Representative Brady Brammer proposes the following substitute bill:


1     
UTAH LAKE AUTHORITY

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brady Brammer

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions relating to the Utah Lake Authority.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates the Utah Lake Authority;
13          ▸     defines the status of the Utah Lake Authority and provides for the Authority's
14     purposes, powers, duties, policies, and objectives;
15          ▸     establishes a board to govern the Utah Lake Authority and provides for board
16     membership, appointment, terms, duties, and responsibilities;
17          ▸     authorizes the board to appoint nonvoting members, board officers, and advisory
18     committees;
19          ▸     prohibits certain individuals from serving as a member of the board or executive
20     director and prohibits board members and the executive director from receiving
21     certain benefits;
22          ▸     provides for the hiring of an executive director, defines the executive director's role,
23     and provides for the qualifications and duties of the executive director;
24          ▸     requires the attorney general to provide legal services to the lake authority;
25          ▸     provides a process for the adoption and amendment of a project area plan and a

26     project area budget;
27          ▸     provides for the Utah Lake Authority to be paid certain sales tax revenue and other
28     sources of revenue, and provides for the allowable uses of revenue;
29          ▸     authorizes the Utah Lake Authority to issue bonds and includes provisions related to
30     bonds;
31          ▸     requires the Utah Lake Authority board to adopt an annual budget and provides a
32     process for preparing and adopting or amending a budget;
33          ▸     requires the Utah Lake Authority to provide reports and requires the Authority to
34     comply with audit requirements;
35          ▸     provides limits on the dissolution of the Utah Lake Authority and requirements if a
36     dissolution occurs; and
37          ▸     repeals provisions relating to the authority of the Division of Forestry, Fire, and
38     State Lands for the restoration of Utah Lake and gives some of that authority to the
39     Utah Lake Authority.
40     Money Appropriated in this Bill:
41          None
42     Other Special Clauses:
43          This bill provides a coordination clause.
44     Utah Code Sections Affected:
45     AMENDS:
46          59-12-205, as last amended by Laws of Utah 2019, Chapters 17, 136, and 399
47          63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
48     303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
49     of Utah 2020, Chapter 360
50          63J-1-602.2, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
51     ENACTS:
52          11-65-101, Utah Code Annotated 1953
53          11-65-102, Utah Code Annotated 1953
54          11-65-103, Utah Code Annotated 1953
55          11-65-104, Utah Code Annotated 1953
56          11-65-201, Utah Code Annotated 1953

57          11-65-202, Utah Code Annotated 1953
58          11-65-203, Utah Code Annotated 1953
59          11-65-204, Utah Code Annotated 1953
60          11-65-205, Utah Code Annotated 1953
61          11-65-206, Utah Code Annotated 1953
62          11-65-207, Utah Code Annotated 1953
63          11-65-208, Utah Code Annotated 1953
64          11-65-301, Utah Code Annotated 1953
65          11-65-302, Utah Code Annotated 1953
66          11-65-303, Utah Code Annotated 1953
67          11-65-304, Utah Code Annotated 1953
68          11-65-305, Utah Code Annotated 1953
69          11-65-401, Utah Code Annotated 1953
70          11-65-402, Utah Code Annotated 1953
71          11-65-403, Utah Code Annotated 1953
72          11-65-404, Utah Code Annotated 1953
73          11-65-405, Utah Code Annotated 1953
74          11-65-501, Utah Code Annotated 1953
75          11-65-502, Utah Code Annotated 1953
76          11-65-503, Utah Code Annotated 1953
77          11-65-504, Utah Code Annotated 1953
78          11-65-505, Utah Code Annotated 1953
79          11-65-506, Utah Code Annotated 1953
80          11-65-601, Utah Code Annotated 1953
81          11-65-602, Utah Code Annotated 1953
82          11-65-603, Utah Code Annotated 1953
83          11-65-604, Utah Code Annotated 1953
84          11-65-605, Utah Code Annotated 1953
85          11-65-606, Utah Code Annotated 1953
86          11-65-701, Utah Code Annotated 1953
87     Utah Code Sections Affected by Coordination Clause:

88          11-65-208, Utah Code Annotated 1953
89     

90     Be it enacted by the Legislature of the state of Utah:
91          Section 1. Section 11-65-101 is enacted to read:
92     
CHAPTER 65. UTAH LAKE AUTHORITY ACT

93     
Part 1. General Provisions

94          11-65-101. Title.
95          This chapter is known as the "Utah Lake Authority Act."
96          Section 2. Section 11-65-102 is enacted to read:
97          11-65-102. Definitions.
98          As used in this chapter:
99          (1) "Adjacent political subdivision" means a political subdivision of the state with a
100     boundary that abuts the lake authority boundary or includes lake authority land.
101          (2) "Board" means the lake authority's governing body, created in Section 11-65-301.
102          (3) "Lake authority" means the Utah Lake Authority, created in Section 11-65-201.
103          (4) "Lake authority boundary" means the boundary around Utah Lake defined by the
104     line of compromise at 4,489 feet above sea level.
105          (5) "Lake authority land" means all land, whether or not submerged under the waters of
106     Utah Lake, within the lake authority boundary and to which the state has acquired title.
107          (6) "Management" means:
108          (a) work to rehabilitate and improve the quality of Utah Lake and the water of Utah
109     Lake;
110          (b) the excavation, dredging, importation, movement, or other work on land to
111     reconfigure the contours of land or of a lake bed;
112          (c) the demolition, construction, reconstruction, modification, expansion, or
113     improvement of a building, utility, infrastructure, landscape, parking lot, park, trail,
114     recreational amenity, or other facility, including publicly owned infrastructure and
115     improvements; and
116          (d) the planning of, arranging for, or participation in any of the activities listed in
117     Subsection (6)(a), (b), or (c).
118          (7) "Management plan" means a plan to conceptualize, design, facilitate, encourage,

119     and bring about the management of the lake authority land to achieve the policies and
120     objectives described in Section 11-65-203.
121          (8) "Nonvoting member" means an individual appointed as a member of the board
122     under Subsection 11-65-302(6) who does not have the power to vote on matters of lake
123     authority business.
124          (9) "Project area" means an area that is identified in a project area plan as the area of
125     lake authority land where the management described in the project area plan will occur.
126          (10) "Project area budget" means a multiyear projection of annual or cumulative
127     revenues and expenses and other fiscal matters pertaining to the project area.
128          (11) "Project area plan" means a written plan that, after the plan's effective date, guides
129     and controls management within a project area and within any adjacent areas that are included
130     within the scope of a management plan.
131          (12) "Public entity" means:
132          (a) the state, including each department, division, or other agency of the state; or
133          (b) a county, city, town, metro township, school district, local district, special service
134     district, interlocal cooperation entity, community reinvestment agency, or other political
135     subdivision of the state.
136          (13) "Publicly owned infrastructure and improvements":
137          (a) means infrastructure, improvements, facilities, or buildings that:
138          (i) benefit the public; and
139          (ii) (A) are owned by a public entity or a utility; or
140          (B) are publicly maintained or operated by a public entity;
141          (b) includes:
142          (i) facilities, lines, or systems that provide:
143          (A) water, chilled water, or steam; or
144          (B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
145     microgrids, or telecommunications service; and
146          (ii) streets, roads, curbs, gutters, sidewalks, walkways, solid waste facilities, parking
147     facilities, and public transportation facilities.
148          (14) "Voting member" means an individual appointed as a member of the board under
149     Subsection 11-65-302(2).

150          Section 3. Section 11-65-103 is enacted to read:
151          11-65-103. Severability.
152          If a court determines that any provision of this chapter, or the application of any
153     provision of this chapter, is invalid, the remainder of this chapter shall be given effect without
154     the invalid provision or application.
155          Section 4. Section 11-65-104 is enacted to read:
156          11-65-104. Nonlapsing funds.
157          Money the lake authority receives from legislative appropriations is nonlapsing.
158          Section 5. Section 11-65-201 is enacted to read:
159     
Part 2. Utah Lake Authority

160          11-65-201. Creation of Utah Lake Authority -- Status and purposes.
161          (1) Under the authority of Article XI, Section 8 of the Utah Constitution, there is
162     created the Utah Lake Authority.
163          (2) The lake authority is:
164          (a) an independent, nonprofit, separate body corporate and politic, with perpetual
165     succession;
166          (b) a political subdivision of the state; and
167          (c) a public corporation, as defined in Section 63E-1-102.
168          (3) (a) The statewide public purpose of the lake authority is to work in concert with
169     applicable federal, state, and local government entities, property owners, owners of water
170     rights, private parties, and stakeholders to encourage, facilitate, and implement:
171          (i) the rehabilitation of Utah Lake and the waters of Utah Lake; and
172          (ii) the management of the lake authority land to maximize the long-term viability and
173     health of Utah Lake and to produce economic, aesthetic, recreational, and other benefits for the
174     state, consistent with the strategies, policies, and objectives described in this chapter.
175          (b) The duties and responsibilities of the lake authority under this chapter are beyond
176     the scope and capacity of any local government entity, which has many other responsibilities
177     and functions that appropriately command the attention and resources of the local government
178     entity, and are not functions of purely local concern but are matters of regional and statewide
179     concern, importance, interest, and impact, due to multiple factors, including:
180          (i) the importance and benefit to the region and state of a healthy, vibrant, and

