1     
AMENDMENTS RELATED TO THE GREAT SALT LAKE

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill addresses issues related to the Great Salt Lake.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts the Great Salt Lake Commissioner Act, including:
13               •     defining terms;
14               •     providing for the appointment of the commissioner;
15               •     addressing duties and authorizations of the commissioner;
16               •     addressing relationships with other state agencies;
17               •     addressing the strategic plan;
18               •     creating the Office of the Great Salt Lake Commissioner;
19               •     addressing the Great Salt Lake Advisory Council; and
20               •     addressing the Great Salt Lake Account;
21          ▸     provides for protected records;
22          ▸     provides that the Department of Natural Resources will provide facilities to the
23     commissioner and office;
24          ▸     addresses the Division of Forestry, Fire, and State Lands;
25          ▸     modifies provisions related to ongoing administration of water trust provisions;
26          ▸     addresses the compensation of the commissioner;
27          ▸     expands the Board of Water Resources to include an individual who represents the
28     interests of the Great Salt Lake; and
29          ▸     makes technical and conforming changes.

30     Money Appropriated in this Bill:
31          This bill appropriates in fiscal year 2024:
32          ▸     to the General Fund Restricted - Great Salt Lake Account, as an ongoing
33     appropriation:
34               •     from General Fund, $2,500,000;
35          ▸     to the General Fund Restricted - Great Salt Lake Account, as a one-time
36     appropriation:
37               •     from General Fund, One-time, $10,000,000;
38          ▸     to the Office of the Great Salt Lake Commissioner - Great Salt Lake Commissioner,
39     as an ongoing appropriation:
40               •     from General Fund Restricted - Great Salt Lake Account, $1,500,000; and
41          ▸     to the Office of the Great Salt Lake Commissioner - Great Salt Lake Commissioner,
42     as a one-time appropriation:
43               •     from General Fund Restricted - Great Salt Lake Account, One-time, $1,000,000.
44     Other Special Clauses:
45          This bill provides a special effective date.
46     Utah Code Sections Affected:
47     AMENDS:
48          63G-2-305, as last amended by Laws of Utah 2022, Chapters 11, 109, 198, 201, 303,
49     335, 388, 391, and 415
50          63I-1-273, as last amended by Laws of Utah 2022, Chapters 68, 79
51          65A-5-1, as last amended by Laws of Utah 2022, Chapter 54
52          65A-10-1, as last amended by Laws of Utah 2011, Chapter 256
53          65A-10-8, as last amended by Laws of Utah 2022, Chapter 78
54          65A-16-101, as enacted by Laws of Utah 2022, Chapter 78
55          65A-16-202, as enacted by Laws of Utah 2022, Chapter 78
56          65A-16-301, as enacted by Laws of Utah 2022, Chapter 78
57          67-22-2, as last amended by Laws of Utah 2022, Chapter 447

58          73-10-2, as last amended by Laws of Utah 2020, Chapters 352, 373
59          79-2-201, as last amended by Laws of Utah 2022, Chapter 68
60          79-2-205, as renumbered and amended by Laws of Utah 2009, Chapter 344
61     ENACTS:
62          73-32-101, Utah Code Annotated 1953
63          73-32-201, Utah Code Annotated 1953
64          73-32-202, Utah Code Annotated 1953
65          73-32-203, Utah Code Annotated 1953
66          73-32-204, Utah Code Annotated 1953
67          73-32-301, Utah Code Annotated 1953
68     RENUMBERS AND AMENDS:
69          73-32-302, (Renumbered from 73-30-201, as last amended by Laws of Utah 2020,
70     Chapter 352)
71          73-32-303, (Renumbered from 73-30-202, as last amended by Laws of Utah 2012,
72     Chapter 242)
73          73-32-304, (Renumbered from 65A-5-1.5, as enacted by Laws of Utah 2022, Chapter
74     54)
75     REPEALS:
76          73-30-101, as enacted by Laws of Utah 2010, Chapter 141
77          73-30-102, as enacted by Laws of Utah 2010, Chapter 141
78     

79     Be it enacted by the Legislature of the state of Utah:
80          Section 1. Section 63G-2-305 is amended to read:
81          63G-2-305. Protected records.
82          The following records are protected if properly classified by a governmental entity:
83          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
84     has provided the governmental entity with the information specified in Section 63G-2-309;
85          (2) commercial information or nonindividual financial information obtained from a

86     person if:
87          (a) disclosure of the information could reasonably be expected to result in unfair
88     competitive injury to the person submitting the information or would impair the ability of the
89     governmental entity to obtain necessary information in the future;
90          (b) the person submitting the information has a greater interest in prohibiting access
91     than the public in obtaining access; and
92          (c) the person submitting the information has provided the governmental entity with
93     the information specified in Section 63G-2-309;
94          (3) commercial or financial information acquired or prepared by a governmental entity
95     to the extent that disclosure would lead to financial speculations in currencies, securities, or
96     commodities that will interfere with a planned transaction by the governmental entity or cause
97     substantial financial injury to the governmental entity or state economy;
98          (4) records, the disclosure of which could cause commercial injury to, or confer a
99     competitive advantage upon a potential or actual competitor of, a commercial project entity as
100     defined in Subsection 11-13-103(4);
101          (5) test questions and answers to be used in future license, certification, registration,
102     employment, or academic examinations;
103          (6) records, the disclosure of which would impair governmental procurement
104     proceedings or give an unfair advantage to any person proposing to enter into a contract or
105     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
106     Subsection (6) does not restrict the right of a person to have access to, after the contract or
107     grant has been awarded and signed by all parties:
108          (a) a bid, proposal, application, or other information submitted to or by a governmental
109     entity in response to:
110          (i) an invitation for bids;
111          (ii) a request for proposals;
112          (iii) a request for quotes;
113          (iv) a grant; or

114          (v) other similar document; or
115          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
116          (7) information submitted to or by a governmental entity in response to a request for
117     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
118     the right of a person to have access to the information, after:
119          (a) a contract directly relating to the subject of the request for information has been
120     awarded and signed by all parties; or
121          (b) (i) a final determination is made not to enter into a contract that relates to the
122     subject of the request for information; and
123          (ii) at least two years have passed after the day on which the request for information is
124     issued;
125          (8) records that would identify real property or the appraisal or estimated value of real
126     or personal property, including intellectual property, under consideration for public acquisition
127     before any rights to the property are acquired unless:
128          (a) public interest in obtaining access to the information is greater than or equal to the
129     governmental entity's need to acquire the property on the best terms possible;
130          (b) the information has already been disclosed to persons not employed by or under a
131     duty of confidentiality to the entity;
132          (c) in the case of records that would identify property, potential sellers of the described
133     property have already learned of the governmental entity's plans to acquire the property;
134          (d) in the case of records that would identify the appraisal or estimated value of
135     property, the potential sellers have already learned of the governmental entity's estimated value
136     of the property; or
137          (e) the property under consideration for public acquisition is a single family residence
138     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
139     the property as required under Section 78B-6-505;
140          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
141     compensated transaction of real or personal property including intellectual property, which, if

142     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
143     of the subject property, unless:
144          (a) the public interest in access is greater than or equal to the interests in restricting
145     access, including the governmental entity's interest in maximizing the financial benefit of the
146     transaction; or
147          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
148     the value of the subject property have already been disclosed to persons not employed by or
149     under a duty of confidentiality to the entity;
150          (10) records created or maintained for civil, criminal, or administrative enforcement
151     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
152     release of the records:
153          (a) reasonably could be expected to interfere with investigations undertaken for
154     enforcement, discipline, licensing, certification, or registration purposes;
155          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
156     proceedings;
157          (c) would create a danger of depriving a person of a right to a fair trial or impartial
158     hearing;
159          (d) reasonably could be expected to disclose the identity of a source who is not
160     generally known outside of government and, in the case of a record compiled in the course of
161     an investigation, disclose information furnished by a source not generally known outside of
162     government if disclosure would compromise the source; or
163          (e) reasonably could be expected to disclose investigative or audit techniques,
164     procedures, policies, or orders not generally known outside of government if disclosure would
165     interfere with enforcement or audit efforts;
166          (11) records the disclosure of which would jeopardize the life or safety of an
167     individual;
168          (12) records the disclosure of which would jeopardize the security of governmental
169     property, governmental programs, or governmental recordkeeping systems from damage, theft,

