Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 187 (2025GS)

Sponsor

Sen. Stevenson, Jerry W.

Final action

Senate/ to Governor 3/17/2025

Outcome

Senate/ to Governor

Summary

What it does

• This bill:
• modifies the definition of a throughput infrastructure project;
• modifies the Permanent Community Impact Fund Board's authority related to the Throughput Infrastructure Fund;
• provides for an award of a loan or grant from the Throughput Infrastructure Fund for certain mining activity; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

20
35A-8-308
63N-3-105
Critical Minerals Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jerry W. Stevenson
House Sponsor: 
LONG TITLE
General Description:
This bill addresses financial assistance for mining of critical minerals.
Highlighted Provisions:
This bill:
provides for the Legislature appropriating money from the Throughput Infrastructure 
Fund;
addresses the provision of financial assistance to an industry within mining; and
makes technical and conforming amendments.
Money Appropriated in this Bill:
This bill appropriates 
$11,000,000
 in restricted fund and account transfers for fiscal year 
2025, all of which is from the various sources as detailed in this bill.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
35A-8-308
, (Effective upon governor's approval) as last amended by Laws of Utah 2021, 
Chapter 367
63N-3-105
, (Effective upon governor's approval) as last amended by Laws of Utah 2024, 
Chapter 159
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
35A-8-308
 is amended to read:
35A-8-308 (Effective upon governor's approval). Throughput Infrastructure 
Fund.
(1)
There is created an enterprise fund known as the 
"
Throughput Infrastructure Fund.
"
(2)
The fund consists of money generated from the following revenue sources:
(a)
all 
amounts transferred to the fund by statute;
(b)
any voluntary contributions received;
(c)
appropriations made to the fund by the Legislature; and
(d)
all amounts received from the repayment of loans made by the impact board under 
Section 
35A-8-309
.
(3)
The state treasurer shall:
(a)
invest the money in the fund by following the procedures and requirements of 
Title 
51, Chapter 7, State Money Management Act
; and
(b)
deposit 
all
the
 interest or other earnings derived from those investments into the 
fund.
(4)
The Legislature may appropriate money from the fund to the Industrial Assistance 
Account, created in Section 
63N-3-103
, to provide for financial assistance under 
Subsection 
63N-3-105(5)
 to an entity that offers an economic opportunity in a 
community that is socially or economically impacted by the leasing of minerals under 
the Leasing Act.
Section 2, Section 
63N-3-105
 is amended to read:
63N-3-105 (Effective upon governor's approval). Qualification for assistance -- 
Application requirements.
(1)
Subject to the requirements of this part, the administrator may provide loans, grants, or 
other financial assistance from the restricted account to an entity offering an economic 
opportunity if that entity:
(a)
applies to the administrator in a form approved by the administrator; and
(b)
meets the qualifications of Subsection (2).
(2)
As part of an application for receiving financial assistance under this part, an applicant 
shall demonstrate the following to the satisfaction of the administrator:
(a)
the nature of the economic opportunity and the related benefit to the economic 
well-being of the state by providing evidence documenting the expenditure of money 
necessitated by the economic opportunity;
(b)
how the economic opportunity will act in concert with other state, federal, or local 
agencies to achieve the economic benefit;
(c)
that the applicant will expend funds in the state with employees, vendors, 
subcontractors, or other businesses in an amount proportional with money provided 
from the restricted account at a minimum ratio of one to one per year or other more 
stringent requirements as established on a per project basis by the administrator;
(d)
for an application for a loan, the applicant's ability to sustain economic activity in the 
state sufficient to repay, by means of cash or appropriate credits, the loan provided by 
the restricted account; and
(e)
any other criteria the administrator considers appropriate.
(3)
(a)
The administrator may exempt an applicant from any of the requirements of 
Subsection (2) if:
(i)
the applicant is part of a targeted industry; or
(ii)
the applicant is a quasi-public corporation organized under Title 16, Chapter 6a, 
Utah Revised Nonprofit Corporation Act, or Title 63E, Chapter 2, Independent 
Corporations Act, and the applicant's operations, as demonstrated to the 
satisfaction of the administrator, will provide significant economic stimulus to the 
growth of commerce and industry in the state.
(b)
The administrator may not exempt the applicant from the requirement under 
Subsection 
63N-3-106
(1)(b) that the loan be structured so that the repayment or 
return to the state equals at least the amount of the assistance together with an annual 
interest charge.
(4)
Before awarding any money under this part, the administrator shall:
(a)
make findings as to whether an applicant has satisfied the requirements of Subsection 
(2);
(b)
establish benchmarks and timeframes in which progress toward the completion of the 
agreed upon activity is to occur;
(c)
monitor compliance by an applicant with any contract or agreement entered into by 
the applicant and the state as provided by Section 
63N-3-107
; and
(d)
make funding decisions based upon appropriate findings and compliance.
(5)
(a)
The administrator shall exempt an applicant that mines or intends to mine 
fluorspar or gallium from the requirements of Subsection 
(2)
 and provide an 
applicant financial assistance under this section if the applicant demonstrates to the 
satisfaction of the administrator that the applicant:
(i)
has the required permits to engage in the mining activity of fluorspar or gallium;
(ii)
will engage in the mining activity in a community within the state that is socially 
or economically impacted by the Mineral Lands Leasing Act of 1920, 30 U.S.C. 
Sec. 181 et seq.;
(iii)
will draw money from the financial assistance provided to the applicant under 
this Subsection 
(5)
 by no later than two years from the day on which the 
administrator awards the financial assistance; and
(iv)
agrees to reimburse the restricted account in staggered payments during a period 
beginning three years from the day on which the administrator awards the 
financial assistance and ending seven years from the day on which the 
administrator awards the financial assistance.
(b)
The applicant shall pay interest at a rate of not more than 4.5%.
(c)
The administrator may enter into an agreement with the applicant as provided in 
Section 
63N-3-107
 to provide for the process of drawing money from the financial 
assistance, the payment of interest, and reimbursing the restricted account.
(d)
The administrator shall deposit money reimbursed by the applicant into the restricted 
account and may use that money for any purpose authorized by this part.
Section 3. 
FY 2025 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1, 
2024, and ending June 30, 2025. These are additions to amounts previously appropriated for 
fiscal year 2025. 
Subsection 3(a).
Restricted Fund and Account Transfers
The Legislature authorizes the State Division of Finance to transfer the following 
amounts between the following funds or accounts as indicated. Expenditures and outlays from 
the funds to which the money is transferred must be authorized by an appropriation.
Economic and Community Development
ITEM 1
General Fund Restricted - Industrial Assistance Account
From Throughput Infrastructure Fund, One-time
11,000,000
General Fund Restricted - Industrial Assistance 
Account
11,000,000
The Legislature intends that the Governor's 
Office of Economic Opportunity use the $11,000,000 
appropriated in this section to provide an applicant 
financial assistance in accordance with Subsection 
63N-3-105(5)
.
Section 4. 
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2), 
May 7, 2025
; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of 
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
1-28-25 11:44 AM