181     ecologically sound Utah Lake; and
182          (ii) the enormous potential for regional and statewide economic, aesthetic, recreational,
183     and other benefit that can come from the rehabilitation of Utah Lake and its waters and the
184     appropriate management of the lake authority land.
185          (c) The lake authority is the mechanism the state chooses to focus resources and efforts
186     on behalf of the state to ensure that the regional and statewide interests, concerns, and purposes
187     described in this Subsection (3) are properly addressed from more of a statewide perspective
188     than any local government entity can provide.
189          (4) (a) The lake authority supplants and replaces the Utah Lake Commission,
190     established by interlocal agreement.
191          (b) The Utah Lake Commission shall:
192          (i) cooperate with the lake authority to transition, as soon as practicable, Utah Lake
193     Commission functions to the lake authority, to the extent consistent with this chapter; and
194          (ii) take all necessary actions to dissolve the Utah Lake Commission no later than May
195     1, 2022.
196          (c) The lake authority may, by majority vote of the board, succeed to the position of the
197     Utah Lake Commission in any contract in which the Utah Lake Commission is a party.
198          (d) (i) As part of the transition from the Utah Lake Commission to the lake authority,
199     the lake authority shall offer an employee of the Utah Lake Commission employment with the
200     lake authority in the same or a comparable position and with the same or comparable
201     compensation as the employee had as an employee of the Utah Lake Commission.
202          (ii) Subsection (4)(d)(i) may not be construed to affect the at-will status of an
203     individual who becomes an employee of the lake authority.
204          (e) After the authority board is constituted, an advisory or technical committee
205     established by the Utah Lake Commission shall continue to function under the direction of the
206     board as a subcommittee of the lake authority until the board modifies or discontinues the
207     subcommittee.
208          Section 6. Section 11-65-202 is enacted to read:
209          11-65-202. Lake authority powers and duties.
210          (1) (a) The lake authority has responsibility over planning and coordinating activities
211     relating to the waters of Utah Lake and lake authority land, consistent with the Clean Water

212     Act, 33 U.S.C. Sec. 1251 et seq., and Title 19, Chapter 5, Water Quality Act.
213          (b) The lake authority has exclusive land use authority over the lake authority land.
214          (c) The lake authority shall work with other government entities with jurisdiction over
215     the watershed affecting Utah Lake water to preserve and enhance the quality of water flowing
216     into and out of Utah Lake, subject to and consistent with Title 73, Water and Irrigation.
217          (d) The lake authority:
218          (i) may make recommendations and provide advice to an adjacent political subdivision
219     relating to issues affecting both the lake authority and the adjacent political subdivision; and
220          (ii) has no jurisdictional control or power over an adjacent political subdivision except
221     as provided in an agreement between the lake authority and the adjacent political subdivision.
222          (2) The lake authority may coordinate the efforts of all applicable state and local
223     government entities, property owners, owners of water rights, and other private parties, and
224     other stakeholders to:
225          (a) develop and implement a management plan for the lake authority land, including:
226          (i) an environmental sustainability component, developed in conjunction with the Utah
227     Department of Environmental Quality, incorporating strategies and best practices to meet
228     applicable federal and state standards, including:
229          (A) water quality monitoring and reporting; and
230          (B) strategies that use the best available technology to mitigate environmental impacts
231     from management and uses on the lake authority land;
232          (ii) strategies that preserve:
233          (A) upstream and downstream water use;
234          (B) the use of appropriated water rights; and
235          (C) the quantity and quality of water in tributaries upstream of Utah Lake;
236          (iii) strategies that maximize the aesthetic qualities and recreational use and enjoyment
237     of Utah Lake; and
238          (iv) strategies that maximize economic development on lake authority land;
239          (b) plan and facilitate the management of Utah Lake uses on lake authority land; and
240          (c) manage any land owned or leased by the lake authority.
241          (3) The lake authority may:
242          (a) develop, facilitate, oversee, and implement a plan for the restoration and

243     rehabilitation of Utah Lake and its waters to:
244          (i) restore the clarity and quality of the water in Utah Lake;
245          (ii) conserve water resources in and around Utah Lake;
246          (iii) preserve the water storage and water supply functions of Utah Lake;
247          (iv) remove invasive plant and animal species, including phragmites and carp, from
248     Utah Lake;
249          (v) restore littoral zone and other plant communities in and around Utah Lake;
250          (vi) restore and conserve native fish and other aquatic species in Utah Lake, including
251     Bonneville cutthroat trout and June Sucker;
252          (vii) increase the suitability of Utah Lake and its surrounding areas for shore birds,
253     waterfowl, and other avian species;
254          (viii) improve navigability of Utah Lake;
255          (ix) maximize, enhance, and ensure recreational access and opportunities on Utah
256     Lake;
257          (x) in accordance with Article XVII, Section 1 of the Utah Constitution, preserve
258     current water rights related to water associated with Utah Lake; and
259          (xi) otherwise improve the use of Utah Lake for residents and visitors;
260          (b) facilitate and bring about the management of uses on lake authority land, including
261     engaging in marketing and business recruitment activities and efforts to encourage and
262     facilitate:
263          (i) the improvement of water and environmental quality;
264          (ii) the use of Utah Lake and lake authority land for recreation;
265          (iii) the improvement of economic development on lake authority land; and
266          (iv) other development of the lake authority land consistent with the policies and
267     objectives described in Subsection (2);
268          (c) facilitate and provide funding for the management of the lake authority land,
269     including the development of publicly owned infrastructure and improvements and other
270     infrastructure and improvements on or related to the lake authority land;
271          (d) engage in marketing activities and efforts to encourage and facilitate management
272     of the lake authority land;
273          (e) apply for and take all other necessary actions to acquire any available federal funds

274     to accomplish the policies and objectives described in Subsection (2);
275          (f) as the lake authority considers necessary or advisable to carry out any of its duties or
276     responsibilities under this chapter:
277          (i) buy, obtain an option upon, or otherwise acquire any interest in real or personal
278     property;
279          (ii) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
280     personal property; or
281          (iii) enter into a lease agreement on real or personal property, either as lessee or lessor;
282          (g) sue and be sued;
283          (h) enter into contracts generally;
284          (i) provide funding for the development of publicly owned infrastructure and
285     improvements or other infrastructure and improvements on or related to the lake authority land;
286          (j) exercise powers and perform functions under a contract, as authorized in the
287     contract;
288          (k) accept financial or other assistance from any public or private source for the lake
289     authority's activities, powers, and duties, and expend any funds so received for any of the
290     purposes of this chapter;
291          (l) borrow money, contract with, or accept financial or other assistance from the federal
292     government, a public entity, or any other source for any of the purposes of this chapter and
293     comply with any conditions of the loan, contract, or assistance;
294          (m) issue bonds to finance the undertaking of any management objectives of the lake
295     authority, including bonds under this chapter, bonds under Chapter 17, Utah Industrial
296     Facilities and Development Act, bonds under Chapter 42, Assessment Area Act, and bonds
297     under Chapter 42a, Commercial Property Assessed Clean Energy Act;
298          (n) hire employees, including contract employees;
299          (o) transact other business and exercise all other powers provided for in this chapter;
300          (p) engage one or more consultants to advise or assist the lake authority in the
301     performance of the lake authority's duties and responsibilities;
302          (q) work with adjacent political subdivisions and neighboring property owners and
303     communities to mitigate potential negative impacts from the management of lake authority
304     land;

305          (r) help to facilitate development in a municipality or community reinvestment agency
306     whose boundary abuts the lake authority boundary if the development also benefits the lake
307     authority or the management of lake authority land;
308          (s) own and operate one or more marina facilities if the lake authority considers the
309     lake authority's ownership and operation to be necessary or desirable;
310          (t) subject to Subsection (4), own and operate publicly owned infrastructure and
311     improvements in a project area outside the lake authority land; and
312          (u) exercise powers and perform functions that the lake authority is authorized by
313     statute to exercise or perform.
314          (4) Notwithstanding Subsection (3)(u), the lake authority may not provide service
315     through publicly owned infrastructure and improvements to an area outside the lake authority
316     boundary.
317          (5) The lake authority may consult, coordinate, enter into agreements, or engage in
318     mutually beneficial projects or other activities with a municipality, community reinvestment
319     agency, or adjacent political subdivision, as the board considers appropriate.
320          (6) The lake authority shall:
321          (a) no later than December 31, 2021, prepare an accurate digital map of the lake
322     authority boundary, subject to any later changes to the boundary enacted by the Legislature; and
323          (b) maintain the digital map of the lake authority boundary that is easily accessible by
324     the public.
325          (7) (a) The lake authority may establish a community enhancement program designed
326     to address the impacts that management or uses within the lake authority boundary have on
327     adjacent communities.
328          (b) (i) The lake authority may use lake authority money to support the community
329     enhancement program and to pay for efforts to address the impacts described in Subsection
330     (7)(a).
331          (ii) Lake authority money designated for use under Subsection (7)(b)(i) is exempt from
332     execution or any other process in the collection of a judgment against or debt or other
333     obligation of the lake authority arising out of the lake authority's activities with respect to the
334     community enhancement program.
335          (c) On or before October 31, 2022, the lake authority shall report on the lake authority's

