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7 LONG TITLE
8 General Description:
9 This bill modifies the Wildland Fire Suppression Fund.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates a source of funding for the Wildland Fire Suppression Fund;
13 ▸ modifies the structure of the Wildland Fire Suppression Fund; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 This bill appropriates:
17 ▸ to the Wildland Fire Suppression Fund, as a one-time appropriation:
18 • from the Mineral Bonus Account, $2,000,000.
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 59-21-2, as last amended by Laws of Utah 2012, Chapters 212 and 242
24 63J-1-314, as last amended by Laws of Utah 2013, Chapter 295
25 63J-1-315, as last amended by Laws of Utah 2015, Chapter 283
26 63J-3-103, as last amended by Laws of Utah 2014, Chapter 63
27 63N-3-106, as renumbered and amended by Laws of Utah 2015, Chapter 283
28 65A-8-204, as renumbered and amended by Laws of Utah 2007, Chapter 136
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 59-21-2 is amended to read:
32 59-21-2. Mineral Bonus Account created -- Contents -- Use of Mineral Bonus
33 Account money -- Mineral Lease Account created -- Contents -- Appropriation of money
34 from Mineral Lease Account.
35 (1) (a) There is created a restricted account within the General Fund known as the
36 "Mineral Bonus Account."
37 (b) The Mineral Bonus Account consists of federal mineral lease bonus payments
38 deposited pursuant to Subsection 59-21-1(3).
39 (c) The Legislature shall make appropriations from the Mineral Bonus Account in
40 accordance with Section 35 of the Mineral Lands Leasing Act of 1920, 30 U.S.C. Sec. 191.
41 (d) The state treasurer shall:
42 (i) invest the money in the Mineral Bonus Account by following the procedures and
43 requirements of Title 51, Chapter 7, State Money Management Act; and
44 (ii) deposit all interest or other earnings derived from the account into the Mineral
45 Bonus Account.
46 (e) The Division of Finance shall, beginning on July 1, 2017, annually deposit 30% of
47 mineral lease bonus payments deposited under Subsection (1)(b) from the previous fiscal year
48 into the Wildland Fire Suppression Fund created in Section 65A-8-204, up to $2,000,000 but
49 not to exceed 20% of the amount expended in the previous fiscal year from the Wildland Fire
50 Suppression Fund.
51 (2) (a) There is created a restricted account within the General Fund known as the
52 "Mineral Lease Account."
53 (b) The Mineral Lease Account consists of federal mineral lease money deposited
54 pursuant to Subsection 59-21-1(1).
55 (c) The Legislature shall make appropriations from the Mineral Lease Account as
56 provided in Subsection 59-21-1(1) and this Subsection (2).
57 (d) The Legislature shall annually appropriate 32.5% of all deposits made to the
58 Mineral Lease Account to the Permanent Community Impact Fund established by Section
59 35A-8-303.
60 (e) The Legislature shall annually appropriate 2.25% of all deposits made to the
61 Mineral Lease Account to the State Board of Education, to be used for education research and
62 experimentation in the use of staff and facilities designed to improve the quality of education in
63 Utah.
64 (f) The Legislature shall annually appropriate 2.25% of all deposits made to the
65 Mineral Lease Account to the Utah Geological Survey, to be used for activities carried on by
66 the survey having as a purpose the development and exploitation of natural resources in the
67 state.
68 (g) The Legislature shall annually appropriate 2.25% of all deposits made to the
69 Mineral Lease Account to the Water Research Laboratory at Utah State University, to be used
70 for activities carried on by the laboratory having as a purpose the development and exploitation
71 of water resources in the state.
72 (h) (i) The Legislature shall annually appropriate to the Department of Transportation
73 40% of all deposits made to the Mineral Lease Account to be distributed as provided in
74 Subsection (2)(h)(ii) to:
75 (A) counties;
76 (B) special service districts established:
77 (I) by counties;
78 (II) under Title 17D, Chapter 1, Special Service District Act; and
79 (III) for the purpose of constructing, repairing, or maintaining roads; or
80 (C) special service districts established:
81 (I) by counties;
82 (II) under Title 17D, Chapter 1, Special Service District Act; and
83 (III) for other purposes authorized by statute.