170     or other appropriation or use contrary to law or public policy;
171          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
172     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
173     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
174          (14) records that, if disclosed, would reveal recommendations made to the Board of
175     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
176     Board of Pardons and Parole, or the Department of Human Services that are based on the
177     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
178     jurisdiction;
179          (15) records and audit workpapers that identify audit, collection, and operational
180     procedures and methods used by the State Tax Commission, if disclosure would interfere with
181     audits or collections;
182          (16) records of a governmental audit agency relating to an ongoing or planned audit
183     until the final audit is released;
184          (17) records that are subject to the attorney client privilege;
185          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
186     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
187     quasi-judicial, or administrative proceeding;
188          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
189     from a member of the Legislature; and
190          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
191     legislative action or policy may not be classified as protected under this section; and
192          (b) (i) an internal communication that is part of the deliberative process in connection
193     with the preparation of legislation between:
194          (A) members of a legislative body;
195          (B) a member of a legislative body and a member of the legislative body's staff; or
196          (C) members of a legislative body's staff; and
197          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of

198     legislative action or policy may not be classified as protected under this section;
199          (20) (a) records in the custody or control of the Office of Legislative Research and
200     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
201     legislation or contemplated course of action before the legislator has elected to support the
202     legislation or course of action, or made the legislation or course of action public; and
203          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
204     Office of Legislative Research and General Counsel is a public document unless a legislator
205     asks that the records requesting the legislation be maintained as protected records until such
206     time as the legislator elects to make the legislation or course of action public;
207          (21) research requests from legislators to the Office of Legislative Research and
208     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
209     in response to these requests;
210          (22) drafts, unless otherwise classified as public;
211          (23) records concerning a governmental entity's strategy about:
212          (a) collective bargaining; or
213          (b) imminent or pending litigation;
214          (24) records of investigations of loss occurrences and analyses of loss occurrences that
215     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
216     Uninsured Employers' Fund, or similar divisions in other governmental entities;
217          (25) records, other than personnel evaluations, that contain a personal recommendation
218     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
219     personal privacy, or disclosure is not in the public interest;
220          (26) records that reveal the location of historic, prehistoric, paleontological, or
221     biological resources that if known would jeopardize the security of those resources or of
222     valuable historic, scientific, educational, or cultural information;
223          (27) records of independent state agencies if the disclosure of the records would
224     conflict with the fiduciary obligations of the agency;
225          (28) records of an institution within the state system of higher education defined in

226     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
227     retention decisions, and promotions, which could be properly discussed in a meeting closed in
228     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
229     the final decisions about tenure, appointments, retention, promotions, or those students
230     admitted, may not be classified as protected under this section;
231          (29) records of the governor's office, including budget recommendations, legislative
232     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
233     policies or contemplated courses of action before the governor has implemented or rejected
234     those policies or courses of action or made them public;
235          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
236     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
237     recommendations in these areas;
238          (31) records provided by the United States or by a government entity outside the state
239     that are given to the governmental entity with a requirement that they be managed as protected
240     records if the providing entity certifies that the record would not be subject to public disclosure
241     if retained by it;
242          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
243     public body except as provided in Section 52-4-206;
244          (33) records that would reveal the contents of settlement negotiations but not including
245     final settlements or empirical data to the extent that they are not otherwise exempt from
246     disclosure;
247          (34) memoranda prepared by staff and used in the decision-making process by an
248     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
249     other body charged by law with performing a quasi-judicial function;
250          (35) records that would reveal negotiations regarding assistance or incentives offered
251     by or requested from a governmental entity for the purpose of encouraging a person to expand
252     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
253     person or place the governmental entity at a competitive disadvantage, but this section may not

254     be used to restrict access to a record evidencing a final contract;
255          (36) materials to which access must be limited for purposes of securing or maintaining
256     the governmental entity's proprietary protection of intellectual property rights including patents,
257     copyrights, and trade secrets;
258          (37) the name of a donor or a prospective donor to a governmental entity, including an
259     institution within the state system of higher education defined in Section 53B-1-102, and other
260     information concerning the donation that could reasonably be expected to reveal the identity of
261     the donor, provided that:
262          (a) the donor requests anonymity in writing;
263          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
264     classified protected by the governmental entity under this Subsection (37); and
265          (c) except for an institution within the state system of higher education defined in
266     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
267     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
268     over the donor, a member of the donor's immediate family, or any entity owned or controlled
269     by the donor or the donor's immediate family;
270          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
271     73-18-13;
272          (39) a notification of workers' compensation insurance coverage described in Section
273     34A-2-205;
274          (40) (a) the following records of an institution within the state system of higher
275     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
276     or received by or on behalf of faculty, staff, employees, or students of the institution:
277          (i) unpublished lecture notes;
278          (ii) unpublished notes, data, and information:
279          (A) relating to research; and
280          (B) of:
281          (I) the institution within the state system of higher education defined in Section

282     53B-1-102; or
283          (II) a sponsor of sponsored research;
284          (iii) unpublished manuscripts;
285          (iv) creative works in process;
286          (v) scholarly correspondence; and
287          (vi) confidential information contained in research proposals;
288          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
289     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
290          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
291          (41) (a) records in the custody or control of the Office of the Legislative Auditor
292     General that would reveal the name of a particular legislator who requests a legislative audit
293     prior to the date that audit is completed and made public; and
294          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
295     Office of the Legislative Auditor General is a public document unless the legislator asks that
296     the records in the custody or control of the Office of the Legislative Auditor General that would
297     reveal the name of a particular legislator who requests a legislative audit be maintained as
298     protected records until the audit is completed and made public;
299          (42) records that provide detail as to the location of an explosive, including a map or
300     other document that indicates the location of:
301          (a) a production facility; or
302          (b) a magazine;
303          (43) information contained in the statewide database of the Division of Aging and
304     Adult Services created by Section 62A-3-311.1;
305          (44) information contained in the Licensing Information System described in Title 80,
306     Chapter 2, Child Welfare Services;
307          (45) information regarding National Guard operations or activities in support of the
308     National Guard's federal mission;
309          (46) records provided by any pawn or secondhand business to a law enforcement

310     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
311     Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
312          (47) information regarding food security, risk, and vulnerability assessments performed
313     by the Department of Agriculture and Food;
314          (48) except to the extent that the record is exempt from this chapter pursuant to Section
315     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
316     prepared or maintained by the Division of Emergency Management, and the disclosure of
317     which would jeopardize:
318          (a) the safety of the general public; or
319          (b) the security of:
320          (i) governmental property;
321          (ii) governmental programs; or
322          (iii) the property of a private person who provides the Division of Emergency
323     Management information;
324          (49) records of the Department of Agriculture and Food that provides for the
325     identification, tracing, or control of livestock diseases, including any program established under
326     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
327     of Animal Disease;
328          (50) as provided in Section 26-39-501:
329          (a) information or records held by the Department of Health related to a complaint
330     regarding a child care program or residential child care which the department is unable to
331     substantiate; and
332          (b) information or records related to a complaint received by the Department of Health
333     from an anonymous complainant regarding a child care program or residential child care;
334          (51) unless otherwise classified as public under Section 63G-2-301 and except as
335     provided under Section 41-1a-116, an individual's home address, home telephone number, or
336     personal mobile phone number, if:
337          (a) the individual is required to provide the information in order to comply with a law,