336     actions under this Subsection (7) to:
337          (i) the Infrastructure and General Government Appropriations Subcommittee of the
338     Legislature;
339          (ii) the Natural Resources, Agriculture, and Environmental Quality Appropriations
340     Subcommittee of the Legislature; and
341          (iii) the Natural Resources, Agriculture, and Environment Interim Committee of the
342     Legislature.
343          (8) A marina facility owned by the lake authority is subject to a privilege tax under
344     Title 59, Chapter 4, Privilege Tax.
345          Section 7. Section 11-65-203 is enacted to read:
346          11-65-203. Policies and objectives of the lake authority -- Additional duties of the
347     lake authority.
348          (1) The policies and objectives of the lake authority are to:
349          (a) (i) protect and improve:
350          (A) the quality of Utah Lake's water, consistent with the Clean Water Act, 33 U.S.C.
351     Sec. 1251 et seq., and Title 19, Chapter 5, Water Quality Act;
352          (B) the beneficial uses of the water of Utah Lake; and
353          (C) Utah Lake's environmental quality; and
354          (ii) the quality of Utah Lake's lakebed and sediments;
355          (b) maximize the recreational opportunities afforded by Utah Lake, consistent with
356     existing appropriated water rights in Utah Lake, in tributaries to Utah Lake, and in waters
357     downstream from Utah Lake;
358          (c) maximize long-term economic benefits to the area, the region, and the state;
359          (d) respect and maintain sensitivity to the unique natural environment of areas in and
360     around the lake authority boundary;
361          (e) improve air quality and minimize resource use;
362          (f) comply with existing land use and other agreements and arrangements between
363     property owners and applicable governmental authorities;
364          (g) promote and encourage management and uses that are compatible with or
365     complement uses in areas in proximity to lake authority land;
366          (h) take advantage of the lake authority land's strategic location and other features that

367     make the lake authority land attractive:
368          (i) to residents for recreational purposes;
369          (ii) for tourism and leisure;
370          (iii) for business opportunities; and
371          (iv) for meeting housing needs;
372          (i) encourage the development and use of cost-efficient renewable energy in project
373     areas;
374          (j) support and promote land uses on the lake authority land and land in adjacent
375     political subdivisions that generate economic development, including rural economic
376     development;
377          (k) respect and maintain water rights associated with Utah Lake; and
378          (l) protect and preserve all appropriated water rights in the waters of Utah Lake, in
379     waters tributary to Utah Lake, and in waters downstream from Utah Lake.
380          (2) In fulfilling its duties and responsibilities relating to the management of the lake
381     authority land and to achieve and implement the management policies and objectives under
382     Subsection (1), the lake authority shall:
383          (a) work to identify funding sources, including federal, state, and local government
384     funding and private funding, for capital improvement projects in and around the lake authority
385     land;
386          (b) review and identify land use and zoning policies and practices to recommend to
387     land use policymakers and administrators of adjoining municipalities that are consistent with
388     and will help to achieve the policies and objectives stated in Subsection (1);
389          (c) consult and coordinate with other applicable governmental entities to improve and
390     enhance transportation and other infrastructure and facilities in order to maximize the potential
391     of the lake authority land to attract, retain, and service users who will help maximize the
392     long-term economic benefit to the state; and
393          (d) pursue policies that the board determines are designed to avoid or minimize
394     negative environmental impacts of management.
395          (3) The lake authority shall respect:
396          (a) a permit issued by a governmental entity applicable to lake authority land;
397          (b) a governmental entity's easement or other interest affecting lake authority land; and

398          (c) an agreement between governmental entities, including between a state agency and
399     the federal government, relating to lake authority land.
400          (4) (a) The lake authority may use lake authority money to encourage, incentivize,
401     fund, or require development that:
402          (i) mitigates noise, air pollution, light pollution, surface and groundwater pollution,
403     and other negative environmental impacts;
404          (ii) mitigates traffic congestion; or
405          (iii) uses high efficiency building construction and operation.
406          (b) In consultation with the municipality in which management is expected to occur,
407     the lake authority shall establish minimum mitigation and environmental standards for
408     management occurring on lake authority land.
409          Section 8. Section 11-65-204 is enacted to read:
410          11-65-204. Management plan.
411          (1) (a) The board shall prepare, adopt, and, subject to Subsection (1)(b), implement a
412     management plan.
413          (b) The lake authority may not begin to implement a management plan until April 1,
414     2022.
415          (2) In preparing a management plan, the board shall:
416          (a) consult with and seek and consider input from the legislative or governing body of
417     each adjacent political subdivision; and
418          (b) consider how the interests of adjacent political subdivisions would be affected by
419     implementation of the management plan.
420          (3) A management plan shall:
421          (a) describe in general terms the lake authority's:
422          (i) vision and plan for achieving and implementing the policies and objectives stated in
423     Section 11-65-203; and
424          (ii) overall plan for the management of lake authority land, including an anticipated
425     timetable and any anticipated phases of management;
426          (b) accommodate and advance, without sacrificing the policies and objectives stated in
427     Section 11-65-203, the compatible interests of adjacent political subdivisions;
428          (c) describe in general terms how the lake authority anticipates cooperating with

429     adjacent political subdivisions to pursue mutually beneficial goals in connection with the
430     management of lake authority land; and
431          (d) identify the anticipated sources of revenue for implementing the management plan.
432          (4) (a) Before adopting a management plan, the board shall provide a copy of the
433     proposed management plan to each adjacent political subdivision.
434          (b) An adjacent political subdivision may submit to the board comments or suggestions
435     relating to the proposed management plan.
436          (c) The board shall establish a deadline for submitting comments or suggestions under
437     Subsection (4)(b) that is at least 30 days after the board provides a copy of the proposed
438     management plan under Subsection (4)(a).
439          (d) Before adopting a management plan, the board shall consider comments and
440     suggestions that are submitted by the deadline established under Subsection (4)(c).
441          Section 9. Section 11-65-205 is enacted to read:
442          11-65-205. Succeeding to Division of Forestry, Fire, and State Lands in lake
443     restoration project.
444          (1) As used in this section:
445          (a) "Division" means the Division of Forestry, Fire, and State Lands created in Section
446     65A-1-4.
447          (b) "Restoration project" means a project for the comprehensive restoration of Utah
448     Lake, as provided in Laws of Utah 2018, Chapter 381.
449          (c) "Restoration project agreement" means an agreement under which a restoration
450     project contractor agrees to undertake a restoration project.
451          (d) "Restoration project contractor" means a person who executes a legally binding
452     restoration project agreement with the lake authority.
453          (2) (a) The lake authority:
454          (i) subject to Subsection (2)(b), is substituted in the place of the division with respect
455     to efforts and proceedings undertaken by the division for the establishment of a restoration
456     project agreement; and
457          (ii) may enter into a restoration project agreement if:
458          (A) the lake authority finds that the restoration project will fulfill the purposes of the
459     restoration project listed in Subsection 11-65-202(3)(a); and

460          (B) the restoration project agreement is consistent with the provisions of this chapter.
461          (b) In cooperation and consultation with the lake authority, the division shall continue
462     in the division's current role with respect to permit applications and requests for proposal
463     submitted before May 5, 2021 related to the lake authority land.
464          (3) (a) To the extent consistent with applicable provisions of the Utah Constitution and
465     subject to Subsection (4), a restoration project agreement may provide for the lake authority to
466     dispose of lake authority land as compensation for the execution of a restoration project under
467     the restoration project agreement.
468          (b) In determining whether to agree to the disposition of lake authority land in
469     exchange for the execution of a restoration project, the lake authority shall consider:
470          (i) the potential benefit to the citizens of the state from execution of a restoration
471     project, the desirability of the proposed use of Utah Lake and the surrounding areas as a result
472     of the restoration project, and the enhancement in the usability and enjoyment of Utah Lake
473     and lake authority land that will accrue to the public because of the restoration project;
474          (ii) the potential detriment to appropriated water rights in the waters of Utah Lake, in
475     upstream tributaries, and downstream of Utah Lake;
476          (iii) the potential that the restoration project presents for additional revenue to state and
477     local government entities;
478          (iv) the ability of the proposed use of the lake authority land given in exchange for the
479     execution of the restoration project to enhance state property;
480          (v) the proposed timetable for completion of the restoration project; and
481          (vi) the ability of the restoration project contractor to execute and complete the
482     restoration project satisfactorily.
483          (4) (a) Any disposition of lake authority land pursuant to a restoration project
484     agreement under Subsection (3) is subject to the approval of the Legislative Management
485     Committee, as provided in this Subsection (4).
486          (b) Upon the work under a restoration project agreement reaching an applicable
487     benchmark under the restoration project agreement for the disposition of lake authority land,
488     the lake authority shall notify the Legislative Management Committee and request approval for
489     the disposition.
490          (c) The Legislative Management Committee shall approve the disposition of lake

