Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 240 Second Substitute (2022GS)

Sponsor

Rep. Stratton, K.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the authority given to the Division of Forestry, Fire, and State Lands, with respect to the disposal of Utah Lake land in exchange for the comprehensive restoration of Utah Lake under a restoration proposal, from authority to dispose of land to authority to make a recommendation for the disposal of the land;
• requires the approval of the Legislature and governor for the disposal of Utah Lake land in exchange for the comprehensive restoration of Utah Lake under a restoration proposal; and
• requires the division to prepare recommendations on objectives of the Utah Lake restoration and report those recommendations to the Natural Resources, Agriculture, and Environment Interim Committee.

Every vote on this bill

Bill text

UTAH LAKE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
Curtis S. Bramble
Cosponsors:
Nelson T. Abbott
Gay Lynn Bennion
Joel K. Briscoe
Jefferson S. Burton
Kay J. Christofferson
Marsha Judkins
Rosemary T. Lesser
Jefferson Moss
Doug Owens
Val L. Peterson
Norman K. Thurston
Stephen L. Whyte
LONG TITLE
General Description:
This bill modifies provisions of the Utah Lake Restoration Act.
Highlighted Provisions:
This bill:
▸ modifies the authority given to the Division of Forestry, Fire, and State Lands, with
respect to the disposal of Utah Lake land in exchange for the comprehensive
restoration of Utah Lake under a restoration proposal, from authority to dispose of
land to authority to make a recommendation for the disposal of the land;
▸ requires the approval of the Legislature and governor for the disposal of Utah Lake
land in exchange for the comprehensive restoration of Utah Lake under a restoration
proposal; and
▸ requires the division to prepare recommendations on objectives of the Utah Lake
restoration and report those recommendations to the Natural Resources, Agriculture,
and Environment Interim Committee.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
65A-15-201
, as enacted by Laws of Utah 2018, Chapter 381
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
65A-15-201
 is amended to read:
65A-15-201.
Division recommendation on disposal of state land in exchange for
Utah Lake restoration project -- Approval of Legislature and governor required --
Criteria -- Division recommendations for defining and meeting objectives.
(1) 
(a)
 [
Subject to the approval of the Legislative Management Committee, the
] 
The
division may [
dispose
] 
recommend the disposal
 of appropriately available state land in and
around Utah Lake as compensation for the comprehensive restoration of Utah Lake under a
restoration proposal if the division finds that the restoration project will 
enhance the following
public benefits
:
[
(a)
] 
(i)
 [
restore
] 
restoring
 the clarity and quality of the water in Utah Lake;
[
(b)
] 
(ii)
 [
conserve
] 
conserving
 water resources in and around Utah Lake;
[
(c)
] 
(iii)
 [
preserve
] 
preserving
 the water storage and water supply functions of Utah
Lake;
[
(d)
] 
(iv)
 [
remove
] 
removing
 invasive plant and animal species, including phragmites
and carp, from Utah Lake;
[
(e)
] 
(v)
 [
restore
] 
restoring
 littoral zone and other plant communities in and around
Utah Lake;
[
(f)
] 
(vi)
 [
restore
] 
restoring
 and [
conserve
] 
conserving
 native fish and other aquatic
species in Utah Lake, including Bonneville cutthroat trout and June Sucker;
[
(g)
] 
(vii)
 [
increase
] 
increasing
 the suitability of Utah Lake and its surrounding areas
for shore birds, waterfowl, and other avian species;
[
(h)
] 
(viii)
 [
improve
] 
improving
 navigability of Utah Lake;
[
(i)
] 
(ix)
 [
maximize, enhance, and ensure
] 
maximizing, enhancing, and ensuring
recreational access and opportunities on Utah Lake;
[
(j)
] 
(x)
 [
preserve
] 
preserving
 current water rights related to water associated with Utah
Lake; [
and
]
[
(k)
] 
(xi)
 otherwise [
improve
] 
improving
 the use of Utah Lake for residents and
visitors[
.
]
;
(xii) substantially accommodating an existing use on land in or around Utah Lake; and
(xiii) providing any other benefits identified by the division.
(b) If the division chooses to make a recommendation under Subsection (1)(a), the
division shall make the recommendation in writing to the Legislature and governor.
(2) In determining whether to [
dispose
] 
recommend the disposal
 of state land in
exchange for the execution of a restoration project, as provided in Subsection (1)
(a)
 and
pursuant to a restoration proposal, the division shall consider:
(a) the potential that the restoration project presents for additional revenue to state and
local government entities;
(b) the ability of the proposed use of the state land given in exchange for the restoration
project to enhance state property adjacent to Utah Lake;
(c) the proposed timetable for completion of the restoration project;
(d) the ability of the person who submits a restoration project to execute and complete
the restoration project satisfactorily; and
(e) the desirability of the proposed use of Utah Lake and the surrounding areas as a
result of the restoration project.
(3) The Legislature and governor may, through the adoption of a concurrent resolution,
authorize the disposal of state land in and around Utah Lake as compensation for the
comprehensive restoration of Utah Lake under a restoration proposal if:
(a) the division recommends the disposal as provided in Subsection (1); and
(b) the Legislature and governor make a determination, in a concurrent resolution
adopted under this Subsection (3), that:
(i) the restoration project will accomplish the objectives listed in Subsection (1)(a); and
(ii) the disposal is:
(A) a fiscally sound and fair method of providing for the comprehensive restoration of
Utah Lake; and
(B) constitutionally sound and legal.
(4) In support of the required permitting application for a restoration project, the
division shall:
(a) prepare recommendations for standards, criteria, and thresholds to define more
specifically the objectives listed in Subsections (1)(a) and (3)(b)(ii) and how and when those
objectives are to be met;
(b) report on the division's efforts under Subsection (4)(a) to the Natural Resources,
Agriculture, and Environment Interim Committee, as requested by the committee chairs; and
(c) upon completion of recommendations under Subsection (4)(a), present the
recommendations to the Natural Resources, Agriculture, and Environment Interim Committee.