First Substitute S.B. 43

Senator R. Mont Evans proposes to substitute the following bill:

1 OPEN SPACE NEAR STATE PRISON
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: R. Mont Evans
5 AN ACT RELATING TO ADMINISTRATIVE SERVICES; DEFINING CRITICAL LAND;
6 REQUIRING THE CRITICAL LAND TO BE PRESERVED AS OPEN LAND; RESTRICTING
7 THE TRANSFER OF AN INTEREST IN THE CRITICAL LAND WITH LIMITED
8 EXCEPTIONS; ALLOWING THE CREATION OF ADDITIONAL WETLANDS ON THE
9 CRITICAL LAND; ALLOWING CORRECTIONS ACCESS TO A CERTAIN PART OF THE
10 LAND; REQUIRING STATE AGENCIES TO COOPERATE TOGETHER IN CARRYING OUT
11 LEGISLATIVE INTENT; AND PROVIDING A COORDINATION CLAUSE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 ENACTS:
14 63A-5-222, Utah Code Annotated 1953
15 REPEALS:
16 63A-5-221, as enacted by Chapter 399, Laws of Utah 1998
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 63A-5-222 is enacted to read:
19 63A-5-222. Critical land near state prison -- Definitions -- Preservation as open land
20 -- Management and use of land -- Restrictions on transfer -- Wetlands development.
21 (1) For purposes of this section:
22 (a) "Corrections" means the Department of Corrections created under Section 64-13-2 .
23 (b) "Critical land" means a parcel of approximately 250 acres of land owned by the
24 division and located on the east edge of the Jordan River between about 12300 South and 14600
25 South in Salt Lake County, approximately the southern half of whose eastern boundary abuts the

26 Denver and Rio Grande Western Railroad right of way.
27 (c) "Division" means the Division of Facilities Construction and Management created
28 under Section 63A-5-201 .
29 (d) "Open land" means land that is:
30 (i) preserved predominantly in a natural, open, and undeveloped condition; and
31 (ii) used for:
32 (A) wildlife habitat;
33 (B) cultural or recreational use;
34 (C) water source protection; or
35 (D) another use consistent with the preservation of the land in a predominantly natural,
36 open, and undeveloped condition.
37 (2) (a) (i) The critical land shall be preserved in perpetuity as open land.
38 (ii) The long-term ownership and management of the critical land should eventually be
39 turned over to the Department of Natural Resources created under Section 63-34-3 or another
40 agency or entity that is able to accomplish the purposes and intent of this section.
41 (b) Notwithstanding Subsection (2)(a)(i) and as funding is available, certain actions should
42 be taken on or with respect to the critical land, including:
43 (i) the development and implementation of a program to eliminate noxious vegetation and
44 restore and facilitate the return of natural vegetation on the critical land;
45 (ii) the development of a system of trails through the critical land that is compatible with
46 the preservation of the critical land as open land;
47 (iii) the development and implementation of a program to restore the natural features of
48 and improve the flows of the Jordan River as it crosses the critical land;
49 (iv) the preservation of the archeological site discovered on the critical land and the
50 development of an interpretive site in connection with the archeological discovery;
51 (v) in restoring features on the critical land, the adoption of methods and plans that will
52 enhance the critical land's function as a wildlife habitat;
53 (vi) taking measures to reduce safety risks on the critical land; and
54 (vii) the elimination or rehabilitation of a prison dump site on the critical land.
55 (3) (a) Except as provided in Subsection (3)(b), no interest in the critical land may be sold,
56 assigned, leased, or otherwise transferred unless measures are taken to ensure that the critical land

57 that is transferred will be preserved as open land in perpetuity.
58 (b) Notwithstanding Subsection (3)(a), exchanges of property may be undertaken to
59 resolve boundary disputes with adjacent property owners and easements may be granted for trails
60 and other purposes consistent with Subsection (2)(b) and with the preservation of the critical land
61 as open land.
62 (4) The division shall use the funds remaining from the appropriation under Chapter 399,
63 Laws of Utah 1998, for the purposes of:
64 (a) determining the boundaries and legal description of the critical land;
65 (b) determining the boundaries and legal description of the adjacent property owned by
66 the division;
67 (c) fencing the critical land and adjacent land owned by the division where appropriate and
68 needed; and
69 (d) assisting to carry out the intent of this section.
70 (5) (a) Notwithstanding Subsection (2)(a)(i), the division or its successor in title to the
71 critical land may develop or allow a public agency or private entity to develop more wetlands on
72 the critical land than exist naturally or existed previously.
73 (b) (i) Subject to Subsections (3)(a) and (5)(b)(ii), the division or its successor in title may
74 transfer jurisdiction of all or a portion of the critical land to a public agency or private entity to
75 provide for the development and management of wetlands and designated wetland buffer areas.
76 (ii) Before transferring jurisdiction of any part of the critical land under Subsection
77 (5)(b)(i), the division or its successor in title shall assure that reasonable efforts are made to obtain
78 approval from the appropriate federal agency to allow mitigation credits in connection with the
79 critical land to be used for impacts occurring anywhere along the Wasatch Front.
80 (6) Notwithstanding any other provision of this section, corrections shall have access to
81 the cooling pond located on the critical land as long as that access to and use of the cooling pond
82 are not inconsistent with the preservation of the critical land as open land.
83 (7) (a) Corrections, the division, and all other state departments, divisions, or agencies
84 shall cooperate together to carry out the intent of this section.
85 (b) The division, with the cooperation and assistance of the Governor's Office of Planning
86 and Budget established under Section 63-38-1.4 , shall report to the Political Subdivisions Interim
87 Committee of the Legislature no later than November 30, 1999, concerning the efforts and actions

88 of the division and other state agencies under this section to carry out the intent of this section.
89 Section 2. Repealer.
90 This act repeals:
91 Section 63A-5-221, Jordan River Critical Land -- DFCM to arrange survey -- OPB
92 to recommend use.
93 Section 3. Coordination clause.
94 If this bill and H.B. 119, Quality Growth Act of 1999, both pass, it is the intent of the
95 Legislature that the definition of "open land" contained under Section 11-38-102 in H.B. 119 be
96 substituted for the definition of "open land" in this bill.