491     authority land if the lake authority demonstrates that:
492          (i) the disposition:
493          (A) is consistent with the terms of the restoration project agreement; and
494          (B) preserves and protects appropriated water rights and storage capacity in Utah Lake;
495     and
496          (ii) the restoration project has fulfilled or is adequately fulfilling the purposes of the
497     restoration project listed in Subsection 11-65-202(3)(a).
498          (5) Upon the lake authority transferring ownership of lake authority land to a private
499     party in exchange for and in furtherance of the execution of a restoration project, the land
500     becomes subject to, as applicable:
501          (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
502          (b) Title 17, Chapter 27a, County Land Use, Development, and Management Act.
503          Section 10. Section 11-65-206 is enacted to read:
504          11-65-206. Recommendation to the Legislature.
505          (1) The lake authority shall work with adjacent political subdivisions to develop
506     recommendations to present to the Legislature.
507          (2) The recommendations developed under this section shall address:
508          (a) how the lake authority management plan should coordinate with the land use and
509     development plans of adjacent political subdivisions;
510          (b) alternatives for the authority to generate revenue to fund lake authority operations,
511     including:
512          (i) taxing authority;
513          (ii) the ability to impose fees and how to make any fee proportionate and equitable to
514     individuals and entities affected by the fee;
515          (iii) the ability to receive a portion of property tax revenue from land in adjacent
516     political subdivisions through agreement or otherwise; and
517          (iv) the sharing of revenue with other political subdivisions; and
518          (c) potential proposals to encourage the participation of adjacent political subdivisions
519     in a coordinated plan for the management of lake authority land and adjacent land in adjacent
520     political subdivisions.
521          (3) No later than November 30, 2021, the board shall present the recommendations

522     developed under this section to the Natural Resources, Agriculture, and Environment Interim
523     Committee and the Revenue and Taxation Interim Committee.
524          Section 11. Section 11-65-207 is enacted to read:
525          11-65-207. Applicability of other law -- Cooperation of state and local
526     governments -- Authority of other agencies not affected -- Attorney general to provide
527     legal services.
528          (1) The lake authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
529     63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
530     by Title 63E, Independent Entities Code.
531          (2) A department, division, or other agency of the state and a political subdivision of
532     the state shall, upon the board's request, cooperate with the lake authority to provide the
533     support, information, or other assistance reasonably necessary to help the lake authority fulfill
534     its duties and responsibilities under this chapter.
535          (3) Nothing in this chapter may be construed to affect or impair the authority of the
536     Department of Environmental Quality, created in Section 19-1-104, to regulate under Title 19,
537     Environmental Quality Code, consistent with the purposes of this chapter.
538          (4) In accordance with Article XVII, Section 1 of the Utah Constitution, nothing in this
539     chapter may be construed to override, supersede, or modify:
540          (a) any water right in the state; or
541          (b) the role or authority of the state engineer.
542          (5) (a) Except as otherwise explicitly provided, nothing in this chapter may be
543     construed to authorize the lake authority to interfere with or take the place of another
544     governmental entity in that entity's process of considering a request for a license, permit, or
545     other regulatory or governmental permission for an action relating to water of Utah Lake or
546     land within the lake authority boundary.
547          (b) The lake authority shall respect and, if applicable and within the lake authority's
548     powers, implement a license, permit, or other regulatory or governmental permission described
549     in Subsection (5)(a).
550          (6) The attorney general shall provide legal services to the lake authority and board.
551          Section 12. Section 11-65-208 is enacted to read:
552          11-65-208. Recommendations for lake authority role and functions.

553          (1) As used in this section:
554          (a) "Applicable state agency" means a department, division, or other agency of state
555     government that, in the absence of the authority granted to the lake authority under this chapter,
556     has authority or jurisdiction over the water, wildlife, land, recreation, or environment
557     associated with the lake authority land.
558          (b) "Applicable state agency" includes:
559          (i) the Department of Environmental Quality;
560          (ii) the Division of Forestry, Fire, and State Lands;
561          (iii) the Division of Wildlife Resources;
562          (iv) the Division of Parks and Recreation;
563          (v) the Division of Water Resources;
564          (vi) the Division of Water Rights; and
565          (vii) the Department of Agriculture and Food.
566          (2) The lake authority and applicable state agencies shall:
567          (a) consult, cooperate, and work together to develop recommendations to present to the
568     Legislative Management Committee, as provided in this section; and
569          (b) present the recommendations to the Legislative Management Committee no later
570     than November 30, 2023.
571          (3) In developing recommendations under this section, the lake authority and
572     applicable state agencies shall consider and work together to implement the intent of the
573     Legislature, as expressed in this chapter, to establish the lake authority as the central focal point
574     and repository of responsibility and authority for advancing and achieving the policies and
575     objectives stated in Section 11-65-203.
576          (4) The recommendations developed under Subsection (2) shall address how best to
577     prudently consolidate in the lake authority, as much as possible, the authority now held and
578     functions now performed by applicable state agencies in order to advance and achieve the
579     policies and objectives listed in Section 11-65-203 to the greatest extent possible, without
580     sacrificing benefits to the public derived from the performance of functions by the various
581     applicable state agencies in their specific areas of expertise and responsibility.
582          Section 13. Section 11-65-301 is enacted to read:
583     
Part 3. Lake Authority Board


584          11-65-301. Utah Lake Authority board -- Delegation of power.
585          (1) The lake authority shall be governed by a board which shall manage and conduct
586     the business and affairs of the lake authority and shall determine all questions of lake authority
587     policy.
588          (2) All powers of the lake authority are exercised through the board or, as provided in
589     Section 11-65-305, the executive director.
590          (3) The board may by resolution delegate powers to lake authority staff.
591          Section 14. Section 11-65-302 is enacted to read:
592          11-65-302. Number of board members -- Appointment -- Vacancies.
593          (1) The lake authority's board shall consist of 14 members, as provided in Subsection
594     (2).
595          (2) (a) The governor shall appoint two board members, at least one of whom shall be
596     from the Governor's Office of Economic Development.
597          (b) The president of the Senate shall appoint one board member.
598          (c) The speaker of the House of Representatives shall appoint one board member.
599          (d) The legislative body of Utah County shall appoint one board member.
600          (e) (i) The Utah County Council of Governments shall appoint four board members, at
601     least one of whom shall be an individual designated by a chamber of commerce in Utah
602     County.
603          (ii) The initial members appointed by the Utah County Council of Governments shall
604     be:
605          (A) an individual designated by the legislative body of the city of Lehi;
606          (B) an individual designated by the legislative body of the city of Lindon;
607          (C) an individual designated by the legislative body of the city of Springville; and
608          (D) an individual designated by the Utah Valley Chamber of Commerce.
609          (f) The mayor of the city of Provo shall appoint one board member.
610          (g) The legislative body of the city of Orem shall appoint one board member.
611          (h) The legislative body of the city of Vineyard shall appoint one board member.
612          (i) The legislative body of the city of Saratoga Springs shall appoint one board
613     member.
614          (j) The executive director of the Department of Natural Resources shall appoint one

615     board member.
616          (3) Appointments required under Subsection (2) shall be made no later than June 1,
617     2021.
618          (4) (a) A vacancy in the board shall be filled in the same manner under this section as
619     the appointment of the member whose vacancy is being filled.
620          (b) A person appointed to fill a vacancy shall serve the remaining unexpired term of
621     the member whose vacancy the person is filling.
622          (5) A member of the board appointed by the governor, president of the Senate, or
623     speaker of the House of Representatives serves at the pleasure of and may be removed and
624     replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
625     of the House of Representatives, respectively.
626          (6) The lake authority may appoint nonvoting members of the board and set terms for
627     those nonvoting members.
628          (7) Upon a vote of a majority of all board members, the board may appoint a board
629     chair and any other officer of the board.
630          (8) The board:
631          (a) may appoint one or more advisory committees that may include individuals from
632     impacted public entities, community organizations, environmental organizations, business
633     organizations, or other organizations or associations; and
634          (b) shall appoint an advisory committee to advise on recreation and water fowl
635     activities on Utah Lake.
636          Section 15. Section 11-65-303 is enacted to read:
637          11-65-303. Term of board members -- Quorum -- Compensation.
638          (1) The term of a board member appointed under Subsection 11-65-302(2) is four
639     years, except that the initial term is two years for:
640          (a) one of the two members appointed under Subsection 11-65-302(2)(a), as designated
641     by the governor;
642          (b) two of the four members appointed under Subsection 11-65-302(2)(e), as
643     designated by the Utah County Council of Governments; and
644          (c) the members appointed under Subsections 11-65-302(2)(c), (d), (g), and (i).
645          (2) Each board member shall serve until a successor is duly appointed and qualified.

