Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 410 (2022GS)

Sponsor

Rep. Wilson, B.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• addresses the duties of the Division of Forestry, Fire, and State Lands related to the Great Salt Lake;
• defines terms;
• authorizes rulemaking;
• establishes the program;
• provides for oversight by the Division of Forestry, Fire, and State Lands;
• imposes requirements on the grantee;
• provides for the creation, powers, and duties of the water trust; and
• makes technical changes.

Every vote on this bill

Bill text

GREAT SALT LAKE WATERSHED ENHANCEMENT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad R. Wilson
Senate Sponsor: 
Evan J. Vickers
Cosponsors:
Nelson T. Abbott
Cheryl K. Acton
Carl R. Albrecht
Melissa G. Ballard
Stewart E. Barlow
Gay Lynn Bennion
Kera Birkeland
Brady Brammer
Joel K. Briscoe
Walt Brooks
Jefferson S. Burton
Scott H. Chew
Kay J. Christofferson
Clare Collard
Jennifer Dailey-Provost
James A. Dunnigan
Steve Eliason
Joel Ferry
Matthew H. Gwynn
Stephen G. Handy
Suzanne Harrison
Timothy D. Hawkes
Jon Hawkins
Sandra Hollins
Ken Ivory
Dan N. Johnson
Marsha Judkins
Brian S. King
Michael L. Kohler
Karen Kwan
Bradley G. Last
Rosemary T. Lesser
Karianne Lisonbee
Steven J. Lund
A. Cory Maloy
Ashlee Matthews
Kelly B. Miles
Carol Spackman Moss
Jefferson Moss
Calvin R. Musselman
Merrill F. Nelson
Doug Owens
Michael J. Petersen
Karen M. Peterson
Val L. Peterson
Candice B. Pierucci
Stephanie Pitcher
Susan Pulsipher
Adam Robertson
Judy Weeks Rohner
Angela Romero
Douglas V. Sagers
Mike Schultz
Travis M. Seegmiller
Rex P. Shipp
Casey Snider
V. Lowry Snow
Robert M. Spendlove
Jeffrey D. Stenquist
Andrew Stoddard
Keven J. Stratton
Mark A. Strong
Jordan D. Teuscher
Norman K. Thurston
Steve Waldrip
Raymond P. Ward
Christine F. Watkins
Elizabeth Weight
Douglas R. Welton
Mark A. Wheatley
Stephen L. Whyte
Ryan D. Wilcox
Mike Winder
LONG TITLE
General Description:
This bill enacts the Great Salt Lake Watershed Enhancement Program.
Highlighted Provisions:
This bill:
▸ addresses the duties of the Division of Forestry, Fire, and State Lands related to the
Great Salt Lake;
▸ defines terms;
▸ authorizes rulemaking;
▸ establishes the program;
▸ provides for oversight by the Division of Forestry, Fire, and State Lands;
▸ imposes requirements on the grantee;
▸ provides for the creation, powers, and duties of the water trust; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2022:
▸ to the Department of Natural Resources -- Forestry, Fire, and State Lands, as a
one-time appropriation:
• from General Fund, $40,000,000.
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
65A-10-8
, as enacted by Laws of Utah 1988, Chapter 121
ENACTS:
65A-16-101
, Utah Code Annotated 1953
65A-16-102
, Utah Code Annotated 1953
65A-16-201
, Utah Code Annotated 1953
65A-16-202
, Utah Code Annotated 1953
65A-16-203
, Utah Code Annotated 1953
65A-16-301
, Utah Code Annotated 1953
Utah Code Sections Affected by Revisor Instructions:
65A-16-201
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
65A-10-8
 is amended to read:
65A-10-8.
Great Salt Lake -- Management responsibilities of the division.
The division has the following powers and duties:
(1) [
Prepare
] 
The division shall prepare
 and maintain a comprehensive plan for the
[
lake which
] 
Great Salt Lake that
 recognizes the following policies:
(a) develop strategies to deal with a fluctuating lake level;
(b) encourage development of the [
lake
] 
Great Salt Lake
 in a manner [
which
] 
that
 will
preserve the [
lake
] 
Great Salt Lake
, encourage availability of brines to lake extraction
industries, protect wildlife, and protect recreational facilities;
(c) maintain the [
lake's
] 
Great Salt Lake's
 flood plain as a hazard zone;
(d) promote water quality management for the [
lake
] 
Great Salt Lake
 and [
its
] 
the
Great Salt Lake's
 tributary streams;
(e) promote the development of lake brines, minerals, chemicals, and petro-chemicals
to aid the state's economy;
(f) encourage the use of appropriate areas for extraction of brine, minerals, chemicals,
and petro-chemicals;
(g) maintain the [
lake
] 
Great Salt Lake
 and the marshes as important to [
the
]
shorebirds,
 waterfowl
, and other waterbird
 flyway system;
(h) encourage the development of an integrated industrial complex;
(i) promote and maintain recreation areas on and surrounding the [
lake
] 
Great Salt
Lake
;
(j) encourage safe boating use of the [
lake
] 
Great Salt Lake
;
(k) maintain and protect state, federal, and private marshlands, rookeries, and wildlife
refuges; 
and
(l) provide public access to the [
lake
] 
Great Salt Lake
 for recreation, hunting, and
fishing.
