MINUTES OF THE
NATURAL RESOURCES, AGRICULTURE, AND ENVIRONMENTAL QUALITY APPROPRIATIONS SUBCOMMITTEE
Tuesday, October 15, 2024 • 8:30 a.m. • 210 Senate Building


Members Present:
Sen. Scott D. Sandall, Chair
Rep. Stewart E. Barlow, House Chair
Rep. Scott H. Chew, House Vice Chair
Sen. Nate Blouin
Sen. Daniel McCay
Sen. Ronald M. Winterton
Rep. Carl R. Albrecht
Rep. Tim Jimenez
Rep. Brian S. King
Rep. Michael L. Kohler
Rep. Steven J. Lund
Rep. Doug Owens
Rep. Rex P. Shipp

Members Absent:
Sen. David G. Buxton
Sen. Lincoln Fillmore
Rep. Phil Lyman
Rep. Casey Snider

Staff Present:
Ivan D. Djambov, Finance Manager
Lacey K. Moore, Finance Officer
Karen C. Allred, Committee Secretary

Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.

1.Call to Order
Chair Sandall called the meeting to order at 8:36 a.m.
2.A Performance Audit of the School and Institutional Trust Lands Administration
Brian Dean, Deputy Auditor General, Office of Legislative Auditor General (OLAG), introduced Andrew Poulter, Lead Performance Auditor, OLAG, and explained a performance audit of the School and Institutional Trust Lands Administration (SITLA).
3) A Performance Audit of the School and Institutional Trust Lands Administration
3) OLAG Presentation
Andrew Poulter explained SITLA's roles, functions, discretion, trust lands allocation, and how SITLA can improve accountability through performance tracking and reporting.
Brian Dean explained findings related to the SITLA Board of Trustees. Andrew Poulter further explained how SITLA can improve its strategic plan, performance measures, asset management and implement additional best practices.
Rep. Lund asked if there is a definition for highest and best use, with a response from Andrew Poulter and Brian Dean. Rep. Lund expressed concerns about land valuation.
Rep. King asked if anything is in place for SITLA to value public and federal lands, with a response from Brian Dean. Rep. King discussed federal land valuation in relation to trust lands.
Michelle McConkie, Director, SITLA, introduced Warren Peterson, Chair, Board of Trustees, SITLA, and expressed appreciation for the auditors. Director McConkie responded to the audit by explaining challenges of management of trust lands, steps taken to be more proactive, and conversations with the auditors.
SITLA Land ownership map
Warren Peterson reported that the audit was welcome, explained some personal background, and commented on the success of SITLA during the last 30 years. Warren Peterson spoke of improvements that have been accelerated since the audit.
Rep. Albrecht commented on the need for SITLA to be more user friendly to local entities. Director McConkie responded with assistance from Warren Peterson.
Rep. King asked how SITLA values its land assets, with a response from Director McConkie.
Rep. Chew commented on the audit and logistics of appraising 10,000 land parcels.
Sen. McCay asked about the conflicting purposes of state goals and SITLA goals. Director McConkie and Warren Peterson responded. Sen. McCay remarked on the big picture goals for the state. Warren Peterson responded.
3.Approval of Minutes: August 20th, 2024
MOTION:Rep. Barlow moved to approve the minutes of the August 20, 2024 meeting.The motion passed with a vote of 13-0-4.
Yeas - 13Nays- 0Abs- 4
Rep. C. Albrecht
Rep. S. Barlow
Sen. N. Blouin
Rep. S. Chew
Rep. T. Jimenez
Rep. B. King
Rep. M. Kohler
Rep. S. Lund
Sen. D. McCay
Rep. D. Owens
Sen. S. Sandall
Rep. R. Shipp
Sen. R. Winterton
Sen. D. Buxton
Sen. L. Fillmore
Rep. P. Lyman
Rep. C. Snider
4.Accountable Budget Process - Final Voting
4) Accountable Budget Process Final Recommendations
Ivan Djambov introduced the Accountable Budget Process for State Parks, Outdoor Recreation, Public Lands Policy Coordinating Office, and the School and Institutional Trust Lands Administration.
Ivan Djambov explained Accountable Budget Process recommendations for State Parks.
4) ABP for State Parks
Scott Strong, Director, Division of State Parks explained the recommendations that the division agrees with, and gave additional information on items 7 and 8.
Chair Sandall asked about the wait list for the boating slips at Bear Lake State Park, with a response from Scott Strong.
Chair Sandall clarified which recommendations that State Parks agreed with. Scott Strong and Ivan Djambov responded.
