Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 233 Third Substitute (2020GS)

Sponsor

Rep. Snider, C.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• enacts the Utah Natural Resources Legacy Fund Act, including:
• defining terms;
• addressing application to mineral estates;
• creating the Utah Natural Resources Legacy Fund;
• creating the Utah Natural Resources Legacy Fund Board; and
• outlining the uses of the legacy fund; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

NATURAL RESOURCES LEGACY FUNDING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
Daniel Hemmert
LONG TITLE
General Description:
This bill addresses natural resources related activities and the funding of those
activities.
Highlighted Provisions:
This bill:
▸ enacts the Utah Natural Resources Legacy Fund Act, including:
• defining terms;
• addressing application to mineral estates;
• creating the Utah Natural Resources Legacy Fund;
• creating the Utah Natural Resources Legacy Fund Board; and
• outlining the uses of the legacy fund; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
79-2-201
, as last amended by Laws of Utah 2017, Chapter 451
ENACTS:
23-31-101
, Utah Code Annotated 1953
23-31-102
, Utah Code Annotated 1953
23-31-103
, Utah Code Annotated 1953
23-31-104
, Utah Code Annotated 1953
23-31-201
, Utah Code Annotated 1953
23-31-202
, Utah Code Annotated 1953
23-31-203
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
23-31-101
 is enacted to read:
CHAPTER 31. UTAH NATURAL RESOURCES LEGACY FUND ACT
Part 1. General Provisions
 23-31-101.
Title.
This chapter is known as the "Utah Natural Resources Legacy Fund Act."
Section 2. Section 
23-31-102
 is enacted to read:
 23-31-102.
Definitions.
As used in this chapter:
(1) "Board" means the Utah Natural Resources Legacy Fund Board created in Section
23-31-202
.
(2) "Department" means the Department of Natural Resources.
(3) "Legacy fund" means the Utah Natural Resources Legacy Fund created in Section
23-31-201
.
Section 3. Section 
23-31-103
 is enacted to read:
 23-31-103.
Application to mineral estates.
This chapter does not change law regarding:
(1) the primacy of a mineral estate;
(2) limiting access to a mineral estate; or
(3) limiting development of a mineral estate.
Section 4. Section 
23-31-104
 is enacted to read:
 23-31-104.
Reporting.
The division shall annually report to the governor and the Natural Resources,
Agriculture, and Environment Interim Committee on or before September 1 with respect to:
(1) federal grants, state appropriations, and other contributions, grants, gifts, transfers,
bequests, and donations received and credited to the legacy fund during the preceding fiscal
year; and
(2) expenditures from the legacy fund under Section 
23-31-203
.
Section 5. Section 
23-31-201
 is enacted to read:
Part 2. Legacy Fund and Board
 23-31-201.
Utah Natural Resources Legacy Fund.
(1) There is created an expendable special revenue fund known as the "Utah Natural
Resources Legacy Fund."
(2) The legacy fund consists of:
(a) appropriations to the legacy fund by the Legislature;
(b) federal grants accepted by the department or a division of the department and
specifically directed to the legacy fund; and
(c) contributions, grants, gifts, transfers, bequests, and donations to the legacy fund
accepted by the department and specifically directed to the legacy fund.
(3) (a) The account shall earn interest.
(b) The interest described in Subsection (3)(a) shall be deposited into the account.
Section 6. Section 
23-31-202
 is enacted to read:
 23-31-202.
Utah Natural Resources Legacy Fund Board.
(1) Subject to Subsection (12), there is created within the department the Utah Natural
Resources Legacy Fund Board that consists of eight members as follows:
(a) the following voting members:
(i) two members representing the agriculture industry, appointed by the commissioner
of the Department of Agriculture and Food;
(ii) one member representing a non-government entity that has as a primary purpose
conserving non-game wildlife and habitat, appointed by the director of the Division of Wildlife
Resources;
(iii) one member representing hunting, fishing, and trapping interests in Utah,
appointed by the director of the Division of Wildlife Resources;
(iv) one member representing mineral extraction and development interests, appointed
by the director of the Division of Oil, Gas, and Mining;
(v) one member representing water development and distribution interests, appointed
by the executive director of the department; and
(vi) one at-large member, appointed by the executive director of the department; and
(b) the director of the division as a nonvoting member.
(2) A voting member of the board shall be appointed for a three-year term.
