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Senate approves bill to preserve 250 acres near state prison as mitigation open space
Summary
The Senate passed a substitute for SB 43 to designate roughly 250 acres bordering the Jordan River near the state prison as open space and allow mitigation-credit use; senators discussed wetland status, a Native American ruin and mitigation costs, then approved the bill 26–1 with two absent.
Salt Lake City — The Utah Senate on Feb. 18 passed the first substitute to Senate Bill 43, a measure to preserve about 250 acres of state-owned land adjacent to the state prison along the Jordan River as open space and to permit its use for mitigation credits for highway and other projects.
Sponsor Mont Evans outlined a map showing Riverbend Golf Course and the parcel in question. He said the property is largely wetlands and contains a Native American ruin that dates back an estimated 3,000 years, arguing the state should preserve the land rather than sell it. "The recommendations of the critical lands committee is that the property is best preserved as open space," Evans said.
Evans described the bill’s mechanism: the Division of Facilities and Construction Management would be able to negotiate with UDOT or other agencies to preserve the property for mitigation purposes, and jurisdiction ultimately could transfer to the Division of Natural Resources or the agency assuming mitigation responsibility. Discussion on the floor noted a fiscal estimate for mitigation in the substitute is "between $900,000 and $1,450,000," with the sponsor saying a substitute fiscal note was forthcoming.
Senator Stevenson supported preserving the wetlands and highlighted the cost-benefit of mitigation credits. Senator Valentine asked detailed questions about the fiscal note and whether the cost would come from available budgets; Evans and the sponsor said UDOT likely would assume primary mitigation funding.
The Senate called the question and, after a roll-call vote, the chair announced the first substitute to SB 43 passed to the third-reading calendar with 26 aye votes, one nay and two absences.
The bill now moves to third reading for final passage consideration. The sponsor said the legislation yields environmental and cultural preservation while allowing the state to obtain mitigation credits for transportation projects.
