Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 172 (2022GS)

Sponsor

Rep. Brammer, B.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• repeals the advisory committee and related provisions;
• clarifies reporting;
• authorizes the Public Lands Policy Coordinating Office to take action related to the filing and processing of federal land applications;
• permits agreements with the Secretary of the Interior; and
• makes technical changes.

Every vote on this bill

Bill text

FEDERAL LAND DISPOSAL LAW AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill amends provisions related to the Public Lands Policy Coordinating Office's
activities related to federal land disposal laws. 
Highlighted Provisions:
This bill:
▸ repeals the advisory committee and related provisions;
▸ clarifies reporting;
▸ authorizes the Public Lands Policy Coordinating Office to take action related to the
filing and processing of federal land applications;
▸ permits agreements with the Secretary of the Interior; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-263
, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
of Utah 2021, Chapter 382
63L-11-305
, as last amended by Laws of Utah 2021, Chapter 280 and renumbered and
amended by Laws of Utah 2021, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
(a) Section 
63A-16-102
 is repealed;
(b) Section 
63A-16-201
 is repealed; and
(c) Section 
63A-16-202
 is repealed.
(2) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(3) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(4) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
(5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
(8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2023.
(9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
July 1, 2023.
(10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
repealed July 1, 2026.
(11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
July 1, 2025.
(12) Section 
63G-6a-805
, which creates the Purchasing from Persons with Disabilities
Advisory Board, is repealed July 1, 2026.
(13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2025.
(14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2024.
(15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(16) Subsection 
63J-1-602.1
(17), Nurse Home Visiting Restricted Account is repealed
July 1, 2026.
(17) (a) Subsection 
63J-1-602.1
(61), relating to the Utah Statewide Radio System
Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
(61), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(18) Subsection 
63J-1-602.2
(5), referring to dedicated credits to the Utah Marriage
Commission, is repealed July 1, 2023.
(19) Subsection 
63J-1-602.2
(6), referring to the Trip Reduction Program, is repealed
July 1, 2022.
(20) Subsection 
63J-1-602.2
(24), related to the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
repealed July 1, 2027.
[
(22) In relation to the advisory committee created in Subsection 
63L-11-305
(3), on
July 1, 2022:
]
[
(a) Subsection 
63L-11-305
(1)(a), which defines "advisory committee," is repealed;
and
]
[
(b) Subsection 
63L-11-305
(3), which creates the advisory committee, is repealed.
]
[
(23)
] 
(22)
 In relation to the Utah Substance Use and Mental Health Advisory Council,
on January 1, 2023:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-104
 and related provisions in
Subsections 
77-18-103
(2)(c) and (d).".
[
(24)
] 
(23)
 The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
[
(25)
] 
(24)
 Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed
July 1, 2022.
[
(26)
] 
(25)
 Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2026.
[
(27)
] 
(26)
 Title 63N, Chapter 1, Part 5, Governor's Economic Development
Coordinating Council, is repealed July 1, 2024.
[
(28)
] 
(27)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
[
(29)
] 
(28)
 Section 
63N-2-512
, related to the Hotel Impact Mitigation Fund, is repealed
July 1, 2028.
[
(30)
] 
(29)
 (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection [
(30)
] 
(29)
(b), an entity may carry forward a tax credit
in accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
[
(31)
] 
(30)
 Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
repealed July 1, 2023.
[
(32)
] 
(31)
 Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed
July 1, 2025.
[
(33)
] 
(32)
 Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
Program, is repealed January 1, 2028.
Section 2. Section 
63L-11-305
 is amended to read:
63L-11-305.
Facilitating the acquisition of federal land.
(1) As used in this section:
[
(a) "Advisory committee" means the committee established under Subsection (3).
]
[
(b)
] 
(a)
 "Federal land" means land that the secretary is authorized to dispose of under
the federal land disposal law.
[
(c)
] 
(b)
 "Federal land disposal law" means the Recreation and Public Purposes Act, 43
U.S.C. Sec. 869 et seq.
[
(d)
] 
(c)
 "Government entity" means any state or local government entity allowed to
submit a land application under the federal land disposal law.
[
(e)
] 
(d)
 "Land application" means an application under the federal land disposal law