(3) Notwithstanding Subsection (2), terms of board members are staggered as follows
so that approximately one-third of the board is appointed every year:
(a) the initial individuals appointed under Subsections (1)(a)(i) and (ii) shall be
appointed for three-year terms;
(b) the initial individuals appointed under Subsections (1)(a)(iii) and (iv) shall be
appointed for two-year terms; and
(c) the initial individuals appointed under Subsections (1)(a)(v) and (vi) shall be
appointed for one-year terms.
(4) An individual may be appointed to more than one term.
(5) When a vacancy occurs in the membership for any reason, an individual shall be
appointed in accordance with Subsection (1) to replace the member for the unexpired term.
(6) The board shall elect one member to serve as chair of the board.
(7) The board shall meet regularly as called by the chair.
(8) Four voting members constitute a quorum.
(9) An action by the majority of voting members present when a quorum is present is
an action of the board.
(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
.
(11) The division shall staff the board.
(12) The board is not created and may not begin operation until the fund described in
Section 
23-31-201
 holds at least $200,000.
Section 7. Section 
23-31-203
 is enacted to read:
 23-31-203.
Uses of legacy fund.
(1) Each year, when the board creates a budget, the board shall allocate:
(a) 40% of the budget:
(i) for staff and expenses to administer the fund under this chapter;
(ii) to conduct research, monitoring, and management actions that benefit non-game
species; or
(iii) to otherwise reduce the likelihood of future species listings under the Endangered
Species Act, 16 U.S.C. Sec. 1531 et seq.; and
(b) 60% of the budget to fund the following projects that provide the following
landscape level conservation benefits:
(i) preserving open spaces, wildlife habitat, and critical agricultural lands;
(ii) providing perpetual access for hunting, fishing, or trapping;
(iii) addressing and mitigating impacts detrimental to wildlife habitat, the environment,
and the multiple use of renewable natural resources attributable to residential, mineral, and
industrial development; or
(iv) preserving a viable agricultural industry.
(2) (a) The board shall make recommendations to the division regarding expenditures
from the legacy fund for the purposes described in Subsection (1)(b).
(b) The division shall consider the board's recommendations in approving an
expenditure from the legacy fund under Subsection (1) and, if the division rejects the board's
recommendation, the director of the division shall provide the board with a written explanation
of the reason for the rejection.
(3) In performing the actions described in Subsection (1)(b), the division shall comply
with the requirements described in Section 
23-21-1.5
.
(4) This section does not give the division the power of eminent domain.
(5) The division may not use assets from the legacy fund for litigation.
(6) Money in the legacy fund may not be used to develop or implement a habitat
conservation plan required under federal law unless the federal government pays for at least
one-third of the habitat conservation plan costs.
Section 8. Section 
79-2-201
 is amended to read:
79-2-201.
Department of Natural Resources created.
(1) There is created the Department of Natural Resources.
(2) The department comprises the following:
(a) Board of Water Resources, created in Section 
73-10-1.5
;
(b) Board of Oil, Gas, and Mining, created in Section 
40-6-4
;
(c) Board of Parks and Recreation, created in Section 
79-4-301
;
(d) Wildlife Board, created in Section 
23-14-2
;
(e) Board of the Utah Geological Survey, created in Section 
79-3-301
;
(f) Water Development Coordinating Council, created in Section 
73-10c-3
;
(g) Division of Water Rights, created in Section 
73-2-1.1
;
(h) Division of Water Resources, created in Section 
73-10-18
;
(i) Division of Forestry, Fire, and State Lands, created in Section 
65A-1-4
;
(j) Division of Oil, Gas, and Mining, created in Section 
40-6-15
;
(k) Division of Parks and Recreation, created in Section 
79-4-201
;
(l) Division of Wildlife Resources, created in Section 
23-14-1
;
(m) Utah Geological Survey, created in Section 
79-3-201
;
(n) Heritage Trees Advisory Committee, created in Section 
65A-8-306
;
(o) Recreational Trails Advisory Council, authorized by Section 
79-5-201
;
(p) Boating Advisory Council, authorized by Section 
73-18-3.5
;
(q) Wildlife Board Nominating Committee, created in Section 
23-14-2.5
; [
and
]
(r) Wildlife Regional Advisory Councils, created in Section 
23-14-2.6
[
.
]
; and
(s) Utah Natural Resources Legacy Fund Board, created in Section 
23-31-202
.
Section 9. 
Effective date.
This bill takes effect on July 1, 2020.