646          (3) A board member may serve multiple terms if duly appointed to serve each term
647     under Subsection 11-65-302(2).
648          (4) A majority of board members constitutes a quorum, and the action of a majority of
649     a quorum constitutes action of the board.
650          (5) (a) A board member who is not a legislator may not receive compensation or
651     benefits for the member's service on the board, but may receive per diem and reimbursement
652     for travel expenses incurred as a board member as allowed in:
653          (i) Sections 63A-3-106 and 63A-3-107; and
654          (ii) rules made by the Division of Finance according to Sections 63A-3-106 and
655     63A-3-107.
656          (b) Compensation and expenses of a board member who is a legislator are governed by
657     Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
658          Section 16. Section 11-65-304 is enacted to read:
659          11-65-304. Limitations on board members and executive director.
660          (1) As used in this section:
661          (a) "Direct financial benefit":
662          (i) means any form of financial benefit that accrues to an individual directly, including:
663          (A) compensation, commission, or any other form of a payment or increase of money;
664     and
665          (B) an increase in the value of a business or property; and
666          (ii) does not include a financial benefit that accrues to the public generally.
667          (b) "Family member" means a parent, spouse, sibling, child, or grandchild.
668          (2) An individual may not serve as a voting member of the board or as executive
669     director if the individual or a family member of the individual owns an interest in, is directly
670     affiliated with, or is an employee or officer of a private firm, private company, or other private
671     entity that the individual reasonably believes is likely to participate in or receive a direct
672     financial benefit from the management of the lake authority land.
673          (3) Before taking office as a voting member of the board or accepting employment as
674     executive director, an individual shall submit to the lake authority a statement verifying that the
675     individual's service as a board member or employment as executive director does not violate
676     Subsection (2).

677          (4) (a) A voting member or nonvoting member of the board or an employee of the lake
678     authority may not receive a direct financial benefit from the management of lake authority land.
679          (b) For purposes of Subsection (4)(a), a direct financial benefit does not include:
680          (i) expense reimbursements;
681          (ii) per diem pay for board member service, if applicable; or
682          (iii) an employee's compensation or benefits from employment with the lake authority.
683          (5) Nothing in this section may be construed to affect the application or effect of any
684     other code provision applicable to a board member or employee relating to ethics or conflicts
685     of interest.
686          Section 17. Section 11-65-305 is enacted to read:
687          11-65-305. Executive director.
688          (1) On or before December 31, 2022, the board shall hire a full-time executive director.
689          (2) (a) The executive director is the chief executive officer of the lake authority.
690          (b) The role of the executive director is to:
691          (i) manage and oversee the day-to-day operations of the lake authority;
692          (ii) fulfill the executive and administrative duties and responsibilities of the lake
693     authority; and
694          (iii) perform other functions, as directed by the board.
695          (3) The executive director shall have the education, experience, and training necessary
696     to perform the executive director's duties in a way that maximizes the potential for successfully
697     achieving and implementing the strategies, policies, and objectives stated in Section 11-65-203.
698          (4) An executive director is an at-will employee who serves at the pleasure of the board
699     and may be removed by the board at any time.
700          (5) The board shall establish the duties, compensation, and benefits of an executive
701     director.
702          Section 18. Section 11-65-401 is enacted to read:
703     
Part 4. Project Area Plan and Budget

704          11-65-401. Preparation of project area plan -- Required contents of project area
705     plan.
706          (1) (a) The lake authority board's adoption of a project area plan is governed by this
707     part.

708          (b) In order to adopt a project area plan, the lake authority board shall:
709          (i) prepare a draft project area plan;
710          (ii) give notice as required under Subsection 11-65-402(2);
711          (iii) hold the public meetings required under Subsection 11-65-402(1) at least 30 days
712     apart; and
713          (iv) after holding the required public meetings and subject to Subsection (1)(c), adopt
714     the draft project area plan as the project area plan.
715          (c) (i) The lake authority board may not adopt the project area plan until at least 30
716     days after the last public meeting under Section 11-65-402.
717          (ii) Before adopting a draft project area plan as the project area plan, the lake authority
718     board may make modifications to the draft project area plan that the board considers necessary
719     or appropriate.
720          (d) (i) A lease or development agreement that the lake authority enters before the
721     creation of a project area shall provide that the board is not required to create a project area.
722          (ii) The lake authority may not be required to pay any amount or incur any loss or
723     penalty for the board's failure to create a project area.
724          (2) Each project area plan and draft project area plan shall contain:
725          (a) a legal description of the boundary of the project area that is the subject of the
726     project area plan;
727          (b) the lake authority's purposes and intent with respect to the project area;
728          (c) a description of any management proposed to occur within the project area; and
729          (d) the board's findings and determination that:
730          (i) there is a need to effectuate a public purpose;
731          (ii) there is a public benefit to the proposed management project;
732          (iii) it is economically sound and feasible to adopt and carry out the project area plan;
733     and
734          (iv) carrying out the project area plan will promote the purposes of the lake authority,
735     as stated in Section 11-65-203.
736          Section 19. Section 11-65-402 is enacted to read:
737          11-65-402. Public meeting to consider and discuss draft project area plan -- Notice
738     -- Adoption of plan.

739          (1) The lake authority board shall hold at least two public meetings to:
740          (a) receive public comment on the draft project area plan; and
741          (b) consider and discuss the draft project area plan.
742          (2) At least 10 days before holding a public meeting under Subsection (1), the lake
743     authority board shall:
744          (a) (i) post notice of the public meeting on the Utah Public Notice Website created in
745     Section 63F-1-701; and
746          (ii) maintain the posting on the Utah Public Notice Website until the day of the public
747     meeting; and
748          (b) provide notice of the public meeting to a public entity that has entered into an
749     agreement with the lake authority for sharing property tax revenue.
750          (3) Following consideration and discussion of the project area plan, the board may
751     adopt the draft project area plan as the project area plan.
752          Section 20. Section 11-65-403 is enacted to read:
753          11-65-403. Notice of project area plan adoption -- Effective date of plan --
754     Contesting the formation of the plan.
755          (1) Upon the board's adoption of a project area plan, the board shall provide notice as
756     provided in Subsection (1)(b) by publishing or causing to be published legal notice as required
757     by Section 45-1-101.
758          (2) (a) A notice under Subsection (1) shall include:
759          (i) the board resolution adopting the project area plan or a summary of the resolution;
760     and
761          (ii) a statement that the project area plan is available for general public inspection and
762     the hours for inspection.
763          (b) The statement required under Subsection (2)(a)(ii) may be included in the board
764     resolution or summary described in Subsection (2)(a)(i).
765          (3) The project area plan becomes effective on the date designated in the board
766     resolution adopting the project area plan.
767          (4) The lake authority shall make the adopted project area plan available to the general
768     public at the lake authority's office during normal business hours.
769          (5) Within 10 days after the day on which a project area plan is adopted that establishes

770     a project area, or after an amendment to a project area plan is adopted under which the
771     boundary of a project area is modified, the lake authority shall send notice of the establishment
772     or modification of the project area and an accurate map or plat of the project area to:
773          (a) the State Tax Commission;
774          (b) the Automated Geographic Reference Center created in Section 63F-1-506; and
775          (c) the assessor and recorder of each county where the project area is located.
776          (6) A legal action or other challenge to a project area plan or a project area described in
777     a project area plan is barred unless brought within 90 days after the effective date of the project
778     area plan.
779          Section 21. Section 11-65-404 is enacted to read:
780          11-65-404. Amendment to a project area plan.
781          (1) The lake authority may amend a project area plan by following the same procedure
782     under this part as applies to the adoption of a project area plan.
783          (2) The provisions of this part apply to the lake authority's adoption of an amendment
784     to a project area plan to the same extent as they apply to the adoption of a project area plan.
785          (3) An amendment to a project area plan does not affect the base taxable value
786     determination for property already within the project area before the amendment.
787          Section 22. Section 11-65-405 is enacted to read:
788          11-65-405. Project area budget.
789          (1) Before the lake authority may use authority funds to implement the management
790     plan, the authority board shall prepare and adopt a project area budget.
791          (2) The lake authority board may amend an adopted project area budget as and when
792     the lake authority board considers an amendment appropriate.
793          (3) If the lake authority adopts a budget under Part 6, Authority Budget and Reports,
794     that also meets the requirements of this part, the lake authority need not separately adopt a
795     budget under this part.
796          Section 23. Section 11-65-501 is enacted to read:
797     
Part 5. Lake Authority Bonds

798          11-65-501. Resolution authorizing issuance of lake authority bonds --
799     Characteristics of bonds.
800          (1) The lake authority may not issue bonds under this part unless the board first adopts

801     a resolution authorizing issuance of the bonds.
802          (2) (a) As provided in the lake authority resolution authorizing the issuance of bonds
803     under this part or the trust indenture under which the bonds are issued, bonds issued under this
804     part may be issued in one or more series and may be sold at public or private sale and in the
805     manner provided in the resolution or indenture.
806          (b) Bonds issued under this part shall bear the date, be payable at the time, bear interest
807     at the rate, be in the denomination and in the form, carry the conversion or registration
808     privileges, have the rank or priority, be executed in the manner, be subject to the terms of
809     redemption or tender, with or without premium, be payable in the medium of payment and at
810     the place, and have other characteristics as provided in the lake authority resolution authorizing
811     the issuance of the bonds or the trust indenture under which the bonds are issued.
812          (3) Upon the board's adoption of a resolution providing for the issuance of bonds, the
813     board may provide for the publication of the resolution as required in Section 45-1-101.
814          (4) In lieu of publishing the entire resolution, the board may publish notice of bonds
815     that contains the information described in Subsection 11-14-316(2).
816          (5) For a period of 30 days after the publication, any person in interest may contest:
817          (a) the legality of the resolution or proceeding;
818          (b) any bonds that may be authorized by the resolution or proceeding; or
819          (c) any provisions made for the security and payment of the bonds.
820          (6) (a) A person may contest the matters set forth in Subsection (5) by filing a verified
821     written complaint, within 30 days after the publication under Subsection (5), in the district
822     court of the county in which the person resides.
823          (b) A person may not contest the matters set forth in Subsection (5), or the regularity,
824     formality, or legality of the resolution or proceeding, for any reason, after the 30-day period for
825     contesting provided in Subsection (6)(a).
826          Section 24. Section 11-65-502 is enacted to read:
827          11-65-502. Sources from which bonds may be made payable -- Lake authority
828     powers regarding bonds.
829          (1) The principal and interest on bonds issued by the lake authority may be made
830     payable from:
831          (a) the income and revenues of the projects financed with the proceeds of the bonds;

