for the efficient and effective administration of the conservation district.
(b) A conservation district's authority under Subsections (2)(a)(ii) and (iii) is subject to
the consent of:
(i) the land occupier; and
(ii) in the case of school and institutional trust lands, as defined in Section 
53C-1-103
,
the director of the School and Institutional Trust Lands Administration, in accordance with
Sections 
53C-1-102
 and 
53C-1-303
.
(c) (i) Each recommendation under Subsection (2)(a)(viii) shall be uniform throughout
the conservation district or, if the board of supervisors classifies land under Subsection
(2)(c)(ii), throughout each land classification.
(ii) The board of supervisors may uniformly classify land within the conservation
district with respect to soil type, degree of slope, degree of threatened or existing erosion,
cropping and tillage practices in use, or other relevant factors.
(3) (a) Each conservation district shall annually submit to the commission, no later
than the date that the commission prescribes:
(i) a copy of the minutes of each conservation district meeting;
(ii) a copy of the conservation district's annual work plan; and
(iii) an accounting of the conservation district's financial affairs, as provided in
Subsection (3)(b).
(b) The accounting required under Subsection (3)(a)(iii) shall:
(i) be prepared by a disinterested person; and
(ii) show the conservation district's debits and credits, including accounts payable and
accounts receivable, the purpose of each debit, the source of each credit, and the actual cash
balance on hand.
Section 6. Section 
17D-3-105
 is amended to read:
17D-3-105.
Conservation districts subject to other provisions.
(1) [
A
] 
Subject to Subsection (3), a
 conservation district is, to the same extent as if it
were a local district, subject to and governed by:
(a) Sections 
17B-1-105
, 
17B-1-107
, 
17B-1-108
, 
17B-1-110
, 
17B-1-112
, 
17B-1-113
,
17B-1-116
, 
17B-1-121
, 
17B-1-307
, 
17B-1-311
, 
17B-1-313
, and 
17B-1-314
;
(b) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
(c) Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports;
(d) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
(e) Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
(2) For purposes of applying the provisions listed in Subsection (1) to a conservation
district, each reference in those provisions to the local district board of trustees means the
board of supervisors described in Section 
17D-3-301
.
(3) A conservation district may not exercise taxing authority.