This document includes House Committee Amendments incorporated into the bill on Mon, Jan 29, 2024 at 10:25 AM by housengrossing.
This document includes House Floor Amendments incorporated into the bill on Tue, Feb 6, 2024 at 3:50 PM by housengrossing.
This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 9, 2024 at 8:51 AM by lpoole.
1     
OUTDOOR RECREATION INFRASTRUCTURE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jeffrey D. Stenquist

5     
Senate Sponsor: Ronald M. Winterton

6     

7     LONG TITLE
8     Ŝ→ [Committee Note:
9          The Economic Development and Workforce Services Interim Committee recommended
10     this bill.
11               Legislative Vote:     8 voting for     1 voting against     5 absent] ←Ŝ
12     General Description:
13          This bill makes changes related to outdoor recreation infrastructure.
14     Highlighted Provisions:
15          This bill:
16          ▸     clarifies the definition for outdoor recreation infrastructure;
16a      Ĥ→ ▸ includes additional authorized uses for funds in the Outdoor Adventure Infrastructure
16b     Restricted Account; ←Ĥ
17          ▸     allows the division to reimburse itself for costs from the Outdoor Adventure
18     Infrastructure Restricted Account; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          51-9-901, as enacted by Laws of Utah 2022, Chapter 77
27          51-9-902, as last amended by Laws of Utah 2023, Chapters 183, 471
28          79-7-501, as enacted by Laws of Utah 2023, Chapter 145
29          79-7-503, as enacted by Laws of Utah 2023, Chapter 145
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 51-9-901 is amended to read:
33          51-9-901. Definitions.
34          As used in this part:
35          (1) "Account" means the Outdoor Adventure Infrastructure Restricted Account created
36     in Section 51-9-902.
37          (2) "Facility" means a site, location, building, structure, or other improvement to
38     property.
39          (3) (a) "Outdoor recreation infrastructure" means a public facility or public land used
40     by the public to access outdoor recreational opportunities.
41          (b) "Outdoor recreation infrastructure" includes:
42          (i) a facility used for water sports, snow sports, backpacking, canoeing, canyoning,
43     caving, camping, climbing, hiking, hill walking, hunting, kayaking, rafting, biking, operating a
44     snowmobile or all-terrain vehicle, or any similar motorized or nonmotorized activity; [and]
45          (ii) a state park, golf course, sports field, playground, toboggan run, sledding hill, trail,
46     paved pedestrian or paved nonmotorized transportation facility, park, pool, waterway, road,
47     bridge, or similar facility[.];
48          (iii) an unpaved trail, trail head infrastructure, signage, or crossing infrastructure for
49     recreation, regardless of whether the recreation is motorized or nonmotorized recreation;
50          (iv) a campground or day-use recreation site;
51          (v) water recreation infrastructure, including a pier, dock, or boat ramp; and
52          (vi) outdoor recreation facilities that are accessible to visitors with disabilities.
53          Section 2. Section 51-9-902 is amended to read:
54          51-9-902. Outdoor Adventure Infrastructure Restricted Account.
55          [(1) As used in this section, "outdoor recreation infrastructure" means:]
56          [(a) an unpaved trail, trail head infrastructure, signage, or crossing infrastructure for
57     recreation, regardless of whether the recreation is motorized or nonmotorized recreation;]
58          [(b) a campground or day-use recreation site;]
59          [(c) water recreation infrastructure, including a pier, dock, or boat ramp; or]
60          [(d) outdoor recreation facilities that are accessible to visitors with disabilities.]
61          [(2)] (1) There is created within the General Fund a restricted account known as the
62     "Outdoor Adventure Infrastructure Restricted Account."
63          [(3)] (2) The account shall consist of:
64          (a) money deposited into the account under Subsection 59-12-103(15); and
65          (b) interest and earnings on money in the account.
66          [(4)] (3) Subject to appropriation from the Legislature, money from the account shall
67     be used for:
68          (a) new construction of outdoor recreation infrastructure;
69          (b) upgrades of outdoor recreation infrastructure;
70          (c) the replacement of or structural improvements to outdoor recreation infrastructure;
71          (d) the acquisition of land, a right-of-way, or easement used in relationship to outdoor
72     recreation infrastructure; Ĥ→ [or] ←Ĥ
73          (e) providing access from state highways, as defined in Section 72-1-102, to outdoor
74     recreation infrastructure Ĥ→ [.] ;
74a          (f) the costs associated with bringing new construction or upgrades of outdoor
74b     recreation infrastructure into environmental compliance; Ŝ→ [or] ←Ŝ
74c          (g) strategic planning related to the development of outdoor recreation infrastructure
74c1     Ŝ→ [.] ; or
74c2           (h) facilitating avalanche safety forecasting to protect the public in relation to outdoor
74c3     recreation infrastructure. ←Ŝ
74d      ←Ĥ
75          [(5)] (4) For each fiscal year, beginning with fiscal year 2023-2024, the Division of
76     Finance shall, subject to appropriation by the Legislature, distribute money from the Outdoor
77     Adventure Infrastructure Restricted Account as follows:
78          (a) at least 15% to the Department of Natural Resources - Division of State Parks -
79     Capital, to be expended using the department's existing prioritization process for capital
80     projects in state parks described in Subsection [(4)] (3);
81          (b) at least 22% to the Department of Natural Resources - Division of Outdoor
82     Recreation - Capital, to be expended for competitive Recreation Restoration Infrastructure
83     grants or Outdoor Recreational Infrastructure grants for outdoor recreation capital projects and
84     related maintenance expenses, where maintenance expenses do not exceed 15% of the
85     appropriation; and
86          (c) at least 53% to the Department of Natural Resources - Division of Outdoor
87     Recreation - Capital, to be expended for larger outdoor recreation infrastructure projects
88     described in Subsection Ĥ→ [3] (3) ←Ĥ as recommended to the Legislature by the Outdoor
88a     Adventure
89     Commission [described in Subsection (4)].
90          [(6)] (5) If the Legislature appropriates money to the Department of Transportation
91     from the account, the Transportation Commission, created in Section 72-1-301, shall prioritize
92     projects and determine funding levels in accordance with Subsection 72-1-303(1)(a) based on
93     recommendations of the Department of Transportation.
94          Section 3. Section 79-7-501 is amended to read:
95          79-7-501. Definitions.
96          As used in this part:
97          (1) "Initiative" means the Recreation Coordinated Investment Initiative created in [this
98     part] Section 79-7-502.
99          (2) "Outdoor recreation infrastructure" [includes:] means the same as that term is
100     defined in 51-9-901.
101          [(a) a trail, trail head infrastructure, signage, and crossing infrastructure for both
102     nonmotorized and motorized recreation;]
103          [(b) a campground or day-use recreation site;]
104          [(c) water recreation infrastructure, including a pier, dock, or boat ramp; and]
105          [(d) outdoor recreation facilities that are accessible to visitors with disabilities.]
106          (3) "Public lands" includes local, state, and federal lands.
107          Section 4. Section 79-7-503 is amended to read:
108          79-7-503. Funding of initiative.
109          (1) The initiative is funded from the following sources:
110          [(1)] (a) appropriations made to the initiative by the Legislature, including any
111     appropriation from the Outdoor Adventure Infrastructure Restricted Account created in Section
112     51-9-902; and
113          [(2)] (b) contributions, including in-kind assistance, from public and private sources,
114     including a federal agency, state agency, local government, or private entity.
115          (2) The division may reimburse itself with initiative funds for costs related to
116     administering the initiative.
117          Section 5. Effective date.
118          This bill takes effect on May 1, 2024.