Rep. Shipp asked about the slip rental fees, with a response from Scott Strong.
Chair Sandall asked about fees exceeding authorization, with a response from Scott Strong.
MOTION:Rep. Owens moved to adopt recommendations 1-10 from the Accountable Budget Process Final Recommendations.The motion passed with a vote of 12-0-5.
Yeas - 12Nays- 0Abs- 5
Rep. C. Albrecht
Rep. S. Barlow
Sen. N. Blouin
Rep. S. Chew
Rep. T. Jimenez
Rep. B. King
Rep. M. Kohler
Rep. S. Lund
Rep. D. Owens
Sen. S. Sandall
Rep. R. Shipp
Sen. R. Winterton
Sen. D. Buxton
Sen. L. Fillmore
Rep. P. Lyman
Sen. D. McCay
Rep. C. Snider
Chair Sandall said that State Parks has done a great job, and Scott Strong responded.
Ivan Djambov explained the Accountable Budget Process recommendations for Outdoor Recreation.
4) ABP for Outdoor Recreation
Chair Sandall further explained item 13, and Ivan Djambov continued the presentation.
India Nielsen Barfuss, Deputy Director of Operations, Division of Outdoor Recreation, responded to the recommendations. India expressed concern with recommendation 13.
Chair Sandall clarified what amount of General Fund the division would recommend replacing with restricted funds.
Sen. Winterton asked for clarification with a response from Chair Sandall.
MOTION:Sen. Winterton moved to accept recommendations 11-15 from the Accountable Budget Process Final Recommendations, amending item 13 to read "replace $88,900 in General Fund"The motion passed with a vote of 12-0-5.
Yeas - 12Nays- 0Abs- 5
Rep. C. Albrecht
Rep. S. Barlow
Sen. N. Blouin
Rep. S. Chew
Rep. T. Jimenez
Rep. B. King
Rep. M. Kohler
Rep. S. Lund
Rep. D. Owens
Sen. S. Sandall
Rep. R. Shipp
Sen. R. Winterton
Sen. D. Buxton
Sen. L. Fillmore
Rep. P. Lyman
Sen. D. McCay
Rep. C. Snider
Lacey Moore explained the Accountable Budget Process recommendations for the Public Lands Policy Coordinating Office.
4) ABP for the Public Lands Policy Coordinating Office
Redge Johnson, Director, Public Lands Policy Coordinating Office (PLPCO), introduced Dillon Hoyt, Deputy Director, PLPCO, and explained the agency's agreement with the recommendations.
Rep. Lund commented on reporting structure in the department, with a response from Redge Johnson and Chair Sandall.
Sen. Winterton commented on the need to clarify roles and offered to open a bill file.
Redge Johnson commented on personnel costs.
Rep. Albrecht complimented PLPCO and asked the agency's position on the presented recommendations, with a response from Redge Johnson and Chair Sandall.
MOTION:Sen. Winterton moved to accept recommendations 16-22 on the ABP document. The motion passed with a vote of 12-0-5.
Yeas - 12Nays- 0Abs- 5
Rep. C. Albrecht
Rep. S. Barlow
Sen. N. Blouin
Rep. S. Chew
Rep. T. Jimenez
Rep. B. King
Rep. M. Kohler
Rep. S. Lund
Rep. D. Owens
Sen. S. Sandall
Rep. R. Shipp
Sen. R. Winterton
Sen. D. Buxton
Sen. L. Fillmore
Rep. P. Lyman
Sen. D. McCay
Rep. C. Snider
Lacey Moore explained the Accountable Budget Process recommendations for the School and Institutional Trust Lands Administration.
4) ABP for the School and Institutional Trust Lands Administration
Michelle McConkie explained SITLA's agreement to the recommendations.
Rep. Albrecht commented on recommendation #25 related to measuring revenue maximization, with a response from Chair Sandall.
Rep. Chew expressed concern about recommendation #27, related to having all three entities reporting to a single appropriations subcommittee.
Rep. Owens asked Rep. Albrecht to elaborate on his concerns related to recommendation #25. Rep. Albrecht responded.
MOTION:Sen. McCay moved to amend recommendation #25, "Revenue Maximization" by inserting "and the State of Utah" after "Permanent Trust."
Sen. McCay and Lacey Moore spoke to the motion
SUBSTITUTE MOTION:Rep. Albrecht moved to amend recommendation #25 "Revenue Maximization" by inserting "also considering the needs of local counties, cities, towns, and adjacent state lands" after "Permanent Trust."
Chair Sandall, Rep. Albrecht, and Sen. McCay spoke to the substitute motion.
Rep. Albrecht's motion passed with a vote 12-0-5.
Yeas - 12Nays- 0Abs- 5
Rep. C. Albrecht
Rep. S. Barlow
Sen. N. Blouin
Rep. S. Chew
Rep. T. Jimenez
Rep. M. Kohler
Rep. S. Lund
Sen. D. McCay
Rep. D. Owens
Sen. S. Sandall
Rep. R. Shipp
Sen. R. Winterton
Sen. D. Buxton
Sen. L. Fillmore
Rep. B. King
