Representative Keven J. Stratton proposes the following substitute bill:


1     
UTAH LAKE AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keven J. Stratton

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Utah Lake Restoration Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the authority given to the Division of Forestry, Fire, and State Lands, with
13     respect to the disposal of Utah Lake land in exchange for the comprehensive
14     restoration of Utah Lake under a restoration proposal, from authority to dispose of
15     land to authority to make a recommendation for the disposal of the land;
16          ▸     requires the approval of the Legislature and governor for the disposal of Utah Lake
17     land in exchange for the comprehensive restoration of Utah Lake under a restoration
18     proposal; and
19          ▸     requires the division to prepare recommendations on objectives of the Utah Lake
20     restoration and report those recommendations to the Natural Resources, Agriculture,
21     and Environment Interim Committee.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          65A-15-201, as enacted by Laws of Utah 2018, Chapter 381
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 65A-15-201 is amended to read:
32          65A-15-201. Division authority to dispose of sovereign land in exchange for Utah
33     Lake restoration project -- Criteria.
34          (1) (a) [Subject to the approval of the Legislative Management Committee, the] The
35     division may [dispose] recommend the disposal of appropriately available state land in and
36     around Utah Lake as compensation for the comprehensive restoration of Utah Lake under a
37     restoration proposal if the division finds that the restoration project will enhance public
38     benefits, such as:
39          [(a)] (i) [restore] restoring the clarity and quality of the water in Utah Lake;
40          [(b)] (ii) [conserve] conserving water resources in and around Utah Lake;
41          [(c)] (iii) [preserve] preserving the water storage and water supply functions of Utah
42     Lake;
43          [(d)] (iv) [remove] removing invasive plant and animal species, including phragmites
44     and carp, from Utah Lake;
45          [(e)] (v) [restore] restoring littoral zone and other plant communities in and around
46     Utah Lake;
47          [(f)] (vi) [restore] restoring and [conserve] conserving native fish and other aquatic
48     species in Utah Lake, including Bonneville cutthroat trout and June Sucker;
49          [(g)] (vii) [increase] increasing the suitability of Utah Lake and its surrounding areas
50     for shore birds, waterfowl, and other avian species;
51          [(h)] (viii) [improve] improving navigability of Utah Lake;
52          [(i)] (ix) [maximize, enhance, and ensure] maximizing, enhancing, and ensuring
53     recreational access and opportunities on Utah Lake;
54          [(j)] (x) [preserve] preserving current water rights related to water associated with Utah
55     Lake; [and]
56          [(k)] (xi) otherwise [improve] improving the use of Utah Lake for residents and
57     visitors[.];
58          (xii) substantially accommodating an existing use on land in or around Utah Lake; and
59          (xiii) providing any other benefits identified by the division.
60          (b) If the division chooses to make a recommendation under Subsection (1)(a), the
61     division shall make the recommendation in writing to the Legislature and governor.
62          (2) In determining whether to [dispose] recommend the disposal of state land in
63     exchange for the execution of a restoration project, as provided in Subsection (1)(a) and
64     pursuant to a restoration proposal, the division shall consider:
65          (a) the potential that the restoration project presents for additional revenue to state and
66     local government entities;
67          (b) the ability of the proposed use of the state land given in exchange for the restoration
68     project to enhance state property adjacent to Utah Lake;
69          (c) the proposed timetable for completion of the restoration project;
70          (d) the ability of the person who submits a restoration project to execute and complete
71     the restoration project satisfactorily; and
72          (e) the desirability of the proposed use of Utah Lake and the surrounding areas as a
73     result of the restoration project.
74          (3) The Legislature and governor may, through the adoption of a concurrent resolution,
75     authorize the disposal of state land in and around Utah Lake as compensation for the
76     comprehensive restoration of Utah Lake under a restoration proposal if:
77          (a) the division recommends the disposal as provided in Subsection (1); and
78          (b) the Legislature and governor make a determination, in a concurrent resolution
79     adopted under this Subsection (3), that:
80          (i) the restoration project will accomplish the objectives listed in Subsection (1)(a); and
81          (ii) the disposal is:
82          (A) a fiscally sound and fair method of providing for the comprehensive restoration of
83     Utah Lake; and
84          (B) constitutionally sound and legal.
85          (4) In support of the required permitting application for a restoration project, the
86     division shall:
87          (a) prepare recommendations for standards, criteria, and thresholds to define more
88     specifically the objectives listed in Subsections (1)(a) and (3)(b)(ii) and how and when those
89     objectives are to be met;
90          (b) report on the division's efforts under Subsection (4)(a) to the Natural Resources,
91     Agriculture, and Environment Interim Committee, as requested by the committee chairs; and
92          (c) upon completion of recommendations under Subsection (4)(a), present the
93     recommendations to the Natural Resources, Agriculture, and Environment Interim Committee.