1     
JORDAN RIVER RECREATION AREA FUNDING

2     
MANAGEMENT

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Mike Winder

6     
Senate Sponsor: Wayne A. Harper

7     

8     LONG TITLE
9     Committee Note:
10          The Natural Resources, Agriculture, and Environment Interim Committee
11     recommended this bill.
12               Legislative Vote:     13 voting for     0 voting against     6 absent
13     General Description:
14          This bill addresses the Jordan River Recreation Area.
15     Highlighted Provisions:
16          This bill:
17          ▸     clarifies that the Division of Forestry, Fire, and State Lands manages the money
18     appropriated to programs related to the Jordan River Recreation Area;
19          ▸     provides that the money appropriated to programs related to the Jordan River
20     Recreation Area are nonlapsing; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          63J-1-602.2, as last amended by Laws of Utah 2019, Chapters 136, 326, 468, and 469
29          65A-2-8, as last amended by Laws of Utah 2019, Chapter 113
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 63J-1-602.2 is amended to read:
33          63J-1-602.2. List of nonlapsing appropriations to programs.
34          Appropriations made to the following programs are nonlapsing:
35          (1) The Legislature and its committees.
36          (2) The Percent-for-Art Program created in Section 9-6-404.
37          (3) The LeRay McAllister Critical Land Conservation Program created in Section
38     11-38-301.
39          (4) Dedicated credits accrued to the Utah Marriage Commission as provided under
40     Subsection 17-16-21(2)(d)(ii).
41          (5) The Trip Reduction Program created in Section 19-2a-104.
42          (6) The Division of Wildlife Resources for the appraisal and purchase of lands under
43     the Pelican Management Act, as provided in Section 23-21a-6.
44          (7) The primary care grant program created in Section 26-10b-102.
45          (8) Sanctions collected as dedicated credits from Medicaid provider under Subsection
46     26-18-3(7).
47          (9) The Utah Health Care Workforce Financial Assistance Program created in Section
48     26-46-102.
49          (10) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
50          (11) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
51          (12) Funds that the Department of Alcoholic Beverage Control retains in accordance
52     with Subsection 32B-2-301(7)(a) or (b).
53          (13) The General Assistance program administered by the Department of Workforce
54     Services, as provided in Section 35A-3-401.
55          (14) A new program or agency that is designated as nonlapsing under Section
56     36-24-101.
57          (15) The Utah National Guard, created in Title 39, Militia and Armories.
58          (16) The State Tax Commission under Section 41-1a-1201 for the:

59          (a) purchase and distribution of license plates and decals; and
60          (b) administration and enforcement of motor vehicle registration requirements.
61          (17) The Search and Rescue Financial Assistance Program, as provided in Section
62     53-2a-1102.
63          (18) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
64          (19) The State Board of Regents for teacher preparation programs, as provided in
65     Section 53B-6-104.
66          (20) The Medical Education Program administered by the Medical Education Council,
67     as provided in Section 53B-24-202.
68          (21) The State Board of Education, as provided in Section 53F-2-205.
69          (22) The Division of Services for People with Disabilities, as provided in Section
70     62A-5-102.
71          (23) The Division of Fleet Operations for the purpose of upgrading underground
72     storage tanks under Section 63A-9-401.
73          (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
74          (25) Appropriations to the Department of Technology Services for technology
75     innovation as provided under Section 63F-4-202.
76          (26) The Office of Administrative Rules for publishing, as provided in Section
77     63G-3-402.
78          (27) The Utah Science Technology and Research Initiative created in Section
79     63M-2-301.
80          (28) The Governor's Office of Economic Development to fund the Enterprise Zone
81     Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
82          (29) Appropriations to fund the Governor's Office of Economic Development's Rural
83     Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
84     Employment Expansion Program.
85          (30) Appropriations to fund programs for the Jordan River Recreation Area as
86     described in Section 65A-2-8.
87          [(30)] (31) The Department of Human Resource Management user training program, as
88     provided in Section 67-19-6.
89          [(31)] (32) A public safety answering point's emergency telecommunications service