Rep. P. Lyman
Rep. C. Snider
Rep. Chew asked if committee members had concerns on recommendation #27. Chair Sandall and Sen. McCay responded. Rep. Chew continued.
MOTION:Rep. Chew moved to amend recommendation #27 by replacing "a single oversight committee" with "the Natural Resources, Agriculture and Environmental Quality Appropriations Subcommittee." The motion passed with a vote of 12-0-5.
Yeas - 12Nays- 0Abs- 5
Rep. C. Albrecht
Rep. S. Barlow
Sen. N. Blouin
Rep. S. Chew
Rep. T. Jimenez
Rep. M. Kohler
Rep. S. Lund
Sen. D. McCay
Rep. D. Owens
Sen. S. Sandall
Rep. R. Shipp
Sen. R. Winterton
Sen. D. Buxton
Sen. L. Fillmore
Rep. B. King
Rep. P. Lyman
Rep. C. Snider
MOTION:Sen. McCay moved to adopt recommendations 23-27 as amended.The motion passed with a vote of 12-0-5.
Yeas - 12Nays- 0Abs- 5
Rep. C. Albrecht
Rep. S. Barlow
Sen. N. Blouin
Rep. S. Chew
Rep. T. Jimenez
Rep. M. Kohler
Rep. S. Lund
Sen. D. McCay
Rep. D. Owens
Sen. S. Sandall
Rep. R. Shipp
Sen. R. Winterton
Sen. D. Buxton
Sen. L. Fillmore
Rep. B. King
Rep. P. Lyman
Rep. C. Snider
MOTION:Rep. Barlow moved, under joint rule 3-2-101 and 3-2-402, to authorize legislative staff to include in the base budget bill for the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee the following recommendations to the Executive Appropriations Committee: 1. The accountable process budget changes adopted earlier today and in this interim; 2. Ongoing General and Income Tax Fund appropriations defined in the current year's appropriations acts; 3. Federal Fund, Dedicated Credit, Restricted fund and account amounts that are the lesser of current year ongoing appropriations or agency budget requests; 4. Adjustments to nonlapsing balances, transfers, and other dependent amounts as calculated; and 5. Line-item performance measures included in FY 2025 appropriations bills with any changes approved today. ln consultation with the Co-Chairs of the Appropriations Subcommittee, staff may make any technical changes necessary, including balancing between the General Fund and Income Tax Fund, in order to balance the overall budget.The motion passed with a vote of 12-0-5.
Yeas - 12Nays- 0Abs- 5
Rep. C. Albrecht
Rep. S. Barlow
Sen. N. Blouin
Rep. S. Chew
Rep. T. Jimenez
Rep. M. Kohler
Rep. S. Lund
Sen. D. McCay
Rep. D. Owens
Sen. S. Sandall
Rep. R. Shipp
Sen. R. Winterton
Sen. D. Buxton
Sen. L. Fillmore
Rep. B. King
Rep. P. Lyman
Rep. C. Snider
5.Line Item Performance Measures
Lacey Moore explained the potential committee action for line item performance measures to be included in the base budget.
5) Proposed Line Item Performance Measures (FY 2026)
Rep. Chew asked about several performance measures for the Division of Outdoor Recreation with a response from India Nielsen Barfuss, and Steve Bullock, Chief Law Enforcement Officer, Utah Outdoor Recreation.
Rep. Jimenez asked about the Municipal Wastewater Effluent Quality performance measure with a response from John Mackey, Director, Division of Water Quality, Department of Environmental Quality.
MOTION:Sen. McCay moved to approve the line item performance measures. The motion passed with a vote of 12-0-5.
Yeas - 12Nays- 0Abs- 5
Rep. C. Albrecht
Rep. S. Barlow
Sen. N. Blouin
Rep. S. Chew
Rep. T. Jimenez
Rep. M. Kohler
Rep. S. Lund
Sen. D. McCay
Rep. D. Owens
Sen. S. Sandall
Rep. R. Shipp
Sen. R. Winterton
Sen. D. Buxton
Sen. L. Fillmore
Rep. B. King
Rep. P. Lyman
Rep. C. Snider
6.Funding Item Follow Up Report
This item was not heard
7.Pre-charged Pneumatic Air Rifles Report (S.B. 205, 2022 General Session)
7) Resolution for Pneumatic Air Rifles
This item was not heard
8.Water Development Coordinating Council Status of Funds Report
Candice Hasenyager, Chair of the Water Development Coordinating Council presented the report on water related funds as required by H.B. 280 from the 2024 General Session.
8) WDCC Status of Funds Report
9.Other Business
Chair Sandall expressed appreciation to the subcommittee.
10.Adjourn
MOTION:Sen. McCay moved to adjourn at 11:05 a.m.The motion passed with a vote of 12-0-5.
Yeas - 12Nays- 0Abs- 5
Rep. C. Albrecht
Rep. S. Barlow
Sen. N. Blouin
Rep. S. Chew
Rep. T. Jimenez
Rep. M. Kohler
Rep. S. Lund
Sen. D. McCay
Rep. D. Owens
Sen. S. Sandall
Rep. R. Shipp
Sen. R. Winterton
Sen. D. Buxton
Sen. L. Fillmore
Rep. B. King
Rep. P. Lyman
Rep. C. Snider