84 (ii) The Department of Transportation shall allocate the funds specified in Subsection
85 (2)(h)(i):
86 (A) in amounts proportionate to the amount of mineral lease money generated by each
87 county; and
88 (B) to a county or special service district established by a county under Title 17D,
89 Chapter 1, Special Service District Act, as determined by the county legislative body.
90 (i) (i) The Legislature shall annually appropriate 5% of all deposits made to the
91 Mineral Lease Account to the Department of Workforce Services to be distributed to:
92 (A) special service districts established:
93 (I) by counties;
94 (II) under Title 17D, Chapter 1, Special Service District Act; and
95 (III) for the purpose of constructing, repairing, or maintaining roads; or
96 (B) special service districts established:
97 (I) by counties;
98 (II) under Title 17D, Chapter 1, Special Service District Act; and
99 (III) for other purposes authorized by statute.
100 (ii) The Department of Workforce Services may distribute the amounts described in
101 Subsection (2)(i)(i) only to special service districts established under Title 17D, Chapter 1,
102 Special Service District Act, by counties:
103 (A) of the third, fourth, fifth, or sixth class;
104 (B) in which 4.5% or less of the mineral lease money within the state is generated; and
105 (C) that are significantly socially or economically impacted as provided in Subsection
106 (2)(i)(iii) by the development of minerals under the Mineral Lands Leasing Act, 30 U.S.C. Sec.
107 181 et seq.
108 (iii) The significant social or economic impact required under Subsection (2)(i)(ii)(C)
109 shall be as a result of:
110 (A) the transportation within the county of hydrocarbons, including solid hydrocarbons
111 as defined in Section 59-5-101;
112 (B) the employment of persons residing within the county in hydrocarbon extraction,
113 including the extraction of solid hydrocarbons as defined in Section 59-5-101; or
114 (C) a combination of Subsections (2)(i)(iii)(A) and (B).
115 (iv) For purposes of distributing the appropriations under this Subsection (2)(i) to
116 special service districts established by counties under Title 17D, Chapter 1, Special Service
117 District Act, the Department of Workforce Services shall:
118 (A) (I) allocate 50% of the appropriations equally among the counties meeting the
119 requirements of Subsections (2)(i)(ii) and (iii); and
120 (II) allocate 50% of the appropriations based on the ratio that the population of each
121 county meeting the requirements of Subsections (2)(i)(ii) and (iii) bears to the total population
122 of all of the counties meeting the requirements of Subsections (2)(i)(ii) and (iii); and
123 (B) after making the allocations described in Subsection (2)(i)(iv)(A), distribute the
124 allocated revenues to special service districts established by the counties under Title 17D,
125 Chapter 1, Special Service District Act, as determined by the executive director of the
126 Department of Workforce Services after consulting with the county legislative bodies of the
127 counties meeting the requirements of Subsections (2)(i)(ii) and (iii).
128 (v) The executive director of the Department of Workforce Services:
129 (A) shall determine whether a county meets the requirements of Subsections (2)(i)(ii)
130 and (iii);
131 (B) shall distribute the appropriations under Subsection (2)(i)(i) to special service
132 districts established by counties under Title 17D, Chapter 1, Special Service District Act, that
133 meet the requirements of Subsections (2)(i)(ii) and (iii); and
134 (C) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
135 may make rules:
136 (I) providing a procedure for making the distributions under this Subsection (2)(i) to
137 special service districts; and
138 (II) defining the term "population" for purposes of Subsection (2)(i)(iv).