(2) [
Employ
] 
The division may employ
 personnel and purchase equipment and supplies
[
which
] 
that
 the Legislature authorizes through appropriations for the purposes of this chapter.
(3) [
Initiate
] 
The division may initiate
 studies of the [
lake
] 
Great Salt Lake
 and [
its
] 
the
Great Salt Lake's
 related resources.
(4) [
Publish
] 
The division may publish
 scientific and technical information concerning
the [
lake
] 
Great Salt Lake
.
(5) [
Define
] 
The division shall define
 the [
lake's
] 
Great Salt Lake's
 flood plain.
(6) [
Qualify
] 
The division may qualify
 for, accept, and administer grants, gifts, or other
funds from the federal government and other sources, for carrying out any functions under this
chapter.
(7) [
Determine
] 
The division shall determine
 the need for public works and utilities for
the lake area.
(8) [
Implement
] 
The division may implement
 the comprehensive plan 
described in
Subsection (1)
 through state and local entities or agencies.
(9) [
Coordinate
] 
The division shall coordinate
 the activities of the various divisions
within the Department of Natural Resources with respect to the [
lake
] 
Great Salt Lake
.
(10) [
Perform
] 
The division may perform
 all other acts reasonably necessary to carry
out the purposes and provisions of this chapter.
(11) [
Retain
] 
The division shall retain
 and encourage the continued activity of the
Great Salt Lake technical team.
(12) The division shall administer Chapter 16, Great Salt Lake Watershed
Enhancement Program.
Section 2. Section 
65A-16-101
 is enacted to read:
CHAPTER 16. GREAT SALT LAKE WATERSHED ENHANCEMENT 
PROGRAM
Part 1. General Provisions
 65A-16-101.
Definitions.
As used in this chapter:
(1) "Conservation organization" means an institution, corporation, foundation, or
association that is:
(a) private;
(b) nonprofit; and
(c) founded for the purpose of promoting conservation of natural resources.
(2) "Council" means the Great Salt Lake Advisory Council created in Section
73-30-201
.
(3) "Division" means the Division of Forestry, Fire, and State Lands.
(4) "Eligible applicant" means two or more conservation organizations that submit a
joint grant application to the division under Section 
65A-16-201
 and meet the criteria listed in
Subsection 
65A-16-201
(3)(a).
(5) "Grant money" means money the division awards to an eligible applicant pursuant
to this chapter.
(6) "Grantee" means an eligible applicant that receives a grant authorized under this
chapter.
(7) "Great Salt Lake watershed" means the area comprised of the Great Salt Lake, the
Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River
watershed, and the West Desert watershed.
(8) "Program" means the Great Salt Lake Watershed Enhancement Program created
under Section 
65A-16-201
.
Section 3. Section 
65A-16-102
 is enacted to read:
 65A-16-102.
Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
Subsection 
65A-16-201
(5)(c), the division may make rules to administer the program in
accordance with this chapter.
Section 4. Section 
65A-16-201
 is enacted to read:
Part 2. Program Established
 65A-16-201.
Great Salt Lake Watershed Enhancement Program established.
(1) There is created the "Great Salt Lake Watershed Enhancement Program" to issue
grant money to establish a water trust to implement projects, programs, or voluntary
arrangements that:
(a) retain or enhance water flows to:
(i) sustain the Great Salt Lake and the Great Salt Lake's wetlands; and
(ii) improve water quality and quantity for the Great Salt Lake within the Great Salt
Lake watershed;
(b) conserve and restore upstream habitats that are key to protecting the hydrology and
health of the Great Salt Lake and the Great Salt Lake's surrounding ecosystem;
(c) attract or leverage other public or private funding to enhance and preserve the Great
Salt Lake watershed;
(d) engage agricultural producers, local landowners, local planning authorities, and
others to support the Great Salt Lake;
(e) support or benefit the Great Salt Lake's natural infrastructure;
(f) protect and restore uplands, wetlands, and habitats in the Great Salt Lake watershed
that benefit hydrologic or ecosystem functions of the Great Salt Lake;
(g) support efforts to integrate water planning and management efforts that benefit the
Great Salt Lake watershed;
(h) undertake assessments or studies as necessary, consistent with the goals of this
Subsection (1);
(i) support projects or programs to respond to low water levels and rising salinity in the
Great Salt Lake;
(j) require the creation and operation of one or more endowments to sustain the water
trust and fulfill the purposes of this chapter; or
(k) otherwise fulfill the purposes of this Subsection (1) to enhance, preserve, or protect
the Great Salt Lake.
