1
2
3
4
5
6 Cosponsors:
7 Stewart Barlow
8 Melvin R. Brown
9 Rebecca Chavez-Houck
10 Scott H. Chew
11 Brad L. Dee
12 Sophia M. DiCaro
13 Jack R. Draxler
14 Susan Duckworth
15 Rebecca P. Edwards
16 Steve Eliason
17 Gage Froerer
18 Stephen G. Handy
19 Timothy D. Hawkes
20 Lynn N. Hemingway
Sandra Hollins
Eric K. Hutchings
Don L. Ipson
Brad King
Bradley G. Last
Kay L. McIff
Carol Spackman Moss
Merrill F. Nelson
Michael E. Noel
Curtis Oda
Derrin Owens
Lee B. Perry
Dixon M. Pitcher
Marie H. Poulson
Kraig Powell
Paul Ray
Edward H. Redd
Angela Romero
Scott D. Sandall
V. Lowry Snow
Robert M. Spendlove
Jon E. Stanard
Keven J. Stratton
Earl D. Tanner
Raymond P. Ward
R. Curt Webb
John R. Westwood
Mark A. Wheatley
Brad R. Wilson
21
22 LONG TITLE
23 General Description:
24 This bill modifies provisions related to the Utah Office of Outdoor Recreation.
25 Highlighted Provisions:
26 This bill:
27 ▸ defines terms;
28 ▸ creates the Outdoor Recreational Infrastructure Grant Program;
29 ▸ describes the requirements and purposes of the program;
30 ▸ grants rulemaking authority to the Utah Office of Outdoor Recreation; and
31 ▸ makes technical changes.
32 Money Appropriated in this Bill:
33 This bill appropriates in fiscal year 2017:
34 ▸ to the Governor's Office of Economic Development -- Utah Office of Outdoor
35 Recreation -- Outdoor Recreational Infrastructure Grant Program as a one-time
36 appropriation:
37 • from the General Fund, One-time, $1,000,000
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 63N-9-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
43 63N-9-104, as renumbered and amended by Laws of Utah 2015, Chapter 283
44 63N-9-105, as renumbered and amended by Laws of Utah 2015, Chapter 283
45 63N-9-106, as renumbered and amended by Laws of Utah 2015, Chapter 283
46 ENACTS:
47 63N-9-201, Utah Code Annotated 1953
48 63N-9-202, Utah Code Annotated 1953
49 63N-9-203, Utah Code Annotated 1953
50
51 Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 63N-9-102 is amended to read:
53 63N-9-102. Definitions.
54 As used in this chapter:
55 (1) "Accessible to the general public," in relation to the awarding of an infrastructure
56 grant, means:
57 (a) the public may use the infrastructure in accordance with federal and state
58 regulations; and
59 (b) no community or group retains exclusive rights to access the infrastructure.
60 [
61 [
62 (4) "Infrastructure grant" means an outdoor recreational infrastructure grant described
63 in Section 63N-9-202.
64 [
65 created in Section 63N-9-104.
66 (6) (a) "Recreational infrastructure project" means an undertaking to build or improve
67 the approved facilities, services, and installations needed for the public to access and enjoy the
68 state's outdoors.
69 (b) "Recreational infrastructure project" may include the:
70 (i) establishment, construction, or renovation of a trail, trail infrastructure, or trail
71 facilities;
72 (ii) construction of a project for water-related outdoor recreational activities;
73 (iii) development of a project for wildlife watching opportunities, including bird
74 watching;
75 (iv) development of a project that provides winter recreation amenities;
76 (v) construction or improvement of a community park that has amenities for outdoor
77 recreation;
78 (vi) construction or improvement of a naturalistic and accessible playground; and
79 (vii) development, establishment, or expansion of a program for youth related to
80 outdoor recreation.
81 (7) "Underserved or underprivileged community" means a group of people, including a
82 municipality, county, or American Indian tribe that:
83 (a) has limited access or has demonstrated a low level of use of recreational
84 infrastructure; and
85 (b) is economically disadvantaged.
86 Section 2. Section 63N-9-104 is amended to read:
87 63N-9-104. Creation of outdoor recreation office and appointment of director --
88 Responsibilities of outdoor recreation office.
89 (1) There is created within the Governor's Office of Economic Development the Utah
90 Office of Outdoor Recreation.
91 (2) (a) The executive director shall appoint a director of the outdoor recreation office.
92 (b) The director shall report to the executive director and may appoint staff.
