Utah 2023 Regular Session

Utah House Bill HB0221 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 221
	1	+	1st Sub. H.B. 221
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: A. Hoidal 6
	4	+	6 01-29-23 1:28 PM 6
	5	+	H.B. 221
	6	+	1st Sub. (Buff)
	7	+	Representative Kera Birkeland proposes the following substitute bill:
2	8		1 FODDER PRODUCTI ON SYSTEMS GRANT PROGRAM
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Kera Birkeland
6		-	5 Senate Sponsor: ~~Ronald M. Winterton~~
	12	+	5 Senate Sponsor: ____________
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill addresses environmental improvement projects.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <defines terms; and
14	20		13 <expands the environmental improvement projects for which grants may be awarded.
15	21		14Money Appropriated in this Bill:
16	22		15 None
17	23		16Other Special Clauses:
18	24		17 None
19	25		18Utah Code Sections Affected:
20	26		19AMENDS:
21	27		20 4-18-103, as last amended by Laws of Utah 2014, Chapter 383
22	28		21 4-18-106, as last amended by Laws of Utah 2022, Chapter 79
23	29		22 4-18-108, as last amended by Laws of Utah 2022, Chapter 79
24	30		23
25	31		24Be it enacted by the Legislature of the state of Utah:
26	32		25 Section 1. Section 4-18-103 is amended to read:
	33	+	HB0221S01 1st Sub. (Buff) H.B. 221 01-29-23 1:28 PM
	34	+	- 2 -
27	35		26 4-18-103. Definitions.
28	36		27 As used in this chapter:
29	37		28 (1) (a) "Agricultural discharge" means the release of agriculture water from the
30		-	29property of a farm, ranch, or feedlot that: H.B. 221 Enrolled Copy
31		-	- 2 -
	38	+	29property of a farm, ranch, or feedlot that:
32	39		30 (i) pollutes a surface body of water, including a stream, lake, pond, marshland,
33	40		31watercourse, waterway, river, ditch, or other water conveyance system;
34	41		32 (ii) pollutes ground water; or
35	42		33 (iii) constitutes a significant nuisance to urban land.
36	43		34 (b) "Agricultural discharge" does not include:
37	44		35 (i) runoff from a farm, ranch, or feedlot, or the return flow of water from an irrigated
38	45		36field onto land that is not part of a body of water; or
39	46		37 (ii) a release of water from a farm, ranch, or feedlot into a normally dry water
40	47		38conveyance leading to an active body of water, if the release does not reach the water of a lake,
41	48		39pond, stream, marshland, river, or other active body of water.
42	49		40 (2) "Agricultural operation" means a farm, ranch, or animal feeding operation.
43	50		41 (3) "Agriculture water" means:
44	51		42 (a) water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel;
45	52		43 (b) the return flow of water from irrigated agriculture; or
46	53		44 (c) agricultural storm water runoff.
47	54		45 (4) "Alternate" means a substitute for a district supervisor if the district supervisor
48	55		46cannot attend a meeting.
49	56		47 (5) (a) "Animal feeding operation" means a facility where animals, other than aquatic
50	57		48animals, are stabled or confined and fed or maintained for a total of 45 days or more in any
51	58		4912-month period.
52	59		50 (b) "Animal feeding operation" does not include an operation where animals are in
53	60		51areas such as pastures or rangeland that sustain crops or forage growth during the normal
54	61		52growing season.
55	62		53 (6) "Best management practices" means practices, including management policies and
56	63		54the use of technology, used by each sector of agriculture in the production of food and fiber
57	64		55that are commonly accepted practices, or that are at least as effective as commonly accepted
58		-	56practices, and that:
59		-	57 (a) protect the environment; Enrolled Copy H.B. 221
	65	+	56practices, and that: 01-29-23 1:28 PM 1st Sub. (Buff) H.B. 221
60	66		- 3 -
	67	+	57 (a) protect the environment;
61	68		58 (b) protect human health;
62	69		59 (c) ensure the humane treatment of animals; and
63	70		60 (d) promote the financial viability of agricultural production.
64	71		61 (7) "Certified agricultural operation" means an agricultural operation that is certified
65	72		62under the Utah Agriculture Certificate of Environmental Stewardship Program in accordance
66	73		63with Section 4-18-107.
67	74		64 (8) "Certified conservation planner" means a planner of a state conservation district, or
68	75		65other qualified planner, that is approved by the commission to certify an agricultural operation
69	76		66under the Utah Agriculture Certificate of Environmental Stewardship Program, created in
70	77		67Section 4-18-107.
71	78		68 (9) "Commission" means the Conservation Commission created in Section 4-18-104.
72	79		69 (10) "Comprehensive nutrient management plan" or "nutrient management plan"
73	80		70means a plan to properly store, handle, and spread manure and other agricultural byproducts to:
74	81		71 (a) protect the environment; and
75	82		72 (b) provide nutrients for the production of crops.
76	83		73 (11) "Coordinated resource management plan" means a plan of action created at a local
77	84		74level with broad participation of land owners, natural resource agencies, and interested
78	85		75stakeholders to protect or enhance the environment, human health, humane treatment of
79	86		76animals, and financial viability in the community.
80	87		77 (12) "District" or "conservation district" has the same meaning as "conservation
81	88		78district" as defined in Section 17D-3-102.
82	89		79 (13) "Fodder" means food for livestock.
83	90		80 (14) "Hydroponic" means a technique for growing plants without soil.
84	91		81 [(13)] (15) "Pollution" means a harmful human-made or human-induced alteration to
85	92		82the water of the state, including an alteration to the chemical, physical, biological, or
86	93		83radiological integrity of water that harms the water of the state.