(2) (a) Subject to legislative appropriations, the division shall award a one-time grant
to one eligible applicant to establish a water trust authorized under this section.
(b) The amount of the one-time grant under this Subsection (2) shall be equal to the
entire appropriation made to the division to implement this chapter.
(c) Notwithstanding the requirements for the division issuing a one-time grant under
this section, after the grant is issued, the division may receive additional appropriations to be
used for the purposes of this chapter, including providing money to the water trust created
under this chapter.
(3) To be considered for the one-time grant under Subsection (2), an eligible applicant
shall submit a written application to the division within 60 days of the effective date of this bill
that:
(a) demonstrates that the eligible applicant meets the following criteria that are
necessary to submit a written application, that the eligible applicant:
(i) has offices and staff located in Utah; and
(ii) individually or collectively possesses:
(A) a history and ability to attract private funding to implement water and land
conservation projects;
(B) knowledge and experience with the Great Salt Lake and the Great Salt Lake
watershed;
(C) knowledge and experience managing wetlands in the vicinity of the Great Salt
Lake;
(D) knowledge and experience in the creation of three or more water trusts or water
funds;
(E) knowledge and experience in securing approval from the Division of Water Rights
for water right applications that support the beneficial use of water in the Great Salt Lake;
(F) knowledge and experience with Utah water laws; and
(G) participation in the development of studies and reports on the Great Salt Lake and
Utah water policy;
(b) how the applicant will accomplish the objectives of Subsection (1);
(c) how the applicant will satisfy Part 3, Water Trust; and
(d) a description of the types of money, in-kind contributions, and other resources the
applicant could contribute or attract to support the creation, operation, and administration of a
water trust.
(4) The division, in consultation with the council and the director of the Division of
Water Quality, shall evaluate and rank the applications received under Subsection (3)
according to each eligible applicant's experience and demonstrated ability to:
(a) attract and secure public and private funding to implement water and land
conservation projects;
(b) address water quality and hydrology issues of the Great Salt Lake and within the
Great Salt Lake watershed;
(c) create and operate water trusts;
(d) secure approval from the Division of Water Rights for water right applications that
support beneficial use of water in the Great Salt Lake;
(e) understand, use, and work to improve Utah water laws in a manner that benefits the
Great Salt Lake watershed while protecting other beneficial uses of water; and
(f) participate in collaborative efforts to develop strategies and recommendations to
ensure adequate water for the Great Salt Lake and the Great Salt Lake watershed.
(5) (a) Within 90 days of the effective date of this bill, the division shall select the
highest ranking eligible applicant as the grantee.
(b) The division shall distribute the appropriated money to the grantee as soon as
reasonably practicable following the execution of an agreement or agreements that satisfy the
requirements of Subsections 
51-2a-201.5
(4) and 
63J-1-220
(2).
(c) The division shall issue the grant within the time period required under this
Subsection (5) notwithstanding whether the division has adopted rules to administer the
program under Section 
65A-16-102
.
(6) If the division does not receive an application from an eligible applicant that
satisfies each of the evaluation criteria of Subsection (4), the division shall issue a request for
proposals under a competitive award process and shall select the most qualified applicant to
receive the grant.
Section 5. Section 
65A-16-202
 is enacted to read:
 65A-16-202.
Oversight.
(1) The division shall oversee whether a grantee and the water trust that the grantee
establishes comply with this chapter.
(2) (a) The division, in consultation with the council and the Division of Water
Quality, shall establish by rule made in accordance with Section 
65A-16-102
, interventions for
a grantee or water trust that fails to comply with this chapter.
(b) The rules establishing interventions under Subsection (2)(a) shall include, among
other actions, requiring the grantee or water trust to return unexpended grant money to the
division for failure to comply with this chapter.
(3) This section may not be construed as limiting the state auditor's enforcement
authority under Section 
51-2a-201.5
.