338     ordinance, rule, or order of a government entity; and
339          (b) the subject of the record has a reasonable expectation that this information will be
340     kept confidential due to:
341          (i) the nature of the law, ordinance, rule, or order; and
342          (ii) the individual complying with the law, ordinance, rule, or order;
343          (52) the portion of the following documents that contains a candidate's residential or
344     mailing address, if the candidate provides to the filing officer another address or phone number
345     where the candidate may be contacted:
346          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
347     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
348     20A-9-408.5, 20A-9-502, or 20A-9-601;
349          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
350          (c) a notice of intent to gather signatures for candidacy, described in Section
351     20A-9-408;
352          (53) the name, home address, work addresses, and telephone numbers of an individual
353     that is engaged in, or that provides goods or services for, medical or scientific research that is:
354          (a) conducted within the state system of higher education, as defined in Section
355     53B-1-102; and
356          (b) conducted using animals;
357          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
358     Evaluation Commission concerning an individual commissioner's vote, in relation to whether a
359     judge meets or exceeds minimum performance standards under Subsection 78A-12-203(4), and
360     information disclosed under Subsection 78A-12-203(5)(e);
361          (55) information collected and a report prepared by the Judicial Performance
362     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
363     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
364     the information or report;
365          (56) records provided or received by the Public Lands Policy Coordinating Office in

366     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
367          (57) information requested by and provided to the 911 Division under Section
368     63H-7a-302;
369          (58) in accordance with Section 73-10-33:
370          (a) a management plan for a water conveyance facility in the possession of the Division
371     of Water Resources or the Board of Water Resources; or
372          (b) an outline of an emergency response plan in possession of the state or a county or
373     municipality;
374          (59) the following records in the custody or control of the Office of Inspector General
375     of Medicaid Services, created in Section 63A-13-201:
376          (a) records that would disclose information relating to allegations of personal
377     misconduct, gross mismanagement, or illegal activity of a person if the information or
378     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
379     through other documents or evidence, and the records relating to the allegation are not relied
380     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
381     report or final audit report;
382          (b) records and audit workpapers to the extent they would disclose the identity of a
383     person who, during the course of an investigation or audit, communicated the existence of any
384     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
385     regulation adopted under the laws of this state, a political subdivision of the state, or any
386     recognized entity of the United States, if the information was disclosed on the condition that
387     the identity of the person be protected;
388          (c) before the time that an investigation or audit is completed and the final
389     investigation or final audit report is released, records or drafts circulated to a person who is not
390     an employee or head of a governmental entity for the person's response or information;
391          (d) records that would disclose an outline or part of any investigation, audit survey
392     plan, or audit program; or
393          (e) requests for an investigation or audit, if disclosure would risk circumvention of an

394     investigation or audit;
395          (60) records that reveal methods used by the Office of Inspector General of Medicaid
396     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
397     abuse;
398          (61) information provided to the Department of Health or the Division of Professional
399     Licensing under Subsections 58-67-304(3) and (4) and Subsections 58-68-304(3) and (4);
400          (62) a record described in Section 63G-12-210;
401          (63) captured plate data that is obtained through an automatic license plate reader
402     system used by a governmental entity as authorized in Section 41-6a-2003;
403          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
404     victim, including:
405          (a) a victim's application or request for benefits;
406          (b) a victim's receipt or denial of benefits; and
407          (c) any administrative notes or records made or created for the purpose of, or used to,
408     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
409     Reparations Fund;
410          (65) an audio or video recording created by a body-worn camera, as that term is
411     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
412     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
413     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
414     that term is defined in Section 62A-2-101, except for recordings that:
415          (a) depict the commission of an alleged crime;
416          (b) record any encounter between a law enforcement officer and a person that results in
417     death or bodily injury, or includes an instance when an officer fires a weapon;
418          (c) record any encounter that is the subject of a complaint or a legal proceeding against
419     a law enforcement officer or law enforcement agency;
420          (d) contain an officer involved critical incident as defined in Subsection
421     76-2-408(1)(f); or

422          (e) have been requested for reclassification as a public record by a subject or
423     authorized agent of a subject featured in the recording;
424          (66) a record pertaining to the search process for a president of an institution of higher
425     education described in Section 53B-2-102, except for application materials for a publicly
426     announced finalist;
427          (67) an audio recording that is:
428          (a) produced by an audio recording device that is used in conjunction with a device or
429     piece of equipment designed or intended for resuscitating an individual or for treating an
430     individual with a life-threatening condition;
431          (b) produced during an emergency event when an individual employed to provide law
432     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
433          (i) is responding to an individual needing resuscitation or with a life-threatening
434     condition; and
435          (ii) uses a device or piece of equipment designed or intended for resuscitating an
436     individual or for treating an individual with a life-threatening condition; and
437          (c) intended and used for purposes of training emergency responders how to improve
438     their response to an emergency situation;
439          (68) records submitted by or prepared in relation to an applicant seeking a
440     recommendation by the Research and General Counsel Subcommittee, the Budget
441     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
442     employment position with the Legislature;
443          (69) work papers as defined in Section 31A-2-204;
444          (70) a record made available to Adult Protective Services or a law enforcement agency
445     under Section 61-1-206;
446          (71) a record submitted to the Insurance Department in accordance with Section
447     31A-37-201;
448          (72) a record described in Section 31A-37-503;
449          (73) any record created by the Division of Professional Licensing as a result of

450     Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
451          (74) a record described in Section 72-16-306 that relates to the reporting of an injury
452     involving an amusement ride;
453          (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
454     on a political petition, or on a request to withdraw a signature from a political petition,
455     including a petition or request described in the following titles:
456          (a) Title 10, Utah Municipal Code;
457          (b) Title 17, Counties;
458          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
459          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
460          (e) Title 20A, Election Code;
461          (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
462     a voter registration record;
463          (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
464     signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
465     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
466          (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
467     5, Victims Guidelines for Prosecutors Act;
468          (79) a record submitted to the Insurance Department under Section 31A-48-103;
469          (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
470     prohibited under Section 63G-26-103;
471          (81) an image taken of an individual during the process of booking the individual into
472     jail, unless:
473          (a) the individual is convicted of a criminal offense based upon the conduct for which
474     the individual was incarcerated at the time the image was taken;
475          (b) a law enforcement agency releases or disseminates the image:
476          (i) after determining that the individual is a fugitive or an imminent threat to an
477     individual or to public safety and releasing or disseminating the image will assist in

478     apprehending the individual or reducing or eliminating the threat; or
479          (ii) to a potential witness or other individual with direct knowledge of events relevant
480     to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
481     individual in connection with the criminal investigation or criminal proceeding; or
482          (c) a judge orders the release or dissemination of the image based on a finding that the
483     release or dissemination is in furtherance of a legitimate law enforcement interest;
484          (82) a record:
485          (a) concerning an interstate claim to the use of waters in the Colorado River system;
486          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
487     representative from another state or the federal government as provided in Section
488     63M-14-205; and
489          (c) the disclosure of which would:
490          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
491     Colorado River system;
492          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
493     negotiate the best terms and conditions regarding the use of water in the Colorado River
494     system; or
495          (iii) give an advantage to another state or to the federal government in negotiations
496     regarding the use of water in the Colorado River system;
497          (83) any part of an application described in Section 63N-16-201 that the Governor's
498     Office of Economic Opportunity determines is nonpublic, confidential information that if
499     disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
500     not be used to restrict access to a record evidencing a final contract or approval decision;
501          (84) the following records of a drinking water or wastewater facility:
502          (a) an engineering or architectural drawing of the drinking water or wastewater facility;
503     and
504          (b) except as provided in Section 63G-2-106, a record detailing tools or processes the
505     drinking water or wastewater facility uses to secure, or prohibit access to, the records described

506     in Subsection (84)(a); [and]
507          (85) a statement that an employee of a governmental entity provides to the
508     governmental entity as part of the governmental entity's personnel or administrative
509     investigation into potential misconduct involving the employee if the governmental entity:
510          (a) requires the statement under threat of employment disciplinary action, including
511     possible termination of employment, for the employee's refusal to provide the statement; and
512          (b) provides the employee assurance that the statement cannot be used against the
513     employee in any criminal proceeding[.]; and
514          (86) a record:
515          (a) concerning a claim to the use of waters in the Great Salt Lake;
516          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
517     person concerning the claim, including a representative from another state or the federal
518     government; and
519          (c) the disclosure of which would:
520          (i) reveal a legal strategy relating to the state's claim to the use of the water in the Great
521     Salt Lake;
522          (ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
523     and conditions regarding the use of water in the Great Salt Lake; or
524          (iii) give an advantage to another person including another state or to the federal
525     government in negotiations regarding the use of water in the Great Salt Lake.
526          Section 2. Section 63I-1-273 is amended to read:
527          63I-1-273. Repeal dates: Title 73.
528          (1) Title 73, Chapter 27, Legislative Water Development Commission, is repealed
529     January 1, 2031.
530          (2) In relation to Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, on
531     July 1, 2025:
532          (a) Section 73-10g-202 is repealed; and
533          (b) Section 73-10g-203 is repealed.

