This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 1, 2022 at 3:29 PM by kpoll.
This document includes Senate 2nd Reading Floor Amendments (CORRECTED) incorporated into the bill on Wed, Feb 2, 2022 at 9:21 AM by lpoole.
Senator Ronald M. Winterton proposes the following substitute bill:


1     
PERMANENT COMMUNITY IMPACT FUND BOARD

2     
AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Ronald M. Winterton

6     
House Sponsor: Scott H. Chew

7     

8     LONG TITLE
9     General Description:
10          This bill addresses the Permanent Community Impact Fund Board.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     modifies the membership of the Permanent Community Impact Fund Board (impact
15     board);
16          ▸     designates the member appointed by the governor who resides in a rural county as
17     the chair of the impact board;
18          ▸     describes the responsibilities of the chair of the impact board;
19          ▸     requires the majority vote of a quorum of the impact board to take action;
20          ▸     directs the Department of Workforce Services to provide staff support to the impact
21     board; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          35A-8-302, as last amended by Laws of Utah 2021, Chapter 339
30          35A-8-304, as last amended by Laws of Utah 2020, Chapters 352 and 373
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 35A-8-302 is amended to read:
34          35A-8-302. Definitions.
35          As used in this part:
36          (1) "Bonus payments" means that portion of the bonus payments received by the
37     United States government under the Leasing Act paid to the state under Section 35 of the
38     Leasing Act, 30 U.S.C. Sec. 191, together with any interest that had accrued on those
39     payments.
40          (2) "Impact board" means the Permanent Community Impact Fund Board created under
41     Section 35A-8-304.
42          (3) "Impact fund" means the Permanent Community Impact Fund established by this
43     chapter.
44          (4) "Interlocal agency" means a legal or administrative entity created by a subdivision
45     or combination of subdivisions under the authority of Title 11, Chapter 13, Interlocal
46     Cooperation Act.
47          (5) "Leasing Act" means the Mineral Lands Leasing Act of 1920, 30 U.S.C. Sec. 181 et
48     seq.
49          (6) "Qualifying sales and use tax distribution reduction" means that, for the calendar
50     year beginning on January 1, 2008, the total sales and use tax distributions a city received
51     under Section 59-12-205 were reduced by at least 15% from the total sales and use tax
52     distributions the city received under Section 59-12-205 for the calendar year beginning on
53     January 1, 2007.
54          (7) (a) "Planning" means any of the following performed by or on behalf of the state, a
55     subdivision, or an interlocal entity:
56          (i) a study, analysis, plan, or survey; or
57          (ii) activities necessary to obtain a permit or land use approval, including review to
58     determine the need, cost, or feasibility of obtaining a permit or land use approval.
59          (b) "Planning" includes:
60          (i) the preparation of maps and guidelines;
61          (ii) land use planning;
62          (iii) a study or analysis of:
63          (A) the social or economic impacts associated with natural resource development;
64          (B) the demand for the transportation of individuals or goods;
65          (C) state, regional, and local development and growth;
66          (D) population and employment;
67          (E) development related to natural resources; and
68          (F) as related to any other activity described in this Subsection (7), engineering,
69     financial analysis, legal analysis, or any other analysis helpful to the state, subdivision, or
70     interlocal agency; and
71          (iv) any activity described in this Subsection (7) regardless of whether the activity is
72     for a public facility or a public service.
73          (8) "Public facility" means a facility:
74          (a) in whole or in part, owned, controlled, or operated by the state, a subdivision, or an
75     interlocal agency; and
76          (b) that serves a public purpose.
77          (9) (a) "Public service" means a service that:
78          (i) is provided, in whole or in part, by or on behalf of the state, a subdivision, or an
79     interlocal agency; and
80          (ii) serves a public purpose.
81          (b) "Public service" includes:
82          (i) a service described in Subsection (9)(a) regardless of whether the service is
83     provided in connection with a public facility;
84          (ii) the cost of providing a service described in Subsection (9)(a), including
85     administrative costs, wages, and legal fees; and
86          (iii) a contract with a public postsecondary institution to fund research, education, or a
87     public service program.
88          (10) "Rural county" means a county of the third, fourth, fifth, or sixth class.
89          [(10)] (11) "Subdivision" means a county, city, town, county service area, special
90     service district, special improvement district, water conservancy district, water improvement
91     district, sewer improvement district, housing authority, building authority, school district, or
92     public postsecondary institution organized under the laws of this state.
93          [(11)] (12) (a) "Throughput infrastructure project" means the following facilities,
94     whether located within, partially within, or outside of the state:
95          (i) a bulk commodities ocean terminal;
96          (ii) a pipeline for the transportation of liquid or gaseous hydrocarbons;
97          (iii) electric transmission lines and ancillary facilities;
98          (iv) a shortline freight railroad and ancillary facilities;
99          (v) a plant or facility for storing, distributing, or producing hydrogen, including the
100     liquification of hydrogen, for use as a fuel in zero emission motor vehicles, for electricity
101     generation, or for industrial use; or
102          (vi) a plant for the production of zero emission hydrogen fueled trucks.
103          (b) "Throughput infrastructure project" includes:
104          (i) an ownership interest or a joint or undivided ownership interest in a facility;
105          (ii) a membership interest in the owner of a facility; or
106          (iii) a contractual right, whether secured or unsecured, to use all or a portion of the
107     throughput, transportation, or transmission capacity of a facility.
108          Section 2. Section 35A-8-304 is amended to read:
109          35A-8-304. Permanent Community Impact Fund Board created -- Members --
110     Terms -- Chair -- Expenses.
111          (1) There is created within the department the Permanent Community Impact Fund
112     Board composed of 11 members as follows:
113          [(a) the chair of the Board of Water Resources or the chair's designee;]
114          [(b) the chair of the Water Quality Board or the chair's designee;]
115          [(c) the director of the department or the director's designee;]
116          [(d)] (a) the state treasurer Ŝ→ or the state treasurer's designee ←Ŝ ;
117          [(e)] (b) the chair of the Transportation Commission or the chair's designee;
118          (c) the Ŝ→ [ planning coordinator, as defined in Section 63J-4-102, or the planning☆
119     ☆coordinator's] executive director of the Governor's Office of Planning and Budget or the
119a     executive director's ←Ŝ designee;
120          [(f)] (d) a locally elected official who resides in Carbon, Emery, Grand, or San Juan
121     County;
122          [(g)] (e) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute,
123     or Wayne County;
124          [(h)] (f) a locally elected official who resides in Duchesne, Daggett, or Uintah County;
125          [(i)] (g) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or
126     Kane County; [and]
127          [(j) a locally elected official from each of the two counties that produced the most
128     mineral lease money during the previous four-year period, prior to the term of appointment, as
129     determined by the department.]
130          (h) a locally elected official from the county that produced the most mineral lease
131     money related to oil extraction during the four-year period immediately preceding the term of
132     appointment, as determined by the department at the end of each term;
133          (i) a locally elected official from the county that produced the most mineral lease
134     money related to natural gas extraction during the four-year period immediately preceding the
135     term of appointment, as determined by the department at the end of each term;
136          (j) a locally elected official from the county that produced the most mineral lease
137     money related to coal extraction during the four-year period immediately preceding the term of
138     appointment, as determined by the department at the end of each term; and
139          (k) a representative who resides in a rural county, appointed by the governor with the
140     advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
141          (2) (a) The members specified under Subsections [(1)(f)] (1)(d) through (j) may not
142     reside in the same county and shall be:
143          (i) nominated by the Board of Directors of the Southeastern Association of Local
144     Governments, the Six County Association of Governments, the Uintah Basin Association of
145     Governments, and the Five County Association of Governments, respectively, except that [a
146     member under Subsection (1)(j)] the members specified under Subsections (1)(h) through (j)
147     shall be nominated by the Board of Directors of the Association of Governments from the
148     region of the state in which the county is located; and
149          (ii) appointed by the governor with the advice and consent of the Senate in accordance
150     with Title 63G, Chapter 24, Part 2, Vacancies.
151          (b) Except as required by Subsection (2)(c), as terms of current board members expire,
152     the governor shall appoint each new member or reappointed member to a four-year term.
153          (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
154     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
155     board members are staggered so that approximately half of the board is appointed every two
156     years.
157          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
158     appointed for the unexpired term.
159          (3) The terms of office for the members [of the impact board] specified under
160     Subsections (1)(a) through [(1)(e)] (c) shall run concurrently with the [terms] term of office for
161     the [councils, boards, committees, commission, departments, or offices] commission,
162     department, or office from which [the members come] each member comes.
163          [(4) The executive director of the department, or the executive director's designee, is
164     the chair of the impact board.]
165          (4) (a) The member specified under Subsection (1)(k) is the chair of the impact board.
166          (b) The chair of the impact board is responsible for the call and conduct of meetings.
167          (5) A member may not receive compensation or benefits for the member's service, but
168     may receive per diem and travel expenses in accordance with:
169          (a) Section 63A-3-106;
170          (b) Section 63A-3-107; and
171          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
172     63A-3-107.
173          (6) A member described in Subsections [(1)(f) through (j)] (1)(d) through (k) shall
174     comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3,
175     Conflicts of Interest.
176          (7) (a) A majority of the members of the impact board constitutes a quorum.
177          (b) Action by a majority vote of a quorum of the impact board constitutes action by the
178     impact board.
179          (8) The department shall provide staff support to the impact board.