This document includes House Committee Amendments incorporated into the bill on Thu, Feb 11, 2016 at 9:45 AM by cynthiahopkin.
Representative Patrice M. Arent proposes the following substitute bill:


1     
OFFICE OF OUTDOOR RECREATION AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Patrice M. Arent

5     
Senate Sponsor: Ralph Okerlund

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the Utah Office of Outdoor Recreation.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Outdoor Recreational Infrastructure Grant Program;
14          ▸     describes the requirements and purposes of the program;
15          ▸     grants rulemaking authority to the Utah Office of Outdoor Recreation; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          This bill appropriates in fiscal year 2017:
19          ▸     to the Governor's Office of Economic Development -- Utah Office of Outdoor
20     Recreation -- Outdoor Recreational Infrastructure Grant Program as a one-time
21     appropriation:
22               •     from the General Fund, One-time, $5,000,000
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          63N-9-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
28          63N-9-104, as renumbered and amended by Laws of Utah 2015, Chapter 283
29          63N-9-105, as renumbered and amended by Laws of Utah 2015, Chapter 283
30          63N-9-106, as renumbered and amended by Laws of Utah 2015, Chapter 283
31     ENACTS:
32          63N-9-201, Utah Code Annotated 1953
33          63N-9-202, Utah Code Annotated 1953
34          63N-9-203, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 63N-9-102 is amended to read:
38          63N-9-102. Definitions.
39          As used in this chapter:
40          (1) "Accessible to the general public," in relation to the awarding of an infrastructure
41     grant, means:
42          (a) the public may use the infrastructure in accordance with federal and state
43     regulations; and
44          (b) no community or group retains exclusive rights to access the infrastructure.
45          [(1)] (2) "Director" means the director of the outdoor recreation office.
46          [(2)] (3) "Executive director" means the executive director of GOED.
47          (4) "Infrastructure grant" means an outdoor recreational infrastructure grant described
48     in Section 63N-9-202.
49          [(3)] (5) "Outdoor recreation office" means the Utah Office of Outdoor Recreation
50     created in Section 63N-9-104.
51          (6) (a) "Recreational infrastructure project" means an undertaking to build or improve
52     the approved facilities, services, and installations needed for the public to access and enjoy the
53     state's outdoors.
54          (b) "Recreational infrastructure project" may include the:
55          (i) establishment, construction, or renovation of a trail, trail infrastructure, or trail
56     facilities;

57          (ii) construction of a project for water-related outdoor recreational activities;
58          (iii) development of a project for wildlife watching opportunities, including bird
59     watching;
60          (iv) development of a project that provides winter recreation amenities;
61          (v) construction or improvement of a community park that has amenities for outdoor
62     recreation;
63          (vi) construction or improvement of a naturalistic and accessible playground; and
64          (vii) development, establishment, or expansion of a program for youth related to
65     outdoor recreation.
66          (7) "Underserved or underprivileged community" means a group of people, including a
67     municipality, county, or American Indian tribe that:
68          (a) has limited access or has demonstrated a low level of use of recreational
69     infrastructure; and
70          (b) is economically disadvantaged.
71          Section 2. Section 63N-9-104 is amended to read:
72          63N-9-104. Creation of outdoor recreation office and appointment of director --
73     Responsibilities of outdoor recreation office.
74          (1) There is created within the Governor's Office of Economic Development the Utah
75     Office of Outdoor Recreation.
76          (2) (a) The executive director shall appoint a director of the outdoor recreation office.
77          (b) The director shall report to the executive director and may appoint staff.
78          (3) The [purposes of the office are to] outdoor recreation office shall:
79          (a) coordinate outdoor recreation policy, management, and promotion:
80          (i) among state and federal agencies and local government entities in the state; and
81          (ii) with the Public Lands Policy Coordinating Office created in Section 63J-4-602, if
82     public land is involved;
83          (b) promote economic development in the state by:
84          (i) coordinating with outdoor recreation stakeholders;
85          (ii) improving recreational opportunities; and
86          (iii) recruiting outdoor recreation business;
87          (c) recommend to the governor and Legislature policies and initiatives to enhance