832          (b) the income and revenues of certain designated projects whether or not they were
833     financed in whole or in part with the proceeds of the bonds;
834          (c) the income, proceeds, revenues, property, and funds the lake authority derives from
835     or holds in connection with its undertaking and carrying out management of lake authority
836     land;
837          (d) lake authority revenues generally;
838          (e) a contribution, loan, grant, or other financial assistance from the federal
839     government or a public entity in aid of the lake authority; or
840          (f) funds derived from any combination of the methods listed in Subsections (1)(a)
841     through (e).
842          (2) In connection with the issuance of lake authority bonds, the lake authority may:
843          (a) pledge all or any part of the lake authority's gross or net rents, fees, or revenues to
844     which the lake authority then has the right or to which the lake authority may thereafter acquire
845     a right;
846          (b) encumber by mortgage, deed of trust, or otherwise all or any part of the lake
847     authority's real or personal property, then owned or thereafter acquired; and
848          (c) make the covenants and take the action that may be necessary, convenient, or
849     desirable to secure the lake authority's bonds, or, except as otherwise provided in this chapter,
850     that will tend to make the bonds more marketable, even though such covenants or actions are
851     not specifically enumerated in this chapter.
852          Section 25. Section 11-65-503 is enacted to read:
853          11-65-503. Purchase of lake authority bonds.
854          (1) Any person, firm, corporation, association, political subdivision of the state, or
855     other entity or public or private officer may purchase bonds issued by the lake authority under
856     this part with funds owned or controlled by the purchaser.
857          (2) Nothing in this section may be construed to relieve a purchaser of lake authority
858     bonds of any duty to exercise reasonable care in selecting securities.
859          Section 26. Section 11-65-504 is enacted to read:
860          11-65-504. Those executing bonds not personally liable -- Limitation of
861     obligations under bonds -- Negotiability.
862          (1) A member of the board or other person executing a lake authority bond is not liable

863     personally on the bond.
864          (2) (a) A bond issued by the lake authority is not a general obligation or liability of the
865     state or any of the state's political subdivisions and does not constitute a charge against the
866     general credit or taxing powers of the state or any of the state's political subdivisions.
867          (b) A bond issued by the lake authority is not payable out of any funds or properties
868     other than those of the lake authority.
869          (c) The state and the state's political subdivisions are not and may not be held liable on
870     a bond issued by the lake authority.
871          (d) A bond issued by the lake authority does not constitute indebtedness within the
872     meaning of any constitutional or statutory debt limitation.
873          (3) A bond issued by the lake authority under this part is fully negotiable.
874          Section 27. Section 11-65-505 is enacted to read:
875          11-65-505. Obligee rights -- Board may confer other rights.
876          (1) In addition to all other rights that are conferred on an obligee of a bond issued by
877     the lake authority under this part, and subject to contractual restrictions binding on the obligee,
878     an obligee may:
879          (a) by mandamus, suit, action, or other proceeding, compel the lake authority and the
880     lake authority's board, officers, agents, or employees to perform every term, provision, and
881     covenant contained in any contract of the lake authority with or for the benefit of the obligee,
882     and require the lake authority to carry out the covenants and agreements of the lake authority
883     and to fulfill all duties imposed on the lake authority by this part; and
884          (b) by suit, action, or proceeding in equity, enjoin any acts or things that may be
885     unlawful or violate the rights of the obligee.
886          (2) (a) In a board resolution authorizing the issuance of bonds or in a trust indenture,
887     mortgage, lease, or other contract, the board may confer upon an obligee holding or
888     representing a specified amount in bonds, the rights described in Subsection (2)(b), to accrue
889     upon the happening of an event or default prescribed in the resolution, indenture, mortgage,
890     lease, or other contract, and to be exercised by suit, action, or proceeding in any court of
891     competent jurisdiction.
892          (b) (i) The rights that the board may confer under Subsection (2)(a) are the rights to:
893          (A) cause possession of all or part of a development project to be surrendered to an

894     obligee;
895          (B) obtain the appointment of a receiver of all or part of a lake authority's development
896     project and of the rents and profits from it; and
897          (C) require the lake authority and its board and employees to account as if the lake
898     authority and the board and employees were the trustees of an express trust.
899          (ii) If a receiver is appointed through the exercise of a right granted under Subsection
900     (2)(b)(i)(B), the receiver:
901          (A) may enter and take possession of the development project or any part of the
902     development project, operate and maintain the development project, and collect and receive all
903     fees, rents, revenues, or other charges arising from the development project after the receiver's
904     appointment; and
905          (B) shall keep money collected as receiver for the lake authority in separate accounts
906     and apply the money pursuant to the lake authority obligations as the court directs.
907          Section 28. Section 11-65-506 is enacted to read:
908          11-65-506. Bonds exempt from taxes -- Lake authority may purchase its own
909     bonds.
910          (1) A bond issued by the lake authority under this part is issued for an essential public
911     and governmental purpose and is, together with interest on and income from the bond, exempt
912     from all state taxes except the corporate franchise tax.
913          (2) The lake authority may purchase the lake authority's own bonds at a price that the
914     board determines.
915          (3) Nothing in this section may be construed to limit the right of an obligee to pursue a
916     remedy for the enforcement of a pledge or lien given under this part by the lake authority on the
917     lake authority's rents, fees, grants, properties, or revenues.
918          Section 29. Section 11-65-601 is enacted to read:
919     
Part 6. Lake Authority Budget, Reporting, and Audits

920          11-65-601. Annual lake authority budget -- Fiscal year -- Public hearing required
921     -- Auditor forms -- Requirement to file annual budget.
922          (1) The board shall prepare and adopt for the lake authority an annual budget of
923     revenues and expenditures for each fiscal year.
924          (2) An annual lake authority budget shall be adopted before June 22, except that the

925     lake authority's initial budget shall be adopted as soon as reasonably practicable after the
926     organization of the board and the beginning of lake authority operations.
927          (3) The lake authority's fiscal year shall be the period from July 1 to the following June
928     30.
929          (4) (a) Before adopting an annual budget, the board shall hold a public hearing on the
930     annual budget.
931          (b) The lake authority shall provide notice of the public hearing on the annual budget
932     by publishing notice on the Utah Public Notice Website created in Section 63F-1-701, for at
933     least one week immediately before the public hearing.
934          (c) The lake authority shall make the annual budget available for public inspection at
935     least three days before the date of the public hearing.
936          (5) The state auditor shall prescribe the budget forms and the categories to be contained
937     in each lake authority budget, including:
938          (a) revenues and expenditures for the budget year;
939          (b) legal fees; and
940          (c) administrative costs, including rent, supplies, and other materials, and salaries of
941     lake authority personnel.
942          (6) Within 30 days after adopting an annual budget, the board shall file a copy of the
943     annual budget with the auditor of each county in which lake authority land is located, the State
944     Tax Commission, and the state auditor.
945          Section 30. Section 11-65-602 is enacted to read:
946          11-65-602. Amending the lake authority annual budget.
947          (1) The board may by resolution amend an annual lake authority budget.
948          (2) An amendment of the annual lake authority budget that would increase the total
949     expenditures may be made only after a public hearing following notice published as required
950     for initial adoption of the annual budget.
951          (3) The lake authority may not make expenditures in excess of the total expenditures
952     established in the annual budget as the budget is adopted or amended.
953          Section 31. Section 11-65-603 is enacted to read:
954          11-65-603. Lake authority report.
955          Before November 30 of each year, the board shall present a report to the Executive

956     Appropriations Committee of the Legislature, as the Executive Appropriations Committee
957     directs, that includes:
958          (1) an accounting of how lake authority funds have been spent, including funds spent
959     on the environmental sustainability component of the lake authority management plan under
960     Subsection 11-65-202(2)(a);
961          (2) an update about the progress of the management and implementation of the lake
962     authority management plan under Subsection 11-65-202(2)(a), including the development and
963     implementation of the environmental sustainability component of the plan; and
964          (3) an explanation of the lake authority's progress in achieving the policies and
965     objectives described in Section 11-65-203.
966          Section 32. Section 11-65-604 is enacted to read:
967          11-65-604. Audit requirements.
968          The lake authority shall comply with the audit requirements of Title 51, Chapter 2a,
969     Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
970     Entities Act.
971          Section 33. Section 11-65-605 is enacted to read:
972          11-65-605. Audit report.
973          (1) The lake authority shall, within 180 days after the end of the lake authority's fiscal
974     year, file a copy of the audit report with the county auditor and the state auditor.
975          (2) Each audit report under Subsection (1) shall include:
976          (a) the outstanding principal amount of bonds issued or other loans incurred to finance
977     the costs associated with the lake authority's projects; and
978          (b) the actual amount expended for:
979          (i) acquisition of property;
980          (ii) site improvements or site preparation costs;
981          (iii) installation of public utilities or other public improvements; and
982          (iv) administrative costs of the lake authority.
983          Section 34. Section 11-65-606 is enacted to read:
984          11-65-606. Lake authority chief financial officer is a public treasurer -- Certain
985     lake authority funds are public funds.
986          (1) The lake authority's chief financial officer:

