S.B. 130 River Restoration Amendments: transcript

Thank you. It's good to be here. Let's see if I can find my bill. I did. Um, so I have a little amendment that I'll talk about and then you guys can take action on that. But, um, uh, as this is going on the Jordan River Commission, um, well maybe I'll re rechange this. I'll talk about the amendment and part of my presentation. So this bill, uh, I think is important. It has two parts. The goal of which goals of which are there are two, one, get more water into the Great Salt Lake through the Jordan River. And we plan to do that by expanding an existing program, uh, uh, by, uh, increasing its funding and increasing its scope. Uh, right now it can operate just in three cities along the river. So this would, uh, allow it to operate anywhere along the river to remove invasive weed species that grow heavily along the banks of the Jordan River and suck up a lot of water. They're not native to Utah. They're very thirsty plants. And they greatly reduce the water flow from the Jordan River into the Great Salt Lake. And in fact, overgrow the banks to the point where, not this year, but in a good snow year, water from Utah Lake actually can't fit in the causeway of the Jordan River. It has to be diverted into canal. So, um, that's part one, increase the water flow to the Jordan River by removing invasive, thirsty weeds. And number two is to get people to love the river by using the river. So it creates a grant program to allow cities that border the river to build on river recreational assets. You might think of a boat ramp. Um, but in addition to recreational access to spend, have some public safety grants to increase patrols or lighting, um, things like that. And that gets to the amendment. Um, the Jordan C River Commission has asked to be included in that grant, which I think makes sense because there are some things where it's not a city issue, but it's really a river bank issue. Speed limits, for example, along the Jordan River Parkway might be, uh, a reasonable thing that the commission could do because it oversees the breadth and length of the river. Um, so that is what the amendment would do. That is what the bill would do. And that completes my presentation.

Would hope you would. Okay.

Representative Peterson, I have a question about line 1 22. Um, and it's just a, a minor question. Overall, the bill felt pretty easy to understand. Um, my question is, um, right now it says, provides an equal amount of matching funds and, um, I think that's great. I, but I almost almost wonder if that could be the floor. I wondered if you'd be interested in it providing at least an equal amount of matching funds. What I'm wondering is if one of those entities was like, we can come up with 75% of the funds, but can you give us 25? It just would make this $2 million go farther if the communities could, would come up with more. Sure. See what

I'm saying? I I would not object if you wanted, But if you, I wasn't gonna amend it, but if you're already making an amendment, you don't have to go back anyways.

That's fine. I wondered if you were okay if I added provide at least an equal amount of matching funds on line 1 22.

You would not get an objection from me. Okay. Thank

You.

Thank you, Madam Chair. Would you be, um, um, would it be all right to, um, to make the consultation with the Jordan River Commission voluntary and not mandatory?

Uh, yeah, Go ahead, Madam Chair. Uh, currently the, uh, Jordan River Commission, uh, kind of oversees these grants as we're increasing the money, we're putting that responsibility at the State Department, Ophir, forestry and state lands. But we think it is appropriate for them to continue to consult with the commission. The commission is made up of members of every city that borders the Jordan River. And I think they're an important voice in this process. And I don't think that, that they don't see that as an issue. I, I think everybody here wants to work together. Does that answer your question?

Thank you. Uh, question on, you got all three groups there and you're kind of focused. I didn't see it where it was in the bill, but is the commission gonna take the lead on all of these now? I mean, is it kind of, is that what you expect this is gonna be? So from security to, uh, even doing the, managing the bank and all, are they gonna be the lead agency or are they still gonna have all three groups working there?

No, this grant will be administered by the Division Ophir Forestry and State lands in consultation with the commission. So the commission will be highly involved in everything, but the grant agent will be the fire, forestry and state lights. All Three groups will still, yes.

Got it. Thank you.

And by three groups you mean the state and the commission and the cities along the river? Yeah.

Yeah. I mean, law enforcement, there's all different groups, so, yep. A lot of people, I hope they can get it done. Yeah.