88     recreational amenities and experiences in the state and help implement those policies and
89     initiatives;
90          (d) develop data regarding the impacts of outdoor recreation in the state; and
91          (e) promote the health and social benefits of outdoor recreation, especially to young
92     people.
93          (4) By following the procedures and requirements of Title 63J, Chapter 5, Federal
94     Funds Procedures Act, the outdoor recreation office may:
95          (a) seek federal grants or loans;
96          (b) seek to participate in federal programs; and
97          (c) in accordance with applicable federal program guidelines, administer federally
98     funded outdoor recreation programs.
99          (5) For purposes of administering this part, the outdoor recreation office may make
100     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
101          Section 3. Section 63N-9-105 is amended to read:
102          63N-9-105. Duties of director.
103          [(1)] The director shall:
104          [(a) assure] (1) ensure that the [purposes] responsibilities of the outdoor recreation
105     office outlined in [Subsection 63N-9-104(3)] this chapter are fulfilled; and
106          [(b)] (2) organize and provide administrative oversight to the outdoor recreation office
107     staff.
108          [(2) By following the procedures and requirements of Title 63J, Chapter 5, Federal
109     Funds Procedures Act, the outdoor recreation office may:]
110          [(a) seek federal grants or loans;]
111          [(b) seek to participate in federal programs; and]
112          [(c) in accordance with applicable federal program guidelines, administer federally
113     funded outdoor recreation programs.]
114          [(3) For purposes of administering this part, the outdoor recreation office may make
115     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
116          Section 4. Section 63N-9-106 is amended to read:
117          63N-9-106. Annual report.
118          The executive director shall include in the annual written report described in Section

119     63N-1-301[,] a report from the director on the activities of the outdoor recreation office,
120     including a description and the amount of any awarded infrastructure grants.
121          Section 5. Section 63N-9-201 is enacted to read:
122     
Part 2. Outdoor Recreational Infrastructure Grant Program

123          63N-9-201. Title.
124          This part is known as the "Outdoor Recreational Infrastructure Grant Program."
125          Section 6. Section 63N-9-202 is enacted to read:
126          63N-9-202. Creation and purpose of infrastructure grant program.
127          (1) There is created the Outdoor Recreational Infrastructure Grant Program
128     administered by the outdoor recreation office.
129          (2) The outdoor recreation office may seek to accomplish the following objectives in
130     administering the infrastructure grant program:
131          (a) build, maintain, and promote recreational infrastructure to provide greater access to
132     low-cost outdoor recreation for the state's citizens;
133          (b) encourage residents and nonresidents of the state to take advantage of the beauty of
134     Utah's outdoors;
135          (c) encourage individuals and businesses to relocate to the state;
136          (d) promote outdoor exercise; and
137          (e) provide outdoor recreational opportunities to an underserved or underprivileged
138     community in the state.
139          Section 7. Section 63N-9-203 is enacted to read:
140          63N-9-203. Rulemaking and requirements for awarding an infrastructure grant.
141          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
142     outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
143     an entity to receive an infrastructure grant, including:
144          (a) the form and process of submitting an application to the outdoor recreation office
145     for an infrastructure grant;
146          (b) which entities are eligible to apply for an infrastructure grant;
147          (c) specific categories of projects that are eligible for an infrastructure grant;
148          (d) the method and formula for determining grant amounts; and
149          (e) the reporting requirements of grant recipients.

150          (2) In determining the award of an infrastructure grant, the outdoor recreation office
151     may prioritize a project that will serve an underprivileged or underserved community.
152          (3) An infrastructure grant may only be awarded by the executive director after
153     consultation with the director and the board.
154          (4) The following entities may not receive an infrastructure grant under this part:
155          (a) a federal government entity;
156          (b) a state agency; and
157          (c) a for-profit entity.
158          (5) An infrastructure grant may only be awarded under this part:
159          (a) for a project that is accessible to the general public; and
160          (b) subject to Ĥ→ [
Subsection (6)] Subsections (6) and (7) ←Ĥ , if the grant recipient
160a     agrees to provide matching funds
161     having a value equal to or greater than the amount of the infrastructure grant.
162          (6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be
163     provided through an in-kind contribution by the grant recipient, if Ĥ→ :
163a      (a) ←Ĥ approved by the executive
164     director after consultation with the director and the board Ĥ→ [
.] ; and
164a      (b) the in-kind donation does not include real property.
164b      (7) An infrastructure grant may not be awarded under this part if the grant, or the
164c     grant recipient match described in Subsection (5)(b), will be used for the purchase of real
164d     property or for the purchase or transfer of a conservation easement. ←Ĥ
165          Section 8. Appropriation.
166          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
167     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
168     are appropriated from resources not otherwise appropriated, or reduced from amounts
169     previously appropriated, out of the funds or accounts indicated. These sums of money are in
170     addition to any amounts previously appropriated for fiscal year 2017.
171          To Governor's Office of Economic Development -- Utah Office of Outdoor Recreation
172               From General Fund, One-time
$5,000,000

173               Schedule of Programs:
174                    Outdoor Recreational Infrastructure
175                    Grant Program                         $5,000,000
176          Under Section 63J-1-603 the Legislature intends that the appropriation provided under

177     this section not lapse at the close of fiscal year 2017. The use of any nonlapsing funds is
178     limited to providing grants and paying for the administration costs of the Outdoor Recreational
179     Infrastructure Grant Program created in Section 63N-9-202.