139 (j) (i) The Legislature shall annually make the following appropriations from the
140 Mineral Lease Account:
141 (A) an amount equal to 52 cents multiplied by the number of acres of school or
142 institutional trust lands, lands owned by the Division of Parks and Recreation, and lands owned
143 by the Division of Wildlife Resources that are not under an in lieu of taxes contract, to each
144 county in which those lands are located;
145 (B) to each county in which school or institutional trust lands are transferred to the
146 federal government after December 31, 1992, an amount equal to the number of transferred
147 acres in the county multiplied by a payment per acre equal to the difference between 52 cents
148 per acre and the per acre payment made to that county in the most recent payment under the
149 federal payment in lieu of taxes program, 31 U.S.C. Sec. 6901 et seq., unless the federal
150 payment was equal to or exceeded the 52 cents per acre, in which case a payment under this
151 Subsection (2)(j)(i)(B) may not be made for the transferred lands;
152 (C) to each county in which federal lands, which are entitlement lands under the federal
153 in lieu of taxes program, are transferred to the school or institutional trust, an amount equal to
154 the number of transferred acres in the county multiplied by a payment per acre equal to the
155 difference between the most recent per acre payment made under the federal payment in lieu of
156 taxes program and 52 cents per acre, unless the federal payment was equal to or less than 52
157 cents per acre, in which case a payment under this Subsection (2)(j)(i)(C) may not be made for
158 the transferred land; and
159 (D) to a county of the fifth or sixth class, an amount equal to the product of:
160 (I) $1,000; and
161 (II) the number of residences described in Subsection (2)(j)(iv) that are located within
162 the county.
163 (ii) A county receiving money under Subsection (2)(j)(i) may, as determined by the
164 county legislative body, distribute the money or a portion of the money to:
165 (A) special service districts established by the county under Title 17D, Chapter 1,
166 Special Service District Act;
167 (B) school districts; or
168 (C) public institutions of higher education.
169 (iii) (A) Beginning in fiscal year 1994-95 and in each year after fiscal year 1994-95, the
170 Division of Finance shall increase or decrease the amounts per acre provided for in Subsections
171 (2)(j)(i)(A) through (C) by the average annual change in the Consumer Price Index for all urban
172 consumers published by the Department of Labor.
173 (B) For fiscal years beginning on or after fiscal year 2001-02, the Division of Finance
174 shall increase or decrease the amount described in Subsection (2)(j)(i)(D)(I) by the average
175 annual change in the Consumer Price Index for all urban consumers published by the
176 Department of Labor.
177 (iv) Residences for purposes of Subsection (2)(j)(i)(D)(II) are residences that are:
178 (A) owned by:
179 (I) the Division of Parks and Recreation; or
180 (II) the Division of Wildlife Resources;
181 (B) located on lands that are owned by:
182 (I) the Division of Parks and Recreation; or
183 (II) the Division of Wildlife Resources; and
184 (C) are not subject to taxation under:
185 (I) Chapter 2, Property Tax Act; or
186 (II) Chapter 4, Privilege Tax.
187 (k) The Legislature shall annually appropriate to the Permanent Community Impact
188 Fund all deposits remaining in the Mineral Lease Account after making the appropriations
189 provided for in Subsections (2)(d) through (j).
190 (3) (a) Each agency, board, institution of higher education, and political subdivision
191 receiving money under this chapter shall provide the Legislature, through the Office of the
192 Legislative Fiscal Analyst, with a complete accounting of the use of that money on an annual
193 basis.
194 (b) The accounting required under Subsection (3)(a) shall:
195 (i) include actual expenditures for the prior fiscal year, budgeted expenditures for the
196 current fiscal year, and planned expenditures for the following fiscal year; and
197 (ii) be reviewed by the Business, Economic Development, and Labor Appropriations
198 Subcommittee as part of its normal budgetary process under Title 63J, Chapter 1, Budgetary
199 Procedures Act.
200 Section 2. Section 63J-1-314 is amended to read:
201 63J-1-314. Deposits related to the Wildland Fire Suppression Fund and the
202 Disaster Recovery Funding Act.
203 (1) As used in this section, "operating deficit" means that, at the end of the fiscal year,
204 the unassigned fund balance in the General Fund is less than zero.