Section 6. Section 
65A-16-203
 is enacted to read:
 65A-16-203.
Grantee requirements.
A grantee that receives grant money under this chapter shall:
(1) comply with Section 
51-2a-201.5
, Subsection 
63J-1-220
(2), and other applicable
laws, regulations, ordinances, or rules; and
(2) use grant money to carry out the objectives of Subsection 
65A-16-201
(1) and to
operate the water trust in a manner required by Section 
65A-16-301
, provided that this chapter
may not be construed as limiting the grantee's ability to obtain funding from other public and
private sources to assist in the establishment, operation, and administration of the water trust.
Section 7. Section 
65A-16-301
 is enacted to read:
Part 3. Water Trust
 65A-16-301.
Water trust -- Powers and duties -- Advisory councils.
(1) The grantee under this chapter shall establish a water trust that:
(a) is organized:
(i) as a private nonprofit organization; or
(ii) as an agreement between two or more conservation organizations; and
(b) complies with this section.
(2) A water trust created under this section shall:
(a) use a fiduciary to hold and administer grant money appropriated under this chapter;
(b) subject to Subsection (6):
(i) register with the lieutenant governor as a limited purpose entity pursuant to Section
51-2a-201.5
;
(ii) file with the state auditor on or before June 30 of each year the accounting report
that:
 (A) satisfies Subsection 
51-2a-201.5
(2);
(B) includes an itemized accounting of the in-kind contributions and other monetary
contributions described in Subsection (4); and
(C) includes an itemized accounting of the costs incurred under Subsection (3)(a);
(iii) provide a copy of the accounting report described in Subsection (2)(b)(ii) to:
(A) the division;
(B) the Division of Water Quality;
(C) the council; and
(D) the Natural Resources, Agriculture, and Environment Quality Appropriations
Subcommittee;
(iv) file with the division on or before January 31 of each year a report that satisfies the
requirements of Subsections 
51-2a-201.5
(4) and 
63J-1-220
(2); and
(v) provide a copy of the report described in Subsection (2)(b)(iv) to:
(A) the Division of Water Quality;
(B) the council; and
(C) the Natural Resources, Agriculture, and Environment Quality Appropriations
Subcommittee; and
(c) comply with applicable laws, regulations, ordinances, and rules.
(3) A water trust established by a grantee under this section:
(a) may use grant money for costs to establish, operate, or administer the water trust,
including the hiring of staff or contractors;
(b) shall use no less than 25% of the grant money to protect and restore wetlands and
habitats in the Great Salt Lake's surrounding ecosystem to benefit the hydrology of the Great
Salt Lake; and
(c) may invest grant money the water trust receives under this chapter or any private
money the water trust may receive, except that the water trust shall:
(i) invest and account for grant money and private money separately; and
(ii) use the earnings received from the investment of grant money to carry out the
purposes described in Subsection 
65A-16-201
(1).
(4) The water trust shall provide a significant match of in-kind contributions or other
monetary contributions to support the water trust's operations and for the purposes described in
Subsection 
65A-16-201
(1).
(5) (a) A water trust established under this section shall create and consult with one or
more advisory councils on matters related to the mission and objectives of the water trust.
(b) At least one of the advisory councils shall consist of nine members with a
representative from the following:
(i) agriculture;
(ii) a private land owner adjacent to the Great Salt Lake;
(iii) a conservation organization dedicated to the preservation of migratory waterfowl;
(iv) a conservation organization dedicated to the protection of non-game avian species;
(v) another conservation organization working on Great Salt Lake issues;
(vi) aquaculture;
(vii) mineral extraction;
(viii) a water conservancy district; and
(ix) wastewater treatment facilities.
(6) The duties of the water trust under Subsection (2)(b) apply to the water trust
notwithstanding whether the holdings, revenues, or expenditures of the water trust include
grant money or other money from the state.
Section 8. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Natural Resources -- Forestry, Fire, and State Lands
From General Fund, One-time
$40,000,000
Schedule of Programs:
Project Management $40,000,000
The Legislature intends that:
(1) the Division of Forestry, Fire, and State Lands uses this one-time appropriation to
issue a grant under Title 65A, Chapter 16, Great Salt Lake Watershed Enhancement Program,
enacted by this bill;
(2) the appropriation be nonlapsing; and
(3) the appropriation only be used for the purposes of Title 65A, Chapter 16, Great Salt
Lake Watershed Enhancement Program.
Section 9. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 10. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace the reference in Subsections
65A-16-201
(3) and (5) from "the effective date of this bill" to the bill's actual effective date.