534          (3) Section 73-18-3.5, which authorizes the Division of Outdoor Recreation to appoint
535     an advisory council that includes in the advisory council's duties advising on boating policies,
536     is repealed July 1, 2024.
537          [(4) Title 73, Chapter 30, Great Salt Lake Advisory Council Act, is repealed July 1,
538     2027.]
539          [(5)] (4) In relation to Title 73, Chapter 31, Water Banking Act, on December 31,
540     2030:
541          (a) Subsection 73-1-4(2)(e)(xi) is repealed;
542          (b) Subsection 73-10-4(1)(h) is repealed; and
543          (c) Title 73, Chapter 31, Water Banking Act, is repealed.
544          (5) Sections 73-32-302 and 73-32-303, related to the Great Salt Lake Advisory
545     Council, are repealed July 1, 2027.
546          Section 3. Section 65A-5-1 is amended to read:
547          65A-5-1. Sovereign Lands Management Account.
548          (1) There is created within the General Fund a restricted account known as the
549     "Sovereign Lands Management Account."
550          (2) The Sovereign Lands Management Account shall consist of the following:
551          (a) the revenues derived from sovereign lands, except for revenues deposited into the
552     Great Salt Lake Account under Section [65A-5-1.5] 73-32-304;
553          (b) that portion of the revenues derived from mineral leases on other lands managed by
554     the division necessary to recover management costs;
555          (c) fees deposited by the division; and
556          (d) amounts deposited into the account in accordance with Section 59-23-4.
557          (3) (a) The expenditures of the division relating directly to the management of
558     sovereign lands shall be funded by appropriation by the Legislature from the Sovereign Lands
559     Management Account or other sources.
560          (b) Money in the Sovereign Lands Management Account may be used only for the
561     direct benefit of sovereign lands, including the management of sovereign lands.

562          (c) In appropriating money from the Sovereign Lands Management Account, the
563     Legislature shall prefer appropriations that benefit the sovereign land from which the money is
564     derived unless compelling circumstances require that money be appropriated for sovereign land
565     other than the sovereign land from which the money is derived.
566          (4) The division shall use the amount deposited into the account under Subsection
567     (2)(d) for the Great Salt Lake as described in Section 65A-10-8 as directed by the Great Salt
568     Lake Advisory Council created in Section [73-30-201] 73-32-302.
569          Section 4. Section 65A-10-1 is amended to read:
570          65A-10-1. Authority of division to manage sovereign lands.
571          (1) [The] Subject to Title 73, Chapter 32, Great Salt Lake Commissioner Act, the
572     division is the management authority for sovereign lands, and may exchange, sell, or lease
573     sovereign lands but only in the quantities and for the purposes as serve the public interest and
574     do not interfere with the public trust.
575          (2) Nothing in this section shall be construed as asserting state ownership of the beds
576     of nonnavigable lakes, bays, rivers, or streams.
577          (3) A lease for the construction of a highway facility over sovereign lakebed lands shall
578     comply with the requirements described in Subsection 65A-7-5(5).
579          Section 5. Section 65A-10-8 is amended to read:
580          65A-10-8. Great Salt Lake -- Management responsibilities of the division.
581          The division has the following powers and duties:
582          (1) The division shall prepare and maintain a comprehensive management plan for the
583     Great Salt Lake that recognizes the following policies:
584          (a) develop strategies to deal with a fluctuating lake level;
585          (b) encourage development of the Great Salt Lake in a manner that will preserve the
586     Great Salt Lake, encourage availability of brines to lake extraction industries, protect wildlife,
587     and protect recreational facilities;
588          (c) maintain the Great Salt Lake's flood plain as a hazard zone;
589          (d) promote water quality management for the Great Salt Lake and the Great Salt

590     Lake's tributary streams;
591          (e) promote the development of lake brines, minerals, chemicals, and petro-chemicals
592     to aid the state's economy;
593          (f) encourage the use of appropriate areas for extraction of brine, minerals, chemicals,
594     and petro-chemicals;
595          (g) maintain the Great Salt Lake and the marshes as important to shorebirds,
596     waterfowl, and other waterbird flyway system;
597          (h) encourage the development of an integrated industrial complex;
598          (i) promote and maintain recreation areas on and surrounding the Great Salt Lake;
599          (j) encourage safe boating use of the Great Salt Lake;
600          (k) maintain and protect state, federal, and private marshlands, rookeries, and wildlife
601     refuges; and
602          (l) provide public access to the Great Salt Lake for recreation, hunting, and fishing.
603          (2) The division may employ personnel and purchase equipment and supplies that the
604     Legislature authorizes through appropriations for the purposes of this chapter.
605          (3) The division may initiate studies of the Great Salt Lake and the Great Salt Lake's
606     related resources.
607          (4) The division may publish scientific and technical information concerning the Great
608     Salt Lake.
609          (5) The division shall define the Great Salt Lake's flood plain.
610          (6) The division may qualify for, accept, and administer grants, gifts, or other funds
611     from the federal government and other sources, for carrying out any functions under this
612     chapter.
613          (7) The division shall determine the need for public works and utilities for the lake
614     area.
615          (8) The division may implement the comprehensive plan described in Subsection (1)
616     through state and local entities or agencies.
617          (9) The division shall coordinate the activities of the various divisions within the

618     Department of Natural Resources with respect to the Great Salt Lake.
619          (10) The division may perform all other acts reasonably necessary to carry out the
620     purposes and provisions of this chapter.
621          (11) The division shall retain and encourage the continued activity of the Great Salt
622     Lake technical team.
623          (12) The division shall administer Chapter 16, Great Salt Lake Watershed
624     Enhancement Program.
625          Section 6. Section 65A-16-101 is amended to read:
626          65A-16-101. Definitions.
627          As used in this chapter:
628          (1) "Commissioner" means the Great Salt Lake commissioner appointed under Section
629     73-32-201.
630          (2) "Conservation organization" means an institution, corporation, foundation, or
631     association that is:
632          (a) private;
633          (b) nonprofit; and
634          (c) founded for the purpose of promoting conservation of natural resources.
635          [(2)] (3) "Council" means the Great Salt Lake Advisory Council created in Section
636     [73-30-201] 73-32-302.
637          [(3)] (4) "Division" means the Division of Forestry, Fire, and State Lands.
638          [(4)] (5) "Eligible applicant" means two or more conservation organizations that
639     submit a joint grant application to the division under Section 65A-16-201 and meet the criteria
640     listed in Subsection 65A-16-201(3)(a).
641          [(5)] (6) "Grant money" means money [the division awards] awarded to an eligible
642     applicant pursuant to this chapter.
643          [(6)] (7) "Grantee" means an eligible applicant that receives a grant authorized under
644     this chapter.
645          [(7)] (8) "Great Salt Lake watershed" means the area comprised of the Great Salt Lake,