205 (2) Except as provided under Subsection (3), at the end of each fiscal year, the Division
206 of Finance shall, after the transfer of General Fund revenue surplus has been made to the
207 Medicaid Growth Reduction and Budget Stabilization Account, as provided in Section
208 63J-1-315, and the General Fund Budget Reserve Account, as provided in Section 63J-1-312,
209 transfer:
210 (a) $4,000,000 to the Wildland Fire Suppression Fund created in Section 65A-8-204,
211 not to exceed the cap described in Subsection 65A-8-204(5); and
212 (b) an amount into the State Disaster Recovery Restricted Account, created in Section
213 53-2a-603, from the General Fund revenue surplus as defined in Section 63J-1-312, calculated
214 by:
215 [
216 the Medicaid Growth Reduction and Budget Stabilization Account under Section 63J-1-315
217 [
218 the Wildland Fire Suppression Fund as described in Subsection (2)(a);
219 [
220 [
221 [
222 in which the surplus occurs; and
223 [
224 to the lesser of:
225 [
226 [
227 (2)(b)(iii), any amount appropriated from the State Disaster Recovery Restricted Account
228 within 10 fiscal years before the fiscal year in which the surplus occurs if:
229 [
230 [
231 Restricted Account that is not replaced by appropriation or as provided in this Subsection
232 [
233 (3) Notwithstanding Subsection (2), if, at the end of a fiscal year, the Division of
234 Finance determines that an operating deficit exists, the division shall reduce the transfer to the
235 State Disaster Recovery Restricted Account by the amount necessary to eliminate the operating
236 deficit.
237 Section 3. Section 63J-1-315 is amended to read:
238 63J-1-315. Medicaid Growth Reduction and Budget Stabilization Account --
239 Transfers of Medicaid growth savings -- Base budget adjustments.
240 (1) As used in this section:
241 (a) "Department" means the Department of Health created in Section 26-1-4.
242 (b) "Division" means the Division of Health Care Financing created within the
243 department under Section 26-18-2.1.
244 (c) "General Fund revenue surplus" means a situation where actual General Fund
245 revenues collected in a completed fiscal year exceed the estimated revenues for the General
246 Fund for that fiscal year that were adopted by the Executive Appropriations Committee of the
247 Legislature.
248 (d) "Medicaid growth savings" means the Medicaid growth target minus Medicaid
249 program expenditures, if Medicaid program expenditures are less than the Medicaid growth
250 target.
251 (e) "Medicaid growth target" means Medicaid program expenditures for the previous
252 year multiplied by 1.08.
253 (f) "Medicaid program" is as defined in Section 26-18-2.
254 (g) "Medicaid program expenditures" means total state revenue expended for the
255 Medicaid program from the General Fund, including restricted accounts within the General
256 Fund, during a fiscal year.
257 (h) "Medicaid program expenditures for the previous year" means total state revenue
258 expended for the Medicaid program from the General Fund, including restricted accounts
259 within the General Fund, during the fiscal year immediately preceding a fiscal year for which
260 Medicaid program expenditures are calculated.
261 (i) "Operating deficit" means that, at the end of the fiscal year, the unassigned fund
262 balance in the General Fund is less than zero.
263 (j) "State revenue" means revenue other than federal revenue.
264 (k) "State revenue expended for the Medicaid program" includes money transferred or
265 appropriated to the Medicaid Growth Reduction and Budget Stabilization Account only to the
266 extent the money is appropriated for the Medicaid program by the Legislature.
267 (2) There is created within the General Fund a restricted account to be known as the
268 Medicaid Growth Reduction and Budget Stabilization Account.
269 (3) (a) (i) Except as provided in Subsection (6), if, at the end of a fiscal year, there is a
270 General Fund revenue surplus, the Division of Finance shall transfer an amount equal to
271 Medicaid growth savings from the General Fund to the Medicaid Growth Reduction and
272 Budget Stabilization Account.
273 (ii) If the amount transferred is reduced to prevent an operating deficit, as provided in
274 Subsection (6), the Legislature shall include, to the extent revenue is available, an amount
275 equal to the reduction as an appropriation from the General Fund to the account in the base
276 budget for the second fiscal year following the fiscal year for which the reduction was made.
277 (b) If, at the end of a fiscal year, there is not a General Fund revenue surplus, the
278 Legislature shall include, to the extent revenue is available, an amount equal to Medicaid
279 growth savings as an appropriation from the General Fund to the account in the base budget for
280 the second fiscal year following the fiscal year for which the reduction was made.
281 (c) Subsections (3)(a) and (3)(b) apply only to the fiscal year in which the department
282 implements the proposal developed under Section 26-18-405 to reduce the long-term growth in
283 state expenditures for the Medicaid program, and to each fiscal year after that year.