90     fund, as provided in Section 69-2-301.
91          [(32)] (33) The Traffic Noise Abatement Program created in Section 72-6-112.
92          [(33)] (34) The Judicial Council for compensation for special prosecutors, as provided
93     in Section 77-10a-19.
94          [(34)] (35) A state rehabilitative employment program, as provided in Section
95     78A-6-210.
96          [(35)] (36) The Utah Geological Survey, as provided in Section 79-3-401.
97          [(36)] (37) The Bonneville Shoreline Trail Program created under Section 79-5-503.
98          [(37)] (38) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
99     and 78B-6-144.5.
100          [(38)] (39) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
101     Defense Commission.
102          [(39)] (40) The program established by the Division of Facilities Construction and
103     Management under Subsection 63A-5-228(3) under which state agencies receive an
104     appropriation and pay lease payments for the use and occupancy of buildings owned by the
105     Division of Facilities Construction and Management.
106          Section 2. Section 65A-2-8 is amended to read:
107          65A-2-8. Jordan River improvement projects.
108          (1) As used in this section:
109          (a) "Commission" means the Jordan River Commission created by interlocal
110     agreement.
111          (b) "Zone" means the Jordan River Recreation Area, the area 250 yards on each side of
112     the Jordan River from the edge of the river between SR-201 and 4800 South.
113          (2) The division, subject to applicable federal, state, and local laws and ordinances and
114     Subsections (3) and (4), may:
115          (a) expend money for the following purposes:
116          (i) enhancing safety, recreation, and conservation in the zone;
117          (ii) capital improvements within the zone, including:
118          (A) lighting along the Jordan River and within the zone;
119          (B) completing construction of a paved pathway on both sides of the Jordan River
120     within the zone;

121          (C) building a boat launch, picnic pavilion, bench, restroom, or other amenity within
122     the zone; and
123          (D) supporting Tracy Aviary, a nature area, bike or boat rental concessionaire, or other
124     partnerships to enhance recreation in the zone;
125          (iii) funding programs to clean the zone, remove invasive species, and restore riparian
126     habitat;
127          (iv) hiring or contracting for personnel to perform tasks as directed by the commission;
128          (v) partnering or contracting with an urban ranger or conservation corp operated by a
129     state institution of higher education or similar service-oriented organizations or programs:
130          (A) to provide trail, river, and parkway maintenance, invasive species removal and
131     revegetation, emergency care, and environmental education for the area 250 yards on each side
132     of the Jordan River from the edge of the river for the entire length of the river; and
133          (B) to report to the appropriate public official all health, safety, or law enforcement
134     concerns that the organization encounters, as directed by the commission; and
135          (vi) partnering or contracting with local law enforcement or a certified peace officer to
136     provide patrol, security, and law enforcement for the area 250 yards on each side of the Jordan
137     River from the edge of the river for the entire length of the river; and
138          (b) purchase, lease, sell, or dispose of property or an easement within the zone to
139     achieve the goals in Subsection (2)(a).
140          (3) (a) Before engaging in any activity described in Subsections (2)(a)(i) through
141     (2)(a)(iii) or Subsection (2)(b), the division shall receive the approval of:
142          (i) the commission;
143          (ii) any relevant governmental entity that owns or is responsible for the maintenance of
144     real property within the zone, including Salt Lake County Flood Control; and
145          (iii) the relevant municipality within the zone.
146          (b) Before engaging in any activity described in Subsections (2)(a)(iv) through
147     (2)(a)(vi), the division shall:
148          (i) receive the approval of the commission; and
149          (ii) consult with:
150          (A) any relevant governmental entity that owns or is responsible for the maintenance of
151     real property within the zone; and

152          (B) the relevant municipality within the zone.
153          (4) (a) The programs described in this section may only be implemented as
154     appropriations from the Legislature allow.
155          (b) Money appropriated to programs in this section are managed by the division in
156     accordance with this section.
157          (c) Money that the Legislature appropriates to programs described in this section are
158     nonlapsing in accordance with Section 63J-1-602.2.