93 (3) The [
94 (a) coordinate outdoor recreation policy, management, and promotion:
95 (i) among state and federal agencies and local government entities in the state; and
96 (ii) with the Public Lands Policy Coordinating Office created in Section 63J-4-602, if
97 public land is involved;
98 (b) promote economic development in the state by:
99 (i) coordinating with outdoor recreation stakeholders;
100 (ii) improving recreational opportunities; and
101 (iii) recruiting outdoor recreation business;
102 (c) recommend to the governor and Legislature policies and initiatives to enhance
103 recreational amenities and experiences in the state and help implement those policies and
104 initiatives;
105 (d) develop data regarding the impacts of outdoor recreation in the state; and
106 (e) promote the health and social benefits of outdoor recreation, especially to young
107 people.
108 (4) 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 (5) 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 3. Section 63N-9-105 is amended to read:
117 63N-9-105. Duties of director.
118 [
119 [
120 office outlined in [
121 [
122 staff.
123 [
124
125 [
126 [
127 [
128
129 [
130
131 Section 4. Section 63N-9-106 is amended to read:
132 63N-9-106. Annual report.
133 The executive director shall include in the annual written report described in Section
134 63N-1-301[
135 including a description and the amount of any awarded infrastructure grants.
136 Section 5. Section 63N-9-201 is enacted to read:
137
138 63N-9-201. Title.
139 This part is known as the "Outdoor Recreational Infrastructure Grant Program."
140 Section 6. Section 63N-9-202 is enacted to read:
141 63N-9-202. Creation and purpose of infrastructure grant program.
142 (1) There is created the Outdoor Recreational Infrastructure Grant Program
143 administered by the outdoor recreation office.
144 (2) The outdoor recreation office may seek to accomplish the following objectives in
145 administering the infrastructure grant program:
146 (a) build, maintain, and promote recreational infrastructure to provide greater access to
147 low-cost outdoor recreation for the state's citizens;
148 (b) encourage residents and nonresidents of the state to take advantage of the beauty of
149 Utah's outdoors;
150 (c) encourage individuals and businesses to relocate to the state;
151 (d) promote outdoor exercise; and
152 (e) provide outdoor recreational opportunities to an underserved or underprivileged
153 community in the state.
154 Section 7. Section 63N-9-203 is enacted to read:
155 63N-9-203. Rulemaking and requirements for awarding an infrastructure grant.
156 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
157 outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
158 an entity to receive an infrastructure grant, including:
159 (a) the form and process of submitting an application to the outdoor recreation office
160 for an infrastructure grant;
161 (b) which entities are eligible to apply for an infrastructure grant;
162 (c) specific categories of projects that are eligible for an infrastructure grant;
163 (d) the method and formula for determining grant amounts; and
164 (e) the reporting requirements of grant recipients.
165 (2) In determining the award of an infrastructure grant, the outdoor recreation office
166 may prioritize a project that will serve an underprivileged or underserved community.
167 (3) An infrastructure grant may only be awarded by the executive director after
168 consultation with the director and the board.
169 (4) The following entities may not receive an infrastructure grant under this part:
170 (a) a federal government entity;
171 (b) a state agency; and
172 (c) a for-profit entity.
173 (5) An infrastructure grant may only be awarded under this part:
174 (a) for a project that is accessible to the general public; and
175 (b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching
176 funds having a value equal to or greater than the amount of the infrastructure grant.
177 (6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be
178 provided through an in-kind contribution by the grant recipient, if:
179 (a) approved by the executive director after consultation with the director and the
180 board; and
181 (b) the in-kind donation does not include real property.
182 (7) An infrastructure grant may not be awarded under this part if the grant, or the grant
183 recipient match described in Subsection (5)(b), will be used for the purchase of real property or
184 for the purchase or transfer of a conservation easement.
185 Section 8. Appropriation.
186 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
187 the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
188 are appropriated from resources not otherwise appropriated, or reduced from amounts
189 previously appropriated, out of the funds or accounts indicated. These sums of money are in
190 addition to amounts previously appropriated for fiscal year 2017.
191 To Governor's Office of Economic Development -- Utah Office of Outdoor Recreation
192 From General Fund, One-time
$1,000,000
193 Schedule of Programs:
194 Outdoor Recreational Infrastructure
195 Grant Program $1,000,000
196 With regards to the appropriation provided under this section, the Legislature intends
197 that:
198 (1) under Section 63J-1-603, the appropriation not lapse at the close of fiscal year
199 2017;
200 (2) $300,000 be used for an infrastructure grant, where the grant recipient meets the
201 requirements of Section 63N-9-203, related to the Kanab Trail at the Jackson Flat Reservoir;
202 (3) the use of any nonlapsing funds be limited to providing grants and paying for the
203 administration costs of the Outdoor Recreational Infrastructure Grant Program created in
204 Section 65N-9-202.