987          (a) is a public treasurer, as defined in Section 51-7-3; and
988          (b) shall invest the lake authority funds specified in Subsection (2) as provided in that
989     subsection.
990          (2) Notwithstanding Subsection 63E-2-110(2)(a), appropriations that the lake authority
991     receives from the state:
992          (a) are public funds; and
993          (b) shall be invested as provided in Title 51, Chapter 7, State Money Management Act.
994          Section 35. Section 11-65-701 is enacted to read:
995     
Part 7. Lake Authority Dissolution

996          11-65-701. Dissolution of lake authority -- Restrictions -- Notice of dissolution --
997     Disposition of lake authority property -- Lake authority records -- Dissolution expenses.
998          (1) The lake authority may not be dissolved unless the lake authority has no
999     outstanding bonded indebtedness, other unpaid loans, indebtedness, or advances, and no legally
1000     binding contractual obligations with persons or entities other than the state.
1001          (2) Upon the dissolution of the lake authority:
1002          (a) the Governor's Office of Economic Development shall publish a notice of
1003     dissolution as required in Section 45-1-101; and
1004          (b) all title to property owned by the lake authority vests in the state.
1005          (3) The books, documents, records, papers, and seal of the dissolved lake authority
1006     shall be deposited for safekeeping and reference with the state auditor.
1007          (4) The lake authority shall pay all expenses of the deactivation and dissolution.
1008          Section 36. Section 59-12-205 is amended to read:
1009          59-12-205. Ordinances to conform with statutory amendments -- Distribution of
1010     tax revenue -- Determination of population.
1011          (1) To maintain in effect sales and use tax ordinances adopted pursuant to Section
1012     59-12-204, a county, city, or town shall adopt amendments to the county's, city's, or town's
1013     sales and use tax ordinances:
1014          (a) within 30 days of the day on which the state makes an amendment to an applicable
1015     provision of Part 1, Tax Collection; and
1016          (b) as required to conform to the amendments to Part 1, Tax Collection.
1017          (2) Except as provided in Subsections (3) through (5) and subject to Subsection (6):

1018          (a) 50% of each dollar collected from the sales and use tax authorized by this part shall
1019     be distributed to each county, city, and town on the basis of the percentage that the population
1020     of the county, city, or town bears to the total population of all counties, cities, and towns in the
1021     state; and
1022          (b) (i) except as provided in Subsections (2)(b)(ii) [and], (iii), and (iv), 50% of each
1023     dollar collected from the sales and use tax authorized by this part shall be distributed to each
1024     county, city, and town on the basis of the location of the transaction as determined under
1025     Sections 59-12-211 through 59-12-215;
1026          (ii) 50% of each dollar collected from the sales and use tax authorized by this part
1027     within a project area described in a project area plan adopted by the military installation
1028     development authority under Title 63H, Chapter 1, Military Installation Development
1029     Authority Act, shall be distributed to the military installation development authority created in
1030     Section 63H-1-201; [and]
1031          (iii) 50% of each dollar collected from the sales and use tax authorized by this part
1032     within a project area under Title 11, Chapter 58, Utah Inland Port Authority Act, shall be
1033     distributed to the Utah Inland Port Authority, created in Section 11-58-201[.]; and
1034          (iv) 50% of each dollar collected from the sales and use tax authorized by this part
1035     within the lake authority boundary, as defined in Section 11-65-102, shall be distributed to the
1036     Utah Lake Authority, created in Section 11-65-201, beginning the next full calendar quarter
1037     following the creation of the Utah Lake Authority.
1038          (3) (a) Beginning on July 1, 2017, and ending on June 30, 2022, the commission shall
1039     distribute annually to a county, city, or town the distribution required by this Subsection (3) if:
1040          (i) the county, city, or town is a:
1041          (A) county of the third, fourth, fifth, or sixth class;
1042          (B) city of the fifth class; or
1043          (C) town;
1044          (ii) the county, city, or town received a distribution under this section for the calendar
1045     year beginning on January 1, 2008, that was less than the distribution under this section that the
1046     county, city, or town received for the calendar year beginning on January 1, 2007;
1047          (iii) (A) for a county described in Subsection (3)(a)(i)(A), the county had located
1048     within the unincorporated area of the county for one or more days during the calendar year

1049     beginning on January 1, 2008, an establishment described in NAICS Industry Group 2121,
1050     Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the 2002 North
1051     American Industry Classification System of the federal Executive Office of the President,
1052     Office of Management and Budget; or
1053          (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
1054     (3)(a)(i)(C), the city or town had located within the city or town for one or more days during
1055     the calendar year beginning on January 1, 2008, an establishment described in NAICS Industry
1056     Group 2121, Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the
1057     2002 North American Industry Classification System of the federal Executive Office of the
1058     President, Office of Management and Budget; and
1059          (iv) (A) for a county described in Subsection (3)(a)(i)(A), at least one establishment
1060     described in Subsection (3)(a)(iii)(A) located within the unincorporated area of the county for
1061     one or more days during the calendar year beginning on January 1, 2008, was not the holder of
1062     a direct payment permit under Section 59-12-107.1; or
1063          (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
1064     (3)(a)(i)(C), at least one establishment described in Subsection (3)(a)(iii)(B) located within a
1065     city or town for one or more days during the calendar year beginning on January 1, 2008, was
1066     not the holder of a direct payment permit under Section 59-12-107.1.
1067          (b) The commission shall make the distribution required by this Subsection (3) to a
1068     county, city, or town described in Subsection (3)(a):
1069          (i) from the distribution required by Subsection (2)(a); and
1070          (ii) before making any other distribution required by this section.
1071          (c) (i) For purposes of this Subsection (3), the distribution is the amount calculated by
1072     multiplying the fraction calculated under Subsection (3)(c)(ii) by $333,583.
1073          (ii) For purposes of Subsection (3)(c)(i):
1074          (A) the numerator of the fraction is the difference calculated by subtracting the
1075     distribution a county, city, or town described in Subsection (3)(a) received under this section
1076     for the calendar year beginning on January 1, 2008, from the distribution under this section that
1077     the county, city, or town received for the calendar year beginning on January 1, 2007; and
1078          (B) the denominator of the fraction is $333,583.
1079          (d) A distribution required by this Subsection (3) is in addition to any other distribution

1080     required by this section.
1081          (4) (a) As used in this Subsection (4):
1082          (i) "Eligible county, city, or town" means a county, city, or town that:
1083          (A) for fiscal year 2012-13, received a tax revenue distribution under Subsection (4)(b)
1084     equal to the amount described in Subsection (4)(b)(ii); and
1085          (B) does not impose a sales and use tax under Section 59-12-2103 on or before July 1,
1086     2016.
1087          (ii) "Minimum tax revenue distribution" means the total amount of tax revenue
1088     distributions an eligible county, city, or town received from a tax imposed in accordance with
1089     this part for fiscal year 2004-05.
1090          (b) An eligible county, city, or town shall receive a tax revenue distribution for a tax
1091     imposed in accordance with this part equal to the greater of:
1092          (i) the payment required by Subsection (2); or
1093          (ii) the minimum tax revenue distribution.
1094          (5) (a) For purposes of this Subsection (5):
1095          (i) "Annual local contribution" means the lesser of $200,000 or an amount equal to
1096     1.8% of the participating local government's tax revenue distribution amount under Subsection
1097     (2)(a) for the previous fiscal year.
1098          (ii) "Participating local government" means a county or municipality, as defined in
1099     Section 10-1-104, that is not an eligible municipality or grant eligible entity certified in
1100     accordance with Section 35A-8-609.
1101          (b) For revenue collected from the tax authorized by this part that is distributed on or
1102     after January 1, 2019, the commission, before making a tax revenue distribution under
1103     Subsection (2)(a) to a participating local government, shall:
1104          (i) subtract one-twelfth of the annual local contribution for each participating local
1105     government from the participating local government's tax revenue distribution under
1106     Subsection (2)(a); and
1107          (ii) deposit the amount described in Subsection (5)(b)(i) into the Homeless Shelter
1108     Cities Mitigation Restricted Account created in Section 35A-8-606.
1109          (c) For a participating local government that qualifies to receive a distribution
1110     described in Subsection (3) or (4), the commission shall apply the provisions of this Subsection

1111     (5) after the commission applies the provisions of Subsections (3) and (4).
1112          (6) (a) Population figures for purposes of this section shall be based on the most recent
1113     official census or census estimate of the United States Bureau of the Census.
1114          (b) If a needed population estimate is not available from the United States Bureau of
1115     the Census, population figures shall be derived from the estimate from the Utah Population
1116     Committee.
1117          (c) The population of a county for purposes of this section shall be determined only
1118     from the unincorporated area of the county.
1119          Section 37. Section 63I-1-263 is amended to read:
1120          63I-1-263. Repeal dates, Titles 63A to 63N.
1121          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
1122          (a) Subsection 63A-1-201(1) is repealed;
1123          (b) Subsection 63A-1-202(2)(c), the language "using criteria established by the board"
1124     is repealed;
1125          (c) Section 63A-1-203 is repealed;
1126          (d) Subsections 63A-1-204(1) and (2), the language "After consultation with the board,
1127     and" is repealed; and
1128          (e) Subsection 63A-1-204(1)(b), the language "using the standards provided in
1129     Subsection 63A-1-203(3)(c)" is repealed.
1130          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
1131     improvement funding, is repealed July 1, 2024.
1132          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
1133     2023.
1134          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
1135     Committee, are repealed July 1, 2023.
1136          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1137     1, 2028.
1138          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
1139     2025.
1140          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
1141     2024.