284 (4) The Division of Finance shall calculate the amount to be transferred under
285 Subsection (3):
286 (a) before transferring revenue from the General Fund revenue surplus to:
287 (i) the General Fund Budget Reserve Account under Section 63J-1-312; [
288 (ii) the Wildland Fire Suppression Fund created in Section 65A-8-204, as described in
289 Section 63J-1-314; and
290 [
291 (b) before earmarking revenue from the General Fund revenue surplus to the Industrial
292 Assistance Account under Section 63N-3-106; and
293 (c) before making any other year-end contingency appropriations, year-end set-asides,
294 or other year-end transfers required by law.
295 (5) (a) If, at the close of any fiscal year, there appears to be insufficient money to pay
296 additional debt service for any bonded debt authorized by the Legislature, the Division of
297 Finance may hold back from any General Fund revenue surplus money sufficient to pay the
298 additional debt service requirements resulting from issuance of bonded debt that was
299 authorized by the Legislature.
300 (b) The Division of Finance may not spend the hold back amount for debt service
301 under Subsection (5)(a) unless and until it is appropriated by the Legislature.
302 (c) If, after calculating the amount for transfer under Subsection (3), the remaining
303 General Fund revenue surplus is insufficient to cover the hold back for debt service required by
304 Subsection (5)(a), the Division of Finance shall reduce the transfer to the Medicaid Growth
305 Reduction and Budget Stabilization Account by the amount necessary to cover the debt service
306 hold back.
307 (d) Notwithstanding Subsections (3) and (4), the Division of Finance shall hold back
308 the General Fund balance for debt service authorized by this Subsection (5) before making any
309 transfers to the Medicaid Growth Reduction and Budget Stabilization Account or any other
310 designation or allocation of General Fund revenue surplus.
311 (6) Notwithstanding Subsections (3) and (4), if, at the end of a fiscal year, the Division
312 of Finance determines that an operating deficit exists and that holding back earmarks to the
313 Industrial Assistance Account under Section 63N-3-106, transfers to the Wildland Fire
314 Suppression Fund and State Disaster Recovery Restricted Account under Section 63J-1-314,
315 transfers to the General Fund Budget Reserve Account under Section 63J-1-312, or earmarks
316 and transfers to more than one of those accounts, in that order, does not eliminate the operating
317 deficit, the Division of Finance may reduce the transfer to the Medicaid Growth Reduction and
318 Budget Stabilization Account by the amount necessary to eliminate the operating deficit.
319 (7) The Legislature may appropriate money from the Medicaid Growth Reduction and
320 Budget Stabilization Account only:
321 (a) if Medicaid program expenditures for the fiscal year for which the appropriation is
322 made are estimated to be 108% or more of Medicaid program expenditures for the previous
323 year; and
324 (b) for the Medicaid program.
325 (8) The Division of Finance shall deposit interest or other earnings derived from
326 investment of Medicaid Growth Reduction and Budget Stabilization Account money into the
327 General Fund.
328 Section 4. Section 63J-3-103 is amended to read:
329 63J-3-103. Definitions.
330 As used in this chapter:
331 (1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
332 from unrestricted General Fund and Education Fund sources.
333 (b) "Appropriations" includes appropriations that are contingent upon available
334 surpluses in the General Fund and Education Fund.
335 (c) "Appropriations" does not mean:
336 (i) public education expenditures;
337 (ii) Utah Education and Telehealth Network expenditures in support of public
338 education;
339 (iii) Utah College of Applied Technology expenditures in support of public education;
340 (iv) Tax Commission expenditures related to collection of income taxes in support of
341 public education;
342 (v) debt service expenditures;
343 (vi) emergency expenditures;
344 (vii) expenditures from all other fund or subfund sources;
345 (viii) transfers or appropriations from the Education Fund to the Uniform School Fund;
346 (ix) transfers into, or appropriations made to, the General Fund Budget Reserve
347 Account established in Section 63J-1-312;
348 (x) transfers into, or appropriations made to, the Education Budget Reserve Account
349 established in Section 63J-1-313;
350 (xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to the
351 Wildland Fire Suppression Fund created in Section 65A-8-204 or the State Disaster Recovery
352 Restricted Account created in Section 53-2a-603;
353 (xii) money appropriated to fund the total one-time project costs for the construction of
354 capital developments as defined in Section 63A-5-104;
355 (xiii) transfers or deposits into or appropriations made to the Centennial Highway Fund
356 created by Section 72-2-118;
357 (xiv) transfers or deposits into or appropriations made to the Transportation Investment
358 Fund of 2005 created by Section 72-2-124;
359 (xv) transfers or deposits into or appropriations made to:
360 (A) the Department of Transportation from any source; or
361 (B) any transportation-related account or fund from any source; or
362 (xvi) supplemental appropriations from the General Fund to the Division of Forestry,
363 Fire, and State Lands to provide money for wildland fire control expenses incurred during the
364 current or previous fire years.