requesting the secretary to sell or lease federal land.
[
(f)
] 
(e)
 "Land application process" means [
all
] 
the
 actions involved in the process of
submitting and obtaining a final decision on a land application.
[
(g)
] 
(f)
 "Secretary" means the Secretary of the Interior of the United States.
(2) The office shall:
(a) develop expertise:
(i) in the land application process; and
(ii) concerning the factors that tend to increase the chances that a land application will
result in the secretary selling or leasing federal land as requested in the land application;
(b) work to educate government entities concerning:
(i) the availability of federal land pursuant to the federal land disposal law; and
(ii) the land application process;
(c) advise and consult with a government entity that requests assistance from the office
to formulate and submit a land application and to pursue a decision on the land application;
(d) advise and consult with a government entity that requests assistance from the office
to identify and quantify the amount of any funds needed to provide the public use described in
a land application;
[
(e) with the advice and recommendations of the advisory committee:
]
[
(i)
] 
(e)
 adopt a list of factors to be considered in determining the degree to which a
land application or potential land application is in the public interest; [
and
]
[
(ii)
] 
(f)
 recommend a prioritization of [
all
] land applications or potential land
applications in the state according to the extent to which the land applications are in the public
interest, based on the factors adopted under Subsection (2)(e)[
(i)
];
[
(f)
] 
(g)
 prepare and submit a written report of land applications:
(i) to the Natural Resources, Agriculture, and Environment Interim Committee and the
Federalism Commission;
(ii) (A) annually no later than August 31; and
(B) at other times, if and as requested by the committee or commission; and
(iii) (A) on the activities of the office under this section;
(B) on the land applications and potential land applications in the state; [
and
]
(C) on the decisions of the secretary on land applications submitted by government
entities in the state
;
 and
(D)
 the quantity of land acquired under the land applications;
[
(g)
] 
(h)
 present a summary of information contained in the report described in
Subsection (2)[
(f)
]
(g)
:
(i) at a meeting of the Natural Resources, Agriculture, and Environment Interim
Committee and at a meeting of the Federalism Commission;
(ii) annually no later than August 31; and
(iii) at other times, if and as requested by the committee or commission; and
[
(h)
] 
(i)
 report to the Executive Appropriations Committee of the Legislature, as
frequently as the executive director considers appropriate or as requested by the [
committee
]
Executive Appropriations Committee
, on the need for legislative appropriations to provide
funds for the public purposes described in land applications.
[
(3) (a) There is created an advisory committee comprised of:
]
[
(i) an individual designated by the chairs of the Federalism Commission;
]
[
(ii) an individual designated by the director of the Division of Facilities Construction
and Management;
]
[
(iii) a representative of the Antiquities Section, created in Section 
9-8-304
, designated
by the director of the Division of State History;
]
[
(iv) a representative of municipalities designated by the Utah League of Cities and
Towns;
]
[
(v) a representative of counties designated by the Utah Association of Counties;
]
[
(vi) an individual designated by the Governor's Office of Economic Opportunity; and
]
[
(vii) an individual designated by the director of the Division of State Parks, created in
Section 
79-4-201
.
]
[
(b) The seven members of the advisory committee under Subsection (3)(a) may, by
majority vote, appoint up to four additional volunteer members of the advisory committee.
]
[
(c) The advisory committee shall advise and provide recommendations to the office
on:
]
[
(i) factors the office should consider in determining the degree to which a land
application or potential land application is in the public interest; and
]
[
(ii) the prioritization of land applications or potential land applications in the state
according to the extent to which the land applications are in the public interest, based on the
factors adopted under Subsection (2)(e)(i).
]
[
(d) A member of the advisory committee may not receive compensation, benefits, or
expense reimbursement for the member's service on the advisory committee.
]
[
(e) The advisory committee may:
]
[
(i) select a chair from among the advisory committee members; and
]
[
(ii) meet as often as necessary to perform the advisory committee's duties under this
section.
]
[
(f) The executive director shall facilitate the convening of the first meeting of the
advisory committee.
]
(3) The office may:
(a) assist a government entity or the secretary in the filing and processing of a land
application; and
(b) enter into an agreement with the secretary related to the office assisting in
processing a land application.