1142          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
1143     repealed July 1, 2021.
1144          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
1145     July 1, 2023.
1146          (10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
1147          (11) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
1148     2025.
1149          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
1150     Advisory Board, is repealed July 1, 2026.
1151          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
1152     2025.
1153          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
1154     2024.
1155          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
1156          (16) Subsection 63J-1-602.1(14), Nurse Home Visiting Restricted Account is repealed
1157     July 1, 2026.
1158          (17) (a) Subsection 63J-1-602.1(58), relating to the Utah Statewide Radio System
1159     Restricted Account, is repealed July 1, 2022.
1160          (b) When repealing Subsection 63J-1-602.1(58), the Office of Legislative Research and
1161     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
1162     necessary changes to subsection numbering and cross references.
1163          (18) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
1164     Commission, is repealed July 1, 2023.
1165          (19) Subsection 63J-1-602.2[(5)](7), referring to the Trip Reduction Program, is
1166     repealed July 1, 2022.
1167          (20) Subsection 63J-1-602.2[(25)](26), related to the Utah Seismic Safety
1168     Commission, is repealed January 1, 2025.
1169          (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
1170     repealed July 1, 2027.
1171          (22) Subsection 63J-4-608(3), which creates the Federal Land Application Advisory
1172     Committee, is repealed on July 1, 2021.

1173          (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
1174     January 1, 2023:
1175          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
1176     repealed;
1177          (b) Section 63M-7-305, the language that states "council" is replaced with
1178     "commission";
1179          (c) Subsection 63M-7-305(1) is repealed and replaced with:
1180          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
1181          (d) Subsection 63M-7-305(2) is repealed and replaced with:
1182          "(2) The commission shall:
1183          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
1184     Drug-Related Offenses Reform Act; and
1185          (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
1186     Subsections 77-18-1(5)(b)(iii) and (iv).".
1187          (24) The Crime Victim Reparations and Assistance Board, created in Section
1188     63M-7-504, is repealed July 1, 2027.
1189          (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1190     1, 2022.
1191          (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
1192          (27) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
1193     January 1, 2023.
1194          (28) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
1195     Council, is repealed July 1, 2024.
1196          (29) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
1197          (30) Section 63N-2-512 is repealed July 1, 2021.
1198          (31) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
1199     January 1, 2021.
1200          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
1201     calendar years beginning on or after January 1, 2021.
1202          (c) Notwithstanding Subsection (31)(b), an entity may carry forward a tax credit in
1203     accordance with Section 59-9-107 if:

1204          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
1205     31, 2020; and
1206          (ii) the qualified equity investment that is the basis of the tax credit is certified under
1207     Section 63N-2-603 on or before December 31, 2023.
1208          (32) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1, 2023.
1209          (33) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
1210     July 1, 2023.
1211          (34) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
1212     2025.
1213          (35) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
1214     is repealed January 1, 2023.
1215          (36) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
1216     2023.
1217          Section 38. Section 63J-1-602.2 is amended to read:
1218          63J-1-602.2. List of nonlapsing appropriations to programs.
1219          Appropriations made to the following [programs] are nonlapsing:
1220          (1) The Legislature and the Legislature's committees.
1221          (2) The State Board of Education, including all appropriations to agencies, line items,
1222     and programs under the jurisdiction of the State Board of Education, in accordance with
1223     Section 53F-9-103.
1224          (3) The Percent-for-Art Program created in Section 9-6-404.
1225          (4) The LeRay McAllister Critical Land Conservation Program created in Section
1226     11-38-301.
1227          (5) The Utah Lake Authority created in Section 11-65-201.
1228          [(5)] (6) Dedicated credits accrued to the Utah Marriage Commission as provided
1229     under Subsection 17-16-21(2)(d)(ii).
1230          [(6)] (7) The Trip Reduction Program created in Section 19-2a-104.
1231          [(7)] (8) The Division of Wildlife Resources for the appraisal and purchase of lands
1232     under the Pelican Management Act, as provided in Section 23-21a-6.
1233          [(8)] (9) The emergency medical services grant program in Section 26-8a-207.
1234          [(9)] (10) The primary care grant program created in Section 26-10b-102.

1235          [(10)] (11) Sanctions collected as dedicated credits from Medicaid provider under
1236     Subsection 26-18-3(7).
1237          [(11)] (12) The Utah Health Care Workforce Financial Assistance Program created in
1238     Section 26-46-102.
1239          [(12)] (13) The Rural Physician Loan Repayment Program created in Section
1240     26-46a-103.
1241          [(13)] (14) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
1242          [(14)] (15) Funds that the Department of Alcoholic Beverage Control retains in
1243     accordance with Subsection 32B-2-301(8)(a) or (b).
1244          [(15)] (16) The General Assistance program administered by the Department of
1245     Workforce Services, as provided in Section 35A-3-401.
1246          [(16)] (17) A new program or agency that is designated as nonlapsing under Section
1247     36-24-101.
1248          [(17)] (18) The Utah National Guard, created in Title 39, Militia and Armories.
1249          [(18)] (19) The State Tax Commission under Section 41-1a-1201 for the:
1250          (a) purchase and distribution of license plates and decals; and
1251          (b) administration and enforcement of motor vehicle registration requirements.
1252          [(19)] (20) The Search and Rescue Financial Assistance Program, as provided in
1253     Section 53-2a-1102.
1254          [(20)] (21) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
1255          [(21)] (22) The Utah Board of Higher Education for teacher preparation programs, as
1256     provided in Section 53B-6-104.
1257          [(22)] (23) The Medical Education Program administered by the Medical Education
1258     Council, as provided in Section 53B-24-202.
1259          [(23)] (24) The Division of Services for People with Disabilities, as provided in
1260     Section 62A-5-102.
1261          [(24)] (25) The Division of Fleet Operations for the purpose of upgrading underground
1262     storage tanks under Section 63A-9-401.
1263          [(25)] (26) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
1264          [(26)] (27) Appropriations to the Department of Technology Services for technology
1265     innovation as provided under Section 63F-4-202.

1266          [(27)] (28) The Office of Administrative Rules for publishing, as provided in Section
1267     63G-3-402.
1268          [(28)] (29) The Governor's Office of Economic Development to fund the Enterprise
1269     Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1270          [(29)] (30) Appropriations to fund the Governor's Office of Economic Development's
1271     Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
1272     Employment Expansion Program.
1273          [(30)] (31) Appropriations to fund programs for the Jordan River Recreation Area as
1274     described in Section 65A-2-8.
1275          [(31)] (32) The Department of Human Resource Management user training program, as
1276     provided in Section 67-19-6.
1277          [(32)] (33) A public safety answering point's emergency telecommunications service
1278     fund, as provided in Section 69-2-301.
1279          [(33)] (34) The Traffic Noise Abatement Program created in Section 72-6-112.
1280          [(34)] (35) The Judicial Council for compensation for special prosecutors, as provided
1281     in Section 77-10a-19.
1282          [(35)] (36) A state rehabilitative employment program, as provided in Section
1283     78A-6-210.
1284          [(36)] (37) The Utah Geological Survey, as provided in Section 79-3-401.
1285          [(37)] (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
1286          [(38)] (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
1287     and 78B-6-144.5.
1288          [(39)] (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
1289     Defense Commission.
1290          [(40)] (41) The program established by the Division of Facilities Construction and
1291     Management under Section 63A-5b-703 under which state agencies receive an appropriation
1292     and pay lease payments for the use and occupancy of buildings owned by the Division of
1293     Facilities Construction and Management.
1294          Section 39. Coordinating H.B. 364 with H.B. 346 -- Substantive and technical
1295     amendment.
1296          If this H.B. 364 and H.B. 346, Natural Resources Entities Amendments, both pass and

1297     become law, it is the intent of the Legislature that the Office of Legislative Research and
1298     General Counsel shall prepare the Utah Code database for publication by amending Subsection
1299     11-65-208(1)(b), as enacted in this H.B. 364, to read:
1300          "(b) "Applicable state agency" includes:
1301          (i) the Department of Environmental Quality;
1302          (ii) the Division of Forestry, Fire, and State Lands;
1303          (iii) the Division of Wildlife Resources;
1304          (iv) the Division of Parks;
1305          (v) the Division of Recreation;
1306          (vi) the Division of Water Resources;
1307          (vii) the Division of Water Rights; and
1308          (viii) the Department of Agriculture and Food.".