365 (2) "Base year real per capita appropriations" means the result obtained for the state by
366 dividing the fiscal year 1985 actual appropriations of the state less debt money by:
367 (a) the state's July 1, 1983 population; and
368 (b) the fiscal year 1983 inflation index divided by 100.
369 (3) "Calendar year" means the time period beginning on January 1 of any given year
370 and ending on December 31 of the same year.
371 (4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
372 expenditures and includes the settlement under Laws of Utah 1988, Fourth Special Session,
373 Chapter 4.
374 (5) "Fiscal year" means the time period beginning on July 1 of any given year and
375 ending on June 30 of the subsequent year.
376 (6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
377 capital and operations appropriations from General Fund and non-Uniform School Fund
378 income tax revenue sources, less debt money.
379 (7) "Inflation index" means the change in the general price level of goods and services
380 as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
381 Analysis, U.S. Department of Commerce calculated as provided in Section 63J-3-202.
382 (8) (a) "Maximum allowable appropriations limit" means the appropriations that could
383 be, or could have been, spent in any given year under the limitations of this chapter.
384 (b) "Maximum allowable appropriations limit" does not mean actual appropriations
385 spent or actual expenditures.
386 (9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
387 fiscal years previous to the fiscal year for which the maximum allowable inflation and
388 population appropriations limit is being computed under this chapter.
389 (10) "Most recent fiscal year's population" means the fiscal year population two fiscal
390 years previous to the fiscal year for which the maximum allowable inflation and population
391 appropriations limit is being computed under this chapter.
392 (11) "Population" means the number of residents of the state as of July 1 of each year
393 as calculated by the Governor's Office of Management and Budget according to the procedures
394 and requirements of Section 63J-3-202.
395 (12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
396 other monetary exaction and interest connected with it that are recorded as unrestricted revenue
397 of the General Fund and from non-Uniform School Fund income tax revenues, except as
398 specifically exempted by this chapter.
399 (13) "Security" means any bond, note, warrant, or other evidence of indebtedness,
400 whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
401 "indebtedness" within the meaning of any provision of the constitution or laws of this state.
402 Section 5. Section 63N-3-106 is amended to read:
403 63N-3-106. Loans, grants, and assistance -- Repayment -- Earned credits.
404 (1) (a) A company that qualifies under Section 63N-3-105 may receive loans, grants, or
405 other financial assistance from the Industrial Assistance Account for expenses related to
406 establishment, relocation, or development of industry in Utah.
407 (b) A company creating an economic impediment that qualifies under Section
408 63N-3-108 may in accordance with this part receive loans, grants, or other financial assistance
409 from the restricted account for the expenses of the company creating an economic impediment
410 related to:
411 (i) relocation to a rural area in Utah of the company creating an economic impediment;
412 and
413 (ii) the siting of a replacement company.
414 (c) An entity offering an economic opportunity that qualifies under Section 63N-3-109
415 may:
416 (i) receive loans, grants, or other financial assistance from the restricted account for
417 expenses related to the establishment, relocation, retention, or development of industry in the
418 state; and
419 (ii) include infrastructure or other economic development precursor activities that act
420 as a catalyst and stimulus for economic activity likely to lead to the maintenance or
421 enlargement of the state's tax base.
422 (2) (a) Subject to Subsection (2)(b), the administrator has authority to determine the
423 structure, amount, and nature of any loan, grant, or other financial assistance from the restricted
424 account.
425 (b) Loans made under Subsection (2)(a) shall be structured so the intended repayment
426 or return to the state, including cash or credit, equals at least the amount of the assistance
427 together with an annual interest charge as negotiated by the administrator.
