First Substitute S.B. 89

Senator Dennis E. Stowell proposes the following substitute bill:

1 MITIGATION OF INVASIVE SPECIES
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Dennis E. Stowell
5 House Sponsor: David Clark
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to the mitigation of invasive species.
10 Highlighted Provisions:
11 This bill:
12 . authorizes the Department of Agriculture and Food, after consulting with the
13 Department of Natural Resources and the Conservation Commission to:
14 . enter into a cooperative agreement with an agency or landowner to prevent
15 wildland fire through land restoration;
16 . expend monies and give grants from the Invasive Species Mitigation Fund;
17 . expend interest that is deposited in the Invasive Species Mitigation Fund;
18 . make rules; and
19 . creates the Invasive Species Mitigation Fund, a restricted special revenue account.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:

26 4-2-8.6, Utah Code Annotated 1953
27 4-2-8.7, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 4-2-8.6 is enacted to read:
31 4-2-8.6. Cooperative agreements and grants to prevent wildland fire.
32 After consulting with the Department of Natural Resources and the Conservation
33 Commission, the department may:
34 (1) enter into a cooperative agreement with a state agency, a federal agency, or a
35 federal, state, tribal, or private landowner to prevent catastrophic wildland fire through land
36 restoration in a watershed that:
37 (a) is impacted by cheatgrass or other invasive species; or
38 (b) has a fuel load that may contribute to a catastrophic wildland fire;
39 (2) expend monies from the Invasive Species Mitigation Fund created in Section
40 4-2-8.7 ; and
41 (3) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
42 make rules to:
43 (a) administer this section; and
44 (b) give grants from the Invasive Species Mitigation Fund.
45 Section 2. Section 4-2-8.7 is enacted to read:
46 4-2-8.7. Invasive Species Mitigation Fund created.
47 (1) As used in this section, "project" means an undertaking that prevents catastrophic
48 wildland fire through land restoration in a watershed that:
49 (a) is impacted by cheatgrass or other invasive species; or
50 (b) has a fuel load that may contribute to a catastrophic wildland fire.
51 (2) (a) There is created a restricted special revenue fund known as the "Invasive
52 Species Mitigation Fund."
53 (b) The fund shall consist of:
54 (i) money appropriated by the Legislature;
55 (ii) grants from the federal government;
56 (iii) grants or donations from a person; and

57 (iv) interest on fund monies.
58 (3) (a) The fund shall earn interest.
59 (b) All interest earned on fund monies shall be deposited into the fund.
60 (c) The department may use the interest deposited in the fund for administration costs.
61 (4) Any unallocated balance in the fund at the end of the year is nonlapsing.
62 (5) (a) After consulting with the Department of Natural Resources and the
63 Conservation Commission, the department may expend fund monies:
64 (i) on a project implemented by:
65 (A) the department; or
66 (B) the Conservation Commission; or
67 (ii) by giving a grant for a project to:
68 (A) a state agency;
69 (B) a federal agency; or
70 (C) to a federal, state, tribal, or private landowner.
71 (b) A grant to a federal landowner must be matched with at least an equal amount of
72 money by the federal landowner.
73 (c) In expending the fund monies authorized by Subsection (5)(a)(i), the department
74 shall use existing infrastructure and employees to plan and implement the project.
75 (6) In giving a grant, the department shall consider the effectiveness of a project in
76 preventing:
77 (a) first, the risk to public safety and health from:
78 (i) air pollution;
79 (ii) flooding; and
80 (iii) reduced visibility on a highway;
81 (b) second, damage to the environment, including:
82 (i) soil erosion;
83 (ii) degraded water quality; and
84 (iii) release of carbon; and
85 (c) third, damage to:
86 (i) a local economy; and
87 (ii) habitat for wildlife or livestock.