Section 114 – Invasive Species Mitigation Account created.

• (1)
  • (a) As used in this section, “project” means an undertaking that:
    • (i) rehabilitates or treats an area infested with, or threatened by, an invasive species; or
    • (ii) conducts research related to invasive species.
  • (b) As used in this section, “project” includes items and processes required prior to the implementation of an undertaking described in Subsection (1)(a).

• (2)
  • (a) There is created a restricted account within the General Fund known as the “Invasive Species Mitigation Account.”
  • (b) The restricted account shall consist of:
    • (i) money appropriated by the Legislature;
    • (ii) grants from the federal government; and
    • (iii) grants or donations from a person.

• (3)
  • (a) The department may expend money in the restricted account:
    • (i) on a project implemented by:
      • (A) the department; or
      • (B) the Conservation Commission created in Section 4-18-104; or
    • (ii) by giving a grant for a project to a:
      • (A) state agency;
      • (B) federal agency;
      • (C) federal, state, tribal, or private landowner;
      • (D) political subdivision;
      • (E) county weed board;
      • (F) cooperative weed management area;
      • (G) nonprofit organization; or
      • (H) university.
  • (b) The department may use up to 10% of restricted account funds appropriated under Subsection (2)(b)(i) on:
    • (i) department administration; or
    • (ii) project planning, monitoring, and implementation expenses.
  • (c) A project that receives funds from the Invasive Species Mitigation Account may not spend more than 10% of an award of funds on planning and administration costs.
  • (d) A federal landowner that receives restricted account funds for a project shall match the funds received from the restricted account with an amount that is equal to or greater than the amount received from the restricted account.

• (4) In giving a grant, the department shall consider the effectiveness of a project in the rehabilitation or treatment of an area infested with, or threatened by, an invasive species.

Amended by Chapter 355, 2018 General Session