You, Matt. Thank you Madam Chair. I, I, I do have some questions. Are, uh, well a question, is it like, when we talk about the Jordan River Project, is that gonna be all of Jordan River project or, I mean, like, all of, I mean, 'cause I live near it, would it impact my area as well? Yes,

This expands an existing program that is limited to only three cities and expands it to the length of the river on both sides.

Okay. And will the, will local municipalities be able to remain independent in this particular issue with this particular issue going on?

Yes. Okay. Thank you.

Okay. And then I have a question. Also, invasive species has been an issue along the Jordan River. Will this allow for, um, any grant money for that?

No, the state has, and the state will manage the, uh, removal of those species along the river like they currently do at Utah Lake.

Good afternoon. My name's Soren Simonson. I'm the Executive director of the Jordan River Commission. Good to be with you all this afternoon. Thank you for your work. First of all, I want to thank Senator Fillmore for his work. Um, I had the great opportunity of paddling on the Jordan River near the Power District a few months ago. And as many people do, when you get in the river, you see what the river needs. And so we're super, super grateful to Senator Fillmore for seeing some of those needs. And, uh, working to expand some funding for programs that we think will be vital to recreation, but also for the other reasons that he stated. Um, we do support this bill. Uh, we also support the amendment, which allows the commission, which is a coordinating agency, particularly to be able to work on projects that may, may span multiple jurisdictions. For example, we've been communicating with Utah County and Salt Lake County about trying to create a Portage for river access through the narrows. The point of the mountain area, which is difficult because of front runner tracks and a couple of diversion structures there that don't allow somebody to paddle and navigate through the river. And a program like this that would allow us to coordinate efforts among different jurisdictions would be very beneficial. So in addition to cities and counties, we love the opportunity as a coordinating agency to be able to also support projects that may span multiple cities or or counties. There is one note that I'll just raise. Uh, it's a concern that's been raised by many of our members, cities and counties and other organizations. And that is, uh, as was referenced by Senator Fillmore. Currently the Jordan River Commission has some, um, uh, approval, uh, process that is, uh, outlined in line 74 of the bill. Um, with this change, and we certainly understand the senator's, uh, desire with greater funding comes greater accountability and responsibility to have that final authority lie. Not with the commission, but with the division of forestry foreign state lands. The division is of course, a really important partner, uh, of our organization, and we have loved a great relationship with them. But there are some of our members that have expressed concern about losing that authority to direct how funds are used, uh, as an organization that is a coordinating agency. And so while we, uh, support the bill in whatever form it is, um, we would certainly love to have, uh, the, the, uh, approval, um, with the commission, if that's something that's desirable from the committee. Uh, that said, we are supportive of this, uh, bill. Um, we, uh, love the additional focus on access and public safety. Uh, I will just note to your question, uh, Representative Miller, um, that we currently have a separate funding program that tackles invasive species that are also administered by the division of Forestry, fire, and State Lands now in its third year. Um, and that's been a great program. This supports those efforts, but also connects it to recreation and access. Thank you. Thank you.

Representative Peterson, I'd like to make a motion to move Senate Amendment one in the sponsor's name.

Would you like to speak to that motion? Uh, no. I think he explained the reasoning behind that. Okay.

Not necessarily to the motion, which I'm in favor of, but just a question in general, if that's okay. Go ahead. Yes. Um, when I see the term restoration, um, it makes me smile, uh, but it also makes me think of, um, the original state and maybe the original stewards of the land and the river. Um, to what extent does this, um, consult with or involve, uh, the Native American folks, uh, and tribes in the area?

None. Thank you.

I'll waive. Thank you. Uh,

I just had a question, but I don't think it was germane to what was going on. Let's,

Thank you. I'd like to make one more, uh, amendment on line 1 22, which did not change with the Senate sub. Um, add the words at least after provides, so it will read, provides at least an equal amount of matching funds.

Yeah, I just feel like they might be able to make their money go a little farther and they could maybe rank applications if people are willing to give a little bit more, it would make the state money go a little farther. So feels like that might be a good idea. Okay. Thank you.

You. I think it's great.

Sorry, that was something completely different. My apologies.

I'd like to make a motion that we favorably recommend for sub SB one 30 as amended.