87	94		84 [(14)] (16) "State technical standards" means a collection of best management practices
88		-	85that will protect the environment in a reasonable and economical manner for each sector of H.B. 221 Enrolled Copy
	95	+	85that will protect the environment in a reasonable and economical manner for each sector of
	96	+	86agriculture as required by this chapter.
	97	+	87 [(15)] (17) "Sustainable agriculture" means agriculture production and practices that 1st Sub. (Buff) H.B. 221 01-29-23 1:28 PM
89	98		- 4 -
90		-	86agriculture as required by this chapter.
91		-	87 [(15)] (17) "Sustainable agriculture" means agriculture production and practices that
92	99		88promote:
93	100		89 (a) the environmental responsibility of owners and operators of farms, ranches, and
94	101		90feedlots; and
95	102		91 (b) the profitability of owners and operators of farms, ranches, and feedlots.
96	103		92 Section 2. Section 4-18-106 is amended to read:
97	104		93 4-18-106. Agriculture Resource Development Fund -- Contents -- Use of fund
98	105		94money -- Advisory board.
99	106		95 (1) As used in this section:
100	107		96 (a) "Disaster" means an extraordinary circumstance, including a flood, drought, or fire,
101	108		97that results in:
102	109		98 (i) the president of the United States declaring an emergency or major disaster in the
103	110		99state;
104	111		100 (ii) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2,
105	112		101Disaster Response and Recovery Act; or
106	113		102 (iii) the chief executive officer of a local government declaring a local emergency
107	114		103under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.
108	115		104 (b) "Local government" means the same as that term is defined in Section 53-2a-602.
109	116		105 (2) There is created a revolving loan fund known as the Agriculture Resource
110	117		106Development Fund.
111	118		107 (3) The Agriculture Resource Development Fund shall consist of:
112	119		108 (a) money appropriated to the fund by the Legislature;
113	120		109 (b) sales and use tax receipts transferred to the fund in accordance with Section
114	121		11059-12-103;
115	122		111 (c) money received for the repayment of loans made from the fund;
116	123		112 (d) money made available to the state for agriculture resource development from any
117		-	113source; and Enrolled Copy H.B. 221
118		-	- 5 -
	124	+	113source; and
119	125		114 (e) interest earned on the fund.
120	126		115 (4) The commission may make loans from the Agriculture Resource Development
121	127		116Fund for:
122	128		117 (a) a rangeland improvement and management project;
123		-	118 (b) a watershed protection or flood prevention project;
	129	+	118 (b) a watershed protection or flood prevention project; 01-29-23 1:28 PM 1st Sub. (Buff) H.B. 221
	130	+	- 5 -
124	131		119 (c) a soil and water conservation project;
125	132		120 (d) a program designed to promote energy efficient farming practices;
126	133		121 (e) an improvement program for agriculture product storage or program designed to
127	134		122protect a crop or animal resource;
128	135		123 (f) a hydroponic or aquaponic system, including a hydroponic fodder production
129	136		124system;
130	137		125 (g) a project or program to improve water quality;
131	138		126 (h) a project to address other environmental issues; or
132	139		127 (i) subject to Subsection (5), a disaster relief program designed to aid the sustainability
133	140		128of agriculture during and immediately following a disaster.
134	141		129 (5) (a) Loans made through a disaster relief program described in Subsection (4)(i) may
135	142		130not comprise more than 10% of the funds appropriated by the Legislature to the Agriculture
136	143		131Resource Development Fund.
137	144		132 (b) Notwithstanding Subsection (5)(a), the department may use all money appropriated
138	145		133to the Agriculture Resource Development Fund by the Legislature or another source, without
139	146		134limitation, if the money is appropriated specifically for use in a disaster relief program.
140	147		135 (c) (i) Until December 31, 2024, the department is authorized to borrow up to
141	148		136$3,000,000 of General Fund appropriations from the Agricultural Water Optimization Account
142	149		137created in Section 73-10g-204 to be used in making loans through a disaster relief program
143	150		138described in Subsection (4)(i).
144	151		139 (ii) If the department borrows from the Agricultural Water Optimization Account
145	152		140under Subsection (5)(c)(i), the department shall deposit the repayment of principal and interest
146		-	141on loans made through a disaster relief program, regardless of the source of the funds used to H.B. 221 Enrolled Copy
147		-	- 6 -
	153	+	141on loans made through a disaster relief program, regardless of the source of the funds used to
148	154		142make those loans, into the Agricultural Water Optimization Account, with preference over the
149	155		143repayment of any other source of funds, until the Agricultural Water Optimization Account is
150	156		144repaid in full.
151	157		145 (6) The commission may appoint an advisory board to:
152	158		146 (a) oversee the award process for loans, as described in this section;
153	159		147 (b) approve loans; and
154	160		148 (c) recommend policies and procedures for the Agriculture Resource Development
155		-	149Fund that are consistent with statute.
	161	+	149Fund that are consistent with statute. 1st Sub. (Buff) H.B. 221 01-29-23 1:28 PM
	162	+	- 6 -
156	163		150 Section 3. Section 4-18-108 is amended to read:
157	164		151 4-18-108. Grants for environmental improvement projects -- Criteria for award
158	165		152-- Duties of commission.
159		-	153 (1) The commission may make a grant from the Agriculture Resource Development
160		-	154Fund, or from funds appropriated by the federal government, Legislature, or another entity, to
161		-	155an eligible entity, as defined by the department by rule made in accordance with Title 63G,
162		-	156Chapter 3, Utah Administrative Rulemaking Act, for:
163		-	157 (a) control or eradication of noxious weeds and invasive plant species in cooperation
164		-	158and coordination with a local weed board;
165		-	159 (b) the costs of plans or projects to improve manure management, control surface water
166		-	160runoff, or address other environmental issues on a farm or ranch operation, including the costs
167		-	161