428 (c) Payments resulting from grants awarded from the restricted account shall be made
429 only after the administrator has determined that the company has satisfied the conditions upon
430 which the payment or earned credit was based.
431 (3) (a) (i) Except as provided in Subsection (3)(b), the administrator may provide for a
432 system of earned credits that may be used to support grant payments or in lieu of cash
433 repayment of a restricted account loan obligation.
434 (ii) The value of the credits described in Subsection (3)(a)(i) shall be based on factors
435 determined by the administrator, including:
436 (A) the number of Utah jobs created;
437 (B) the increased economic activity in Utah; or
438 (C) other events and activities that occur as a result of the restricted account assistance.
439 (b) (i) The administrator shall provide for a system of credits to be used to support
440 grant payments or in lieu of cash repayment of a restricted account loan when loans are made to
441 a company creating an economic impediment.
442 (ii) The value of the credits described in Subsection (3)(b)(i) shall be based on factors
443 determined by the administrator, including:
444 (A) the number of Utah jobs created;
445 (B) the increased economic activity in Utah; or
446 (C) other events and activities that occur as a result of the restricted account assistance.
447 (4) (a) A cash loan repayment or other cash recovery from a company receiving
448 assistance under this section, including interest, shall be deposited into the restricted account.
449 (b) The administrator and the Division of Finance shall determine the manner of
450 recognizing and accounting for the earned credits used in lieu of loan repayments or to support
451 grant payments as provided in Subsection (3).
452 (5) (a) (i) At the end of each fiscal year, the Division of Finance shall set aside the
453 balance of the General Fund revenue surplus as defined in Section 63J-1-312 after the transfers
454 of General Fund revenue surplus described in Subsection (5)(b) to the Industrial Assistance
455 Account in an amount equal to any credit that has accrued under this part.
456 (ii) The set aside under Subsection (5)(a)(i) shall be capped at $50,000,000, at which
457 time no subsequent contributions may be made and any interest accrued above the $50,000,000
458 cap shall be deposited into the General Fund.
459 (b) The set aside required by Subsection (5)(a) shall be made after the transfer of
460 surplus General Fund revenue surplus is made:
461 (i) to the Medicaid Growth Reduction and Budget Stabilization Restricted Account, as
462 provided in Section 63J-1-315;
463 (ii) to the General Fund Budget Reserve Account, as provided in Section 63J-1-312;
464 and
465 (iii) to the Wildland Fire Suppression Fund or State Disaster Recovery Restricted
466 Account, as provided in Section 63J-1-314.
467 (c) These credit amounts may not be used for purposes of the restricted account as
468 provided in this part until appropriated by the Legislature.
469 Section 6. Section 65A-8-204 is amended to read:
470 65A-8-204. Wildland Fire Suppression Fund created.
471 (1) There is created [
472 known as the "Wildland Fire Suppression Fund."
473 (2) The fund shall be administered by the division to pay [
474 [
475 (3) The contents of the fund shall include:
476 [
477
478 (a) the balance of the fund as of July 1, 2016;
479 (b) money deposited by the Division of Finance, pursuant to Section 59-21-2;
480 (c) money transferred by the Division of Finance, pursuant to Section 63J-1-312;
481 (d) costs recovered from successful investigations;
482 (e) federal funds received by the division for wildfire management costs;
483 (f) suppression costs paid to the division from another state agency;
484 (g) costs recovered from settlements and civil actions related to wildfire suppression;
485 [
486 [
487 (4) Fund money shall be invested by the state treasurer with the earnings and interest
488 accruing to the fund.
489 (5) [
490 [
491
492
493 [
494
495 Section 7. Appropriation.
496 Under the terms and conditions of Utah Code Title 63J Chapter 1, Budgetary
497 Procedures Act, for the fiscal year beginning July 1, 2016, and ending June 30, 2017, the
498 following sums of money are appropriated from resources not otherwise appropriated, or
499 reduced from amounts previously appropriated, out of the funds or accounts indicated. These
500 are additions to amounts previously appropriated for fiscal year 2017.
501 To Wildland Fire Suppression Fund
502 From Mineral Bonus Account -- One-time
$2,000,000
503 Schedule of Programs:
504 Wildland Fire Suppression Fund $2,000,000