Um, so I don't live on the Jordan River. I live in a little bit different part of the state, but it is an incredible asset to our state, the Jordan River, and, and it is something that needs our attention. Um, and, um, I don't have to live there to know that. And so I appreciate that you're working with your local communities, you're thinking about ways we can leverage funding, um, to really make it, um, a greater asset for all of Utah, Utah.

Uh, thank you. I'll, uh, I appreciate that. Um, this is my, this is my summation, right? This is your Sum. Yes. Okay. Okay. I'd say I have a vision for this river, right? To quote, uh, the representative from Clearfield. I think, um, you know, it's an incredible asset. I think it has the potential to be an incredible asset, right? I think right now people enjoy walking, running, or biking along the river. Not very many people enjoy being on the river. Uh, part of that is because it's not the best river for recreation. But the second reason for that is because there's not a lot of ways to get on the river. There are a few and there are some portages and, um, but I think that the river will become more, um, will become better as it becomes loved. Right? And, and, you know, our capital city really should be seen as a river city. Um, you know, uh, for however we got here, the river is in need of some love. And my vision for this river is that it becomes loved through use and attention to the point where, um, uh, the, the vision that I see is that in 2032, when the Utah spikes are playing their first home game at their new ballpark at the Power District, that kayaks will be in the river ready to catch the first home run.

Thank you, Madam Chair. Um, I am hoping that we can add a local consent clause in, in the bill, or Yeah, please. To, um, to have no project in city or city or county boundaries without written approval from that jurisdiction.

Uh, I guess it would be. I've never done this before and I haven't spoken up because I'm a little bit scared about not knowing what to say. Um,

Motion? Oh, yes. I would like to add a local consent clause, um, stating that no project in the city or county boundaries without written approval from that jurisdiction.

I would appreciate that. Sorry. No, that's all right. Thank you. I'm, I, I'm learning, so I appreciate that. Um, being that I live very, very close to Jordan River Parkway, I am very protective of it. And I wanna make sure that we, um, have our protections in place too, for where we live.

I'll Waive. Thank you. Okay.

Thank you, Mr. President. The Jordan River is one of the main tributaries into the Great Salt Lake. And, uh, as the Great Salt Lake has risen in concern, uh, in the body as its, uh, water level has done the opposite of rising, um, we're looking for ways cost effective ways to get more water into the Great Salt Lake. And this bill represents an opportunity to do that. Um, you know, the banks of the Jordan River on both sides are, uh, present with a, a growing amount of invasive weeds, very thirsty non-native weeds that drink up a lot of the water that flows by them. Uh, so this bill appropriates some money to clean up the banks of the Jordan River to remove the invasive and non-native species and replace those with, uh, with more native plants that are, are not as thirsty. And in that way, increase the water flow from Utah Lake into the Great Salt Lake through the Jordan River. And then separately it creates a grant program for cities, uh, along the Jordan River to build access points or recreational access to be on the river. Uh, think of boat ramps, things like that. And it, so this would create a matching fund for the cities who are willing to invest in giving residents, uh, and, uh, uh, and visitors access to be on the river. Um, and, and in that way just, you know, most cities with a river are really proud of their river. And in Utah we're, we're really not. And it's for understandable reasons why that is, but we have an opportunity to address that and really turn Salt Lake County and Salt Lake City near the Power District, uh, strolling down into Utah County, uh, and to make this river a real asset. And one way to do that is by encouraging its use. So that's what the bill does. Two things, um, uh, weed removal to increase the water flow into the Great Salt Lake, and then a grant program to increase the recreational use of the river.

Thank you. Hello? Oh, there we go. It's kind there. Thank you, Mr. President. Um, I am rights in support of this piece of legislation. It's, uh, been very, very, um, inspiring to see what the Power District has been doing the last year. And a lot has been thanks to the support of the, the legislature in terms of cleaning that area of the Jordan River and as we see it in, in how, um, the planning of what's gonna look like and how it's gonna change the entire experience for the residents of the West side. So this bill is moving us into that cultural change that I think the sponsor was referring to of really feeling ownership and love for a natural resource like it's our river. And I'm just so, um, I think the moving to incentivizing those municipalities to do more, it's, it's important that we invest in that level of infrastructure. So rice and support and excited to see, especially in the west side of Salt Lake City, where we're seeing now how it has changed the entire dynamic of communities engaging with the Jordan River. Thank you.