646     the Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber
647     River watershed, and the West Desert watershed.
648          [(8)] (9) "Program" means the Great Salt Lake Watershed Enhancement Program
649     created under Section 65A-16-201.
650          Section 7. Section 65A-16-202 is amended to read:
651          65A-16-202. Oversight.
652          (1) (a) The division shall oversee whether a grantee and the water trust that the grantee
653     establishes comply with this chapter.
654          (b) In overseeing a grantee under this chapter, the division shall consult with the
655     commissioner.
656          (2) (a) The division, in consultation with the council and the Division of Water
657     Quality, shall establish by rule made in accordance with Section 65A-16-102, interventions for
658     a grantee or water trust that fails to comply with this chapter.
659          (b) The rules establishing interventions under Subsection (2)(a) shall include, among
660     other actions, requiring the grantee or water trust to return unexpended grant money to the
661     division for failure to comply with this chapter.
662          (3) This section may not be construed as limiting the state auditor's enforcement
663     authority under Section 51-2a-201.5.
664          Section 8. Section 65A-16-301 is amended to read:
665          65A-16-301. Water trust -- Powers and duties -- Advisory councils.
666          (1) The grantee under this chapter shall establish a water trust that:
667          (a) is organized:
668          (i) as a private nonprofit organization; or
669          (ii) as an agreement between two or more conservation organizations; and
670          (b) complies with this section.
671          (2) A water trust created under this section shall:
672          (a) use a fiduciary to hold and administer grant money appropriated under this chapter;
673          (b) subject to Subsection (6):

674          (i) register with the lieutenant governor as a limited purpose entity pursuant to Section
675     51-2a-201.5;
676          (ii) file with the state auditor on or before June 30 of each year the accounting report
677     that:
678          (A) satisfies Subsection 51-2a-201.5(2);
679          (B) includes an itemized accounting of the in-kind contributions and other monetary
680     contributions described in Subsection (4); and
681          (C) includes an itemized accounting of the costs incurred under Subsection (3)(a);
682          (iii) provide a copy of the accounting report described in Subsection (2)(b)(ii) to:
683          (A) the division;
684          (B) the commissioner;
685          [(B)] (C) the Division of Water Quality;
686          [(C)] (D) the council; and
687          [(D)] (E) the Natural Resources, Agriculture, and Environment Quality Appropriations
688     Subcommittee;
689          (iv) file with the division on or before January 31 of each year a report that satisfies the
690     requirements of Subsections 51-2a-201.5(4) and 63J-1-220(2); and
691          (v) provide a copy of the report described in Subsection (2)(b)(iv) to:
692          (A) the Division of Water Quality;
693          (B) the council; and
694          (C) the Natural Resources, Agriculture, and Environment Quality Appropriations
695     Subcommittee; and
696          (c) comply with applicable laws, regulations, ordinances, and rules.
697          (3) A water trust established by a grantee under this section:
698          (a) may use grant money for costs to establish, operate, or administer the water trust,
699     including the hiring of staff or contractors;
700          (b) shall use no less than 25% of the grant money to protect and restore wetlands and
701     habitats in the Great Salt Lake's surrounding ecosystem to benefit the hydrology of the Great

702     Salt Lake; and
703          (c) may invest grant money the water trust receives under this chapter or any private
704     money the water trust may receive, except that the water trust shall:
705          (i) invest and account for grant money and private money separately; and
706          (ii) use the earnings received from the investment of grant money to carry out the
707     purposes described in Subsection 65A-16-201(1).
708          (4) The water trust shall provide a significant match of in-kind contributions or other
709     monetary contributions to support the water trust's operations and for the purposes described in
710     Subsection 65A-16-201(1).
711          (5) (a) A water trust established under this section shall create and consult with one or
712     more advisory councils on matters related to the mission and objectives of the water trust.
713          (b) At least one of the advisory councils shall consist of nine members with a
714     representative from the following:
715          (i) agriculture;
716          (ii) a private land owner adjacent to the Great Salt Lake;
717          (iii) a conservation organization dedicated to the preservation of migratory waterfowl;
718          (iv) a conservation organization dedicated to the protection of non-game avian species;
719          (v) another conservation organization working on Great Salt Lake issues;
720          (vi) aquaculture;
721          (vii) mineral extraction;
722          (viii) a water conservancy district; and
723          (ix) wastewater treatment facilities.
724          (6) The duties of the water trust under Subsection (2)(b) apply to the water trust
725     notwithstanding whether the holdings, revenues, or expenditures of the water trust include
726     grant money or other money from the state.
727          Section 9. Section 67-22-2 is amended to read:
728          67-22-2. Compensation -- Other state officers.
729          (1) As used in this section:

730          (a) "Appointed executive" means the:
731          (i) commissioner of the Department of Agriculture and Food;
732          (ii) commissioner of the Insurance Department;
733          (iii) commissioner of the Labor Commission;
734          (iv) director, Department of Alcoholic Beverage Services;
735          (v) commissioner of the Department of Financial Institutions;
736          (vi) executive director, Department of Commerce;
737          (vii) executive director, Commission on Criminal and Juvenile Justice;
738          (viii) adjutant general;
739          (ix) executive director, Department of Cultural and Community Engagement;
740          (x) executive director, Department of Corrections;
741          (xi) commissioner, Department of Public Safety;
742          (xii) executive director, Department of Natural Resources;
743          (xiii) executive director, Governor's Office of Planning and Budget;
744          (xiv) executive director, Department of Government Operations;
745          (xv) executive director, Department of Environmental Quality;
746          (xvi) executive director, Governor's Office of Economic Opportunity;
747          (xvii) executive director, Department of Workforce Services;
748          (xviii) executive director, Department of Health, Nonphysician;
749          (xix) executive director, Department of Human Services;
750          (xx) executive director, Department of Transportation;
751          (xxi) executive director, Department of Veterans and Military Affairs; [and]
752          (xxii) executive director, Public Lands Policy Coordinating Office, created in Section
753     63L-11-201; and
754          (xxiii) Great Salt Lake commissioner, appointed under Section 73-32-201.
755          (b) "Board or commission executive" means:
756          (i) members, Board of Pardons and Parole;
757          (ii) chair, State Tax Commission;

758          (iii) commissioners, State Tax Commission;
759          (iv) executive director, State Tax Commission;
760          (v) chair, Public Service Commission; and
761          (vi) commissioners, Public Service Commission.
762          (c) "Deputy" means the person who acts as the appointed executive's second in
763     command as determined by the Division of Human Resource Management.
764          (2) (a) The director of the Division of Human Resource Management shall:
765          (i) before October 31 of each year, recommend to the governor a compensation plan for
766     the appointed executives and the board or commission executives; and
767          (ii) base those recommendations on market salary studies conducted by the Division of
768     Human Resource Management.
769          (b) (i) The Division of Human Resource Management shall determine the salary range
770     for the appointed executives by:
771          (A) identifying the salary range assigned to the appointed executive's deputy;
772          (B) designating the lowest minimum salary from those deputies' salary ranges as the
773     minimum salary for the appointed executives' salary range; and
774          (C) designating 105% of the highest maximum salary range from those deputies' salary
775     ranges as the maximum salary for the appointed executives' salary range.
776          (ii) If the deputy is a medical doctor, the Division of Human Resource Management
777     may not consider that deputy's salary range in designating the salary range for appointed
778     executives.
779          (c) (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
780     board or commission executives, the Division of Human Resource Management shall set the
781     maximum salary in the salary range for each of those positions at 90% of the salary for district
782     judges as established in the annual appropriation act under Section 67-8-2.
783          (ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
784     or (iii), the Division of Human Resource Management shall set the maximum salary in the
785     salary range for each of those positions at 100% of the salary for district judges as established