Thank you Mr. President. Just a quick comment point of information. I agree with a good, uh, the comment from the, the Senator from Salt Lake, the, the beautification. But this is also critical for our, our infrastructure. Our ecosystem. It, it's interesting to note that two years ago when we had a really good record water year, that actually getting water from Utah Lake to the great Salt Lake was not the, the Jordan River didn't have the capacity 'cause the overgrown and the bad, the bad condition of it to get the water there, had to use some of our canals and other sources. So this, this is not only as a, an aesthetic, uh, uh, uh, not notion, but it's also a good wise water wise and usage issue for, for our water ecosystem. Thank you.

Thank you, Mr. President. I appreciate that. I, I will make one note in my summation that the funding source for this grant program, uh, it's placed in here, uh, taking money that's already been set aside for improving the river along the, at the Fair Park District and by the Power District that may or may not re remain. Uh, you know, it will take a little bit of money to, to launch this grant program. Uh, I also point out I've got a couple of questions from folks about the insertion of the words Government Office of Economic Opportunity on line 71. That really is just a technical change because that's the state agency that oversees the funding that goes to the Fair Park District. Um, so just to be clear on that, I'm gonna move that this be read for a third time. Um, and then, you know, just working with the sponsors on just the funding piece which we hope to be able to solve, uh, before this passes the Senate. So with that, I move that the uh, Senate Bill one 30 be read a third time.

Thank you Mr. President. The first thing I'd like to do here is move a substitute. Um, so the first substitute, uh, just addresses the funding source. Uh, so rather than take this, uh, out of the Fair Park District, it just seats a, uh, an appropriation to cover the cost of the grant program. So I'll move that we delete and title and Body Senate Bill one 30. Replace it with first substitute Senate bill one 30.

I believe I did. Thank you. I'll place a motion.

Alright. And, uh, this substitute, uh, that, uh, changes the fiscal note. So you'll see that the fiscal note as the bill now carries its own appropriation. Uh, just by way of reminders, since this was a couple of days ago, this bill has two parts. Uh, it expands, um, the, uh, removal of invasive weeds from the bank. So the Jordan River that, uh, drink up a lot of the water, preventing it from getting to the Great Salt Lake, uh, through the Division Ophir Forestry and state lands. And then it also creates a grant program to match local community funds that border the river when they build recreational access points. To use the actual river as a recreational asset, you might think of something like a boat ramp.

You Mr. President. Um, I move that first substitute Senate bill one 30 pass.

Senator Vickers Baldry Lewin Aye. B Brammer Bus Comore Escamia Fillmore Grover Harper Kinins Ipson Johnson. Quan McKay. Mikel Milner. Musselman Owens Pitcher Aye. Lum Rebe Aye. Sandal Stevenson Stratton Vickers. Weiler Wilson. Aye.

A motion to circle The motion is in order.

Thank you Mr. Speaker ProAm representatives. This one is a result of a committee bill, um, that has a primary goal of protecting real victims of trafficking, while ensuring that honest employers using legal, uh, labor are not unintentionally swept into criminal liability. Uh, first the law. Sometimes it makes it difficult right now for actual to prosecute actual traffickers because our trafficking statutes have become a patchwork, uh, with broad definitions and mixed men's raya standards and overlapping offenses. And what we're really going for is, uh, uh, to, to fix the, that issue as well as the, the broadness of the law for good faith employers right now where they sometimes get caught up in, uh, issues that they are unaware of. And so we revise both the, the labor based human trafficking offenses as well as, uh, sexual exploitation to make sure that it applies, uh, to those who are actually committing those crimes and that we can prosecute them appropriately. Uh, it also creates a new patronizing offense for people who use labor from someone who may not be trafficked. Um, when they do that inappropriately, happy to answer any questions.

Thank you Mr. Speaker Pro Tem. And I apologize to the good sponsor. I was running down to get the photo with the governor. I was gonna come chat with him. Uh, and so I just am wondering if the sponsor will yield to a question.

Will the sponsor yield? Happy to. Thank you. Go Ahead. Thank you.

So, uh, last session we'd work on legislation. I'd pass legislation around human trafficking and enhancing our penalties there to make us on par at least with where the federal standard was. Does this bill undo that?

No, but it, it does go through the entire patchwork of it and tries to simplify that. We're not trying to, uh, remove work that we've done.

Okay. And on the, I'm just Thank you Mr. Speaker. We'll approach him. Will the sponsor yield another question?

Bill Cox, you continue to yield. Happy to. Yes.

Thank you so much. So on the penalty structure, when it makes a differentiation between, on human trafficking, between intentional and reckless. Yes. Can you explain how someone could not intentionally traffic an individual?

Yes. Uh, I, well, I don't know. I'm gonna do my best. I am not the attorney or the prosecutor. Um, but this language did come from working with the attorney general's office, law enforcement prosecutors, um, across the board through the interim. So the reckless standard, and please correct me if I'm wrong, for our attorneys in here, um, is a higher standard. Um, you have, it includes knowingly the intentional standard. Uh, they have to have knowledge that that is what they were doing, um, with the intentional standard.

Thank you Mr. Speaker. Yes. So I, and that thank you and I, again, I apologize so alike on lines 3 13 70, we're talking about sex trafficking. We're now differentiating between, there's two types of sex trafficking and code On lines 1373. I'm scrolling. That's okay. Speaker. I think it's just, thank you Mr. Speaker ProAm. I think it is just my question is, so are we saying under sex trafficking now there will be intentional sex trafficking or reckless sex trafficking that people will be charged with?

Yes, it does differentiate, um, for a sexual exploitation, human trafficking making more severe penalties are applied to conduct that include, uh, paid sex acts. So when we're talking about, uh, the prostitution stings that we've done, we, uh, those who are brought here against their will, we're differentiating between that and folks that choose that on our own. Kind of a question. Um, but yeah, there's, there's a different, they requested a different standard for those who are trafficked. The intent here is to go after the trafficker with a higher penalty.

Okay. Thank you Mr. Speaker Prote.

Thank you Mr. Speaker Pro Tem. I, I agree. This is fairly complicated area of law. The idea is to create liability for people who know or should have known that the labor that they're using is being provided by someone who is trafficked. And these new offenses capture conduct that is, is currently not addressed under our law. That's why we're doing it. Thank you, Mr. Speaker.

Thank you Mr. Speaker. Um, there is so much I would love to say about this bill and about the Jordan River in general, but in the interest of time, um, this bill directs our state agency, the division of forestry, fire, and state lands, to coordinate efforts along the Jordan River. Um, it has some needs for some capital improvements for safer recreational access to the river. Um, other improvements related to the river, um, in terms of safety. Um, also by administering a matching, oh, the way they'll accomplish this is by administering a matching, a matching grant program only as it is appropriated by the state legislature. So we do retain control over that. Uh, the bill is fully funded and it's a great investment for our present and our future. Part of our overall strategy. It's part of our overall strategy to increase the flow of water to the Great Salt Lake. And, um, it's important to, to note too that about more than a third of all Utahans live within 15 minutes of the Jordan River. And it's a very underutilized asset that could really be beneficial and is already beneficial, but could be so much more. And that's the purpose for this bill, and I would appreciate your support. I'm open for questions.

I'll waive. Thank You. Summation has been waived.

Senator Fillmore, Mr. President Over in the house we just made two very small amendments. One to ensure that the Jordan River Commission could apply for, uh, a grant, uh, to do like a multi-city project rather than just allowing cities and counties to, to apply. And then the third was to, uh, make it clear that uh, this grant could be up to a 50 50 matching grant but didn't have to be a 50 50 matching grant. If cities want to put in more of their own money to make their, uh, grant application more attractive, that's just fine. I move to Concur.

Senator Vickers Baldy Blue in Brammer Thus Comore. Ms. Camilla Mia Fillmore Grover Harper Harper Kins Ipson Ipson Johnson Juab McKay Mikel Milner Musselman Owens Pitcher Plum Rebe Sandal Stevenson Stratton Pickers Weiler Wilson Winterton.

President Adams Aye.