786     in the annual appropriation act under Section 67-8-2.
787          (3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
788     specific salary for each appointed executive within the range established under Subsection
789     (2)(b).
790          (ii) If the executive director of the Department of Health is a physician, the governor
791     shall establish a salary within the highest physician salary range established by the Division of
792     Human Resource Management.
793          (iii) The governor may provide salary increases for appointed executives within the
794     range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
795          (b) The governor shall apply the same overtime regulations applicable to other FLSA
796     exempt positions.
797          (c) The governor may develop standards and criteria for reviewing the appointed
798     executives.
799          (4) Salaries for other Schedule A employees, as defined in Section 63A-17-301, that
800     are not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
801     Salary Act, shall be established as provided in Section 63A-17-301.
802          (5) (a) The Legislature fixes benefits for the appointed executives and the board or
803     commission executives as follows:
804          (i) the option of participating in a state retirement system established by Title 49, Utah
805     State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
806     by the State Retirement Office in accordance with the Internal Revenue Code and its
807     accompanying rules and regulations;
808          (ii) health insurance;
809          (iii) dental insurance;
810          (iv) basic life insurance;
811          (v) unemployment compensation;
812          (vi) workers' compensation;
813          (vii) required employer contribution to Social Security;

814          (viii) long-term disability income insurance;
815          (ix) the same additional state-paid life insurance available to other noncareer service
816     employees;
817          (x) the same severance pay available to other noncareer service employees;
818          (xi) the same leave, holidays, and allowances granted to Schedule B state employees as
819     follows:
820          (A) sick leave;
821          (B) converted sick leave if accrued prior to January 1, 2014;
822          (C) educational allowances;
823          (D) holidays; and
824          (E) annual leave except that annual leave shall be accrued at the maximum rate
825     provided to Schedule B state employees;
826          (xii) the option to convert accumulated sick leave to cash or insurance benefits as
827     provided by law or rule upon resignation or retirement according to the same criteria and
828     procedures applied to Schedule B state employees;
829          (xiii) the option to purchase additional life insurance at group insurance rates according
830     to the same criteria and procedures applied to Schedule B state employees; and
831          (xiv) professional memberships if being a member of the professional organization is a
832     requirement of the position.
833          (b) Each department shall pay the cost of additional state-paid life insurance for its
834     executive director from its existing budget.
835          (6) The Legislature fixes the following additional benefits:
836          (a) for the executive director of the State Tax Commission a vehicle for official and
837     personal use;
838          (b) for the executive director of the Department of Transportation a vehicle for official
839     and personal use;
840          (c) for the executive director of the Department of Natural Resources a vehicle for
841     commute and official use;

842          (d) for the commissioner of Public Safety:
843          (i) an accidental death insurance policy if POST certified; and
844          (ii) a public safety vehicle for official and personal use;
845          (e) for the executive director of the Department of Corrections:
846          (i) an accidental death insurance policy if POST certified; and
847          (ii) a public safety vehicle for official and personal use;
848          (f) for the adjutant general a vehicle for official and personal use; and
849          (g) for each member of the Board of Pardons and Parole a vehicle for commute and
850     official use.
851          Section 10. Section 73-10-2 is amended to read:
852          73-10-2. Board of Water Resources -- Members -- Appointment -- Terms --
853     Vacancies.
854          (1) (a) The Board of Water Resources shall be comprised of [eight] nine members to be
855     appointed by the governor with the advice and consent of the Senate in accordance with Title
856     63G, Chapter 24, Part 2, Vacancies.
857          (b) In addition to the requirements of Section 79-2-203, not more than [four] five
858     members shall be from the same political party.
859          (2) [One] The Board of Water Resources shall consist of:
860          (a) one member [of the board shall be] appointed from each of the following districts:
861          [(a)] (i) Bear River District, comprising the counties of Box Elder, Cache, and Rich;
862          [(b)] (ii) Weber District, comprising the counties of Weber, Davis, Morgan, and
863     Summit;
864          [(c)] (iii) Salt Lake District, comprising the counties of Salt Lake and Tooele;
865          [(d)] (iv) Provo River District, comprising the counties of Juab, Utah, and Wasatch;
866          [(e)] (v) Sevier River District, comprising the counties of Millard, Sanpete, Sevier,
867     Piute, and Wayne;
868          [(f)] (vi) Green River District, comprising the counties of Daggett, Duchesne, and
869     Uintah;

870          [(g)] (vii) Upper Colorado River District, comprising the counties of Carbon, Emery,
871     Grand, and San Juan; and
872          [(h)] (viii) Lower Colorado River District, comprising the counties of Beaver, Garfield,
873     Iron, Washington, and Kane[.]; and
874          (b) one member that represents the interests of the Great Salt Lake.
875          (3) (a) Except as required by Subsection (3)(b), all appointments shall be for terms of
876     four years.
877          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
878     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
879     board members are staggered so that approximately half of the board is appointed every two
880     years.
881          (c) When a vacancy occurs in the membership for any reason, the [replacement shall be
882     appointed] governor shall appoint a replacement member for the unexpired term, with the
883     advice and consent of the Senate [and shall be from the same district as such person], who:
884          (i) is from the same district as the individual leaving the board; or
885          (ii) if the individual leaving the board is appointed under Subsection (2)(b), represents
886     the interests of the Great Salt Lake.
887          (4) A member may not receive compensation or benefits for the member's service, but
888     may receive per diem and travel expenses in accordance with:
889          (a) Section 63A-3-106;
890          (b) Section 63A-3-107; and
891          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
892     63A-3-107.
893          (5) A member shall comply with the conflict of interest provisions described in Title
894     63G, Chapter 24, Part 3, Conflicts of Interest.
895          Section 11. Section 73-32-101 is enacted to read:
896     
CHAPTER 32. GREAT SALT LAKE COMMISSIONER ACT

897     
Part 1. General Provisions


898          73-32-101. Definitions.
899          As used in this chapter:
900          (1) "Account" means the Great Salt Lake Account created in Section 73-32-304.
901          (2) "Commissioner" means the Great Salt Lake commissioner appointed under Section
902     73-32-201.
903          (3) "Council" means the Great Salt Lake Advisory Council created in Section
904     73-32-302.
905          (4) "Department" means the Department of Natural Resources.
906          (5) "Office" means the Office of the Great Salt Lake Commissioner created in Section
907     73-32-301.
908          (6) "State agency" means a department, division, board, council, committee, institution,
909     office, bureau, or other similar administrative unit of the executive branch of state government.
910          (7) "Strategic plan" means the plan prepared by the commissioner under Sections
911     73-32-202 and 73-32-204.
912          Section 12. Section 73-32-201 is enacted to read:
913     
Part 2. Commissioner

914          73-32-201. Great Salt Lake commissioner appointment.
915          (1) (a) The governor shall appoint a Great Salt Lake commissioner with the advice and
916     consent of the Senate.
917          (b) Before the governor appoints the commissioner under this section, the governor
918     shall consult with the speaker of the House of Representatives and the president of the Senate
919     concerning the selection of potential candidates for the position of commissioner.
920          (2) The commissioner shall serve a term of six years and may be appointed to more
921     than one term, but shall be subject to removal at the pleasure of the governor.
922          (3) The governor shall establish the commissioner's compensation within the salary
923     range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
924          Section 13. Section 73-32-202 is enacted to read:
925          73-32-202. Duties and authorizations of the commissioner.

926          (1) The commissioner shall:
927          (a) subject to Section 73-32-204, prepare an approved strategic plan for the long-term
928     health of the Great Salt Lake and update the strategic plan regularly;
929          (b) oversee the execution of the strategic plan by other state agencies as provided in
930     Section 73-32-203;
931          (c) maintain information that measures Great Salt Lake levels, salinity, and overall
932     health;
933          (d) meet regularly with the executive director of the department and with the executive
934     director of the Department of Environmental Quality;
935          (e) consult with the Division of Forestry, Fire, and State Lands regarding Title 65A,
936     Chapter 16, Great Salt Lake Watershed Enhancement Program;
937          (f) monitor the integrated water assessment conducted under Chapter 10g, Part 4, Great
938     Salt Lake Watershed Integrated Water Assessment;
939          (g) inform the governor, the president of the Senate, and the speaker of the House of
940     Representatives, at least annually, about the status of the strategic plan and the progress
941     regarding implementation of the strategic plan;
942          (h) at least annually report to the Executive Appropriations Committee regarding the
943     expenditure of money under this chapter;
944          (i) coordinate and work collaboratively with water conservancy districts that serve
945     water users within the Great Salt Lake watershed; and
946          (j) annually report to the Natural Resources, Agriculture, and Environment Interim
947     Committee regarding the activities of the commissioner.
948          (2) The commissioner may:
949          (a) access information from other state or federal agencies related to the Great Salt
950     Lake;
951          (b) develop cooperative agreements between the state, political subdivisions, and
952     agencies of the federal government for involvement in the strategic plan;
953          (c) produce research, documents, maps, studies, analysis, or other information that

954     supports the strategic plan for the Great Salt Lake;
955          (d) facilitate and coordinate the exchange of information, comments, and
956     recommendations on Great Salt Lake policies between and among:
957          (i) state agencies;
958          (ii) political subdivisions;
959          (iii) institutions of higher education that conduct research relevant to the Great Salt
960     Lake;
961          (iv) nonprofit entities; and
962          (v) private business;
963          (e) communicate with the Great Salt Lake Watershed Council created under Chapter
964     10g, Part 3, Watershed Councils Act; and
965          (f) perform other duties that the commissioner considers necessary or expedient to
966     carry out the purposes of this chapter.
967          (3) In fulfilling the duties under this chapter, the commissioner shall consult and
968     coordinate, as necessary, with:
969          (a) the department;
970          (b) the Department of Agriculture and Food;
971          (c) the Department of Environmental Quality;
972          (d) other applicable state agencies;
973          (e) political subdivisions of the state;
974          (f) federal agencies;
975          (g) elected officials; and
976          (h) local tribal officials.
977          Section 14. Section 73-32-203 is enacted to read:
978          73-32-203. Relationship to other state agencies.
979          (1) A state agency shall cooperate with the commissioner, including providing
980     information to the commissioner, to the extent not prohibited by federal or state law, at the
981     commissioner's request.

982          (2) To the extent not prohibited by federal law and notwithstanding any other provision
983     of state law, the commissioner may require a state agency to take action or refrain from acting
984     to benefit the health of the Great Salt Lake to comply with the strategic plan.
985          (3) This chapter may not be interpreted to override, substitute, or modify a water right
986     within the state or the role and authority of the state engineer.
987          (4) (a) This Subsection (4) applies if:
988          (i) the commissioner determines that an action or failure to act by the Department of
989     Environmental Quality may negatively impact the health of the Great Salt Lake, as established
990     by the strategic plan; and
991          (ii) the Department of Environmental Quality refuses to act or refrain from action
992     because the Department of Environmental Quality believes it would jeopardize a delegation
993     agreement entered into by the Department of Environmental Quality with the United States
994     Environmental Protection Agency.
995          (b) If the conditions of Subsection (4)(a) are met, the commissioner shall inform:
996          (i) the governor;
997          (ii) the speaker of the House of Representatives; and
998          (iii) the president of the Senate.
999          (c) The Department of Environmental Quality may inform the governor, the speaker of
1000     the House of Representatives, and the president of the Senate of the need for the Department of
1001     Environmental Quality to take the action or refrain from the action described in Subsection
1002     (4)(a).
1003          (d) The governor may review the information provided under this Subsection (4) and
1004     take action to resolve the issue raised by the commissioner under Subsection (4)(b).
1005          (e) If the conditions of Subsection (4)(a) are not met, the Department of Environmental
1006     Quality shall comply with Subsection (2).
1007          Section 15. Section 73-32-204 is enacted to read:
1008          73-32-204. Strategic plan.
1009          (1) (a) In accordance with this section, the commissioner shall prepare a strategic plan

1010     and obtain the approval of the governor of that strategic plan.
1011          (b) A strategic plan prepared by the commissioner may not be implemented until the
1012     governor approves the strategic plan, except as provided in Subsection (5).
1013          (2) The commissioner shall base the strategic plan on a holistic approach that balances
1014     the diverse interests related to the health of the Great Salt Lake, and includes provisions
1015     concerning:
1016          (a) coordination of efforts related to the Great Salt Lake;
1017          (b) a sustainable water supply for the Great Salt Lake, while balancing competing
1018     needs;
1019          (c) human health and quality of life;
1020          (d) a healthy ecosystem;
1021          (e) economic development;
1022          (f) water conservation, including municipal and industrial uses and agricultural uses;
1023          (g) water and land use planning;
1024          (h) regional water sharing; and
1025          (i) other provisions that the commissioner determines would be for the benefit of the
1026     Great Salt Lake.
1027          (3) (a) The commissioner shall obtain the approval of the governor of an initial
1028     strategic plan by no later than December 31, 2023.
1029          (b) On or before November 30, 2023, the commissioner shall submit an initial strategic
1030     plan to the governor, speaker of the House of Representatives, and the president of the Senate.
1031          (c) The governor shall approve the strategic plan by no later than December 31, 2023,
1032     if the governor determines that the initial strategic plan satisfies this chapter.
1033          (d) By no later than January 15, 2024, the commissioner shall provide the following a
1034     copy of the initial strategic plan approved by the governor under Subsection (3)(c):
1035          (i) the Natural Resources, Agriculture, and Environment Interim Committee;
1036          (ii) the department;
1037          (iii) the Department of Environmental Quality; and

1038          (iv) the Department of Agriculture and Food.
1039          (4) The governor may approve a strategic plan only after consulting with the speaker of
1040     the House of Representatives and the president of the Senate.
1041          (5) Once a strategic plan is approved by the governor, the commissioner may make
1042     substantive changes to the strategic plan without the approval of the governor, except that the
1043     commissioner shall:
1044          (a) inform the governor, the speaker of the House of Representatives, and the president
1045     of the Senate of a substantive change to the strategic plan; and
1046          (b) submit the strategic plan every five years for the approval of the governor in a
1047     process that is consistent with Subsection (3).
1048          (6) The commissioner may work with the Division of Forestry, Fire, and State Lands in
1049     coordinating the comprehensive management plan created under Section 65A-10-8 with the
1050     strategic plan.
1051          Section 16. Section 73-32-301 is enacted to read:
1052     
Part 3. Administration

1053          73-32-301. Office of the Great Salt Lake Commissioner.
1054          (1) There is created the Office of the Great Salt Lake Commissioner.
1055          (2) The office shall:
1056          (a) provide staff support to the commissioner; and
1057          (b) operate under the supervision of the commissioner.
1058          (3) The department shall provide office space, furnishings, and supplies to the
1059     commissioner, the office, and support staff for the office.
1060          Section 17. Section 73-32-302, which is renumbered from Section 73-30-201 is
1061     renumbered and amended to read:
1062          [73-30-201].      73-32-302. Advisory council created -- Staffing -- Per diem
1063     and travel expenses.
1064          (1) There is created an advisory council known as the "Great Salt Lake Advisory
1065     Council" consisting of 11 members listed in Subsection (2).

1066          (2) (a) The governor shall appoint the following members, with the advice and consent
1067     of the Senate:
1068          (i) one representative of industry representing the extractive industry;
1069          (ii) one representative of industry representing aquaculture;
1070          (iii) one representative of conservation interests;
1071          (iv) one representative of a migratory bird protection area as defined in Section
1072     23-28-102;
1073          (v) one representative who is an elected official from municipal government, or the
1074     elected official's designee;
1075          (vi) five representatives who are elected officials from county government, or the
1076     elected official's designee, one each representing:
1077          (A) Box Elder County;
1078          (B) Davis County;
1079          (C) Salt Lake County;
1080          (D) Tooele County; and
1081          (E) Weber County; and
1082          (vii) one representative of a publicly owned treatment works.
1083          (3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year
1084     term.
1085          (b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment,
1086     the governor shall adjust the length of terms of voting members to ensure that the terms of
1087     council members are staggered so that approximately half of the council is appointed every two
1088     years.
1089          (c) When a vacancy occurs in the membership for any reason, the governor shall
1090     appoint a replacement for the unexpired term with the advice and consent of the Senate.
1091          (d) A member shall hold office until the member's successor is appointed and qualified.
1092          (4) The council shall determine:
1093          (a) the time and place of meetings; and

1094          (b) any other procedural matter not specified in this chapter.
1095          (5) (a) Attendance of six members at a meeting of the council constitutes a quorum.
1096          (b) A vote of the majority of the members present at a meeting when a quorum is
1097     present constitutes an action of the council.
1098          (6) A member may not receive compensation or benefits for the member's service, but
1099     may receive per diem and travel expenses in accordance with:
1100          (a) Section 63A-3-106;
1101          (b) Section 63A-3-107; and
1102          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1103     63A-3-107.
1104          (7) The [Department of Natural Resources] office, the department, and the Department
1105     of Environmental Quality shall coordinate and provide necessary staff assistance to the council.
1106          Section 18. Section 73-32-303, which is renumbered from Section 73-30-202 is
1107     renumbered and amended to read:
1108          [73-30-202].      73-32-303. Duties of the council.
1109          (1) (a) The council shall advise the persons listed in Subsection (1)(b) on the
1110     sustainable use, protection, and development of the Great Salt Lake in terms of balancing:
1111          (i) sustainable use;
1112          (ii) environmental health; and
1113          (iii) reasonable access for existing and future development.
1114          (b) The council shall advise, as provided in Subsection (1)(a):
1115          (i) the governor;
1116          (ii) the Department of Natural Resources; [and]
1117          (iii) the Department of Environmental Quality[.]; and
1118          (iv) the commissioner.
1119          (2) The council shall assist the Division of Forestry, Fire, and State Lands in [its] the
1120     Division of Forestry, Fire, and State Land's responsibilities for the Great Salt Lake described in
1121     Section 65A-10-8.

1122          (3) The council:
1123          (a) may recommend appointments to the Great Salt Lake technical team created by the
1124     Division of Forestry, Fire, and State Lands; and
1125          (b) shall receive and [utilize] use technical support from the Great Salt Lake technical
1126     team.
1127          (4) The council shall assist the [Department of Natural Resources] department, the
1128     Department of Environmental Quality, and their applicable boards in accomplishing their
1129     responsibilities for the Great Salt Lake.
1130          (5) The council shall report annually to the Natural Resources, Agriculture, and
1131     Environmental Quality Appropriations Subcommittee on the council's activities.
1132          Section 19. Section 73-32-304, which is renumbered from Section 65A-5-1.5 is
1133     renumbered and amended to read:
1134          [65A-5-1.5].      73-32-304. Great Salt Lake Account.
1135          (1) As used in this section[: (a) "Account" means the Great Salt Lake Account created
1136     in this section. (b) "Mining"], "mining" means the process of producing, extracting, leaching,
1137     evaporating, or otherwise removing a mineral from a natural deposit of the mineral.
1138          (2) (a) There is created within the General Fund a restricted account known as the
1139     "Great Salt Lake Account" consisting of:
1140          (i) revenues deposited into the account under Subsection (3);
1141          (ii) appropriations from the Legislature; and
1142          (iii) interest and other earnings described in Subsection (2)(b).
1143          (b) The Office of the Treasurer shall deposit interest and other earnings derived from
1144     investment of money in the account into the account.
1145          (3) The [division] Division of Forestry, Fire, and State Lands shall deposit into the
1146     account the royalty income received by the state from mining that occurs on or after July 1,
1147     2022, of a mineral from the sovereign lands of the Great Salt Lake if during the fiscal year
1148     beginning July 1, 2020, the state did not receive royalty income from the mining of that same
1149     mineral from the sovereign lands of the Great Salt Lake.

1150          (4) Upon appropriation by the Legislature, money in the account may be used to:
1151          (a) manage the water levels of the Great Salt Lake; and
1152          (b) fund the activities of the commissioner and office under this chapter.
1153          Section 20. Section 79-2-201 is amended to read:
1154          79-2-201. Department of Natural Resources created.
1155          (1) There is created the Department of Natural Resources.
1156          (2) The department comprises the following:
1157          (a) Board of Water Resources, created in Section 73-10-1.5;
1158          (b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
1159          (c) Board of State Parks, created in Section 79-4-301;
1160          (d) Office of Energy Development, created in Section 79-6-401;
1161          (e) Wildlife Board, created in Section 23-14-2;
1162          (f) Board of the Utah Geological Survey, created in Section 79-3-301;
1163          (g) Water Development Coordinating Council, created in Section 73-10c-3;
1164          (h) Division of Water Rights, created in Section 73-2-1.1;
1165          (i) Division of Water Resources, created in Section 73-10-18;
1166          (j) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;
1167          (k) Division of Oil, Gas, and Mining, created in Section 40-6-15;
1168          (l) Division of State Parks, created in Section 79-4-201;
1169          (m) Division of Outdoor Recreation, created in Section 79-7-201;
1170          (n) Division of Wildlife Resources, created in Section 23-14-1;
1171          (o) Utah Geological Survey, created in Section 79-3-201;
1172          (p) Heritage Trees Advisory Committee, created in Section 65A-8-306;
1173          (q) Utah Outdoor Recreation Infrastructure Advisory Committee, created in Section
1174     79-7-206;
1175          (r) (i) an advisory council that includes in the advisory council's duties advising on
1176     state boating policy, authorized by Section 73-18-3.5; or
1177          (ii) an advisory council that includes in the advisory council's duties advising on

1178     off-highway vehicle use, authorized by Section 41-22-10;
1179          (s) Wildlife Board Nominating Committee, created in Section 23-14-2.5;
1180          (t) Wildlife Regional Advisory Councils, created in Section 23-14-2.6;
1181          (u) Utah Watersheds Council, created in Section 73-10g-304;
1182          (v) Utah Natural Resources Legacy Fund Board, created in Section 23-31-202; and
1183          (w) Public Lands Policy Coordinating Office created in Section 63L-11-201.
1184          (3) The department shall provide office space, furnishings, and supplies to the Great
1185     Salt Lake commissioner appointed under Section 73-32-201, the Office of the Great Salt Lake
1186     Commissioner created in Section 73-32-301, and support staff for the Office of the Great Salt
1187     Lake Commissioner.
1188          Section 21. Section 79-2-205 is amended to read:
1189          79-2-205. Procedures -- Adjudicative proceedings.
1190          Except as provided by Sections 40-10-13, 63G-4-102, and 73-2-25, a division, board,
1191     council, or committee referred to in [Section 79-2-201] Subsection 79-2-201(2) shall comply
1192     with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act,
1193     in an adjudicative proceeding.
1194          Section 22. Repealer.
1195          This bill repeals:
1196          Section 73-30-101, Title.
1197          Section 73-30-102, Definition.
1198          Section 23. Appropriations.
1199          The following sums of money are appropriated for the fiscal year beginning July 1,
1200     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
1201     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
1202     Act, the Legislature appropriates the following sums of money from the funds or accounts
1203     indicated for the use and support of the government of the state of Utah.
1204     ITEM 1
1205     To General Fund Restricted - Great Salt Lake Account

1206          From General Fund
2,500,000

1207          From General Fund, One-time
10,000,000

1208          Schedule of Programs:
1209               Great Salt Lake Account                    12,500,000
1210     ITEM 2
1211     To Office of the Great Salt Lake Commissioner - Great Salt Lake Commissioner
1212          From General Fund Restricted - Great Salt Lake Account
1,500,000

1213          From General Fund Restricted - Great Salt Lake Account, One-time
1,000,000

1214          Schedule of Programs:
1215               Administration                         2,500,000
1216          The Legislature intends that the Division of Finance not allocate the $1,000,000
1217     one-time appropriation from the Great Salt Lake Account to the Office of the Great Salt Lake
1218     Commissioner until the strategic plan described by Section 73-32-204, enacted by this bill, may
1219     be implemented in accordance with Section 73-32-204.
1220          Section 24. Effective date.
1221          This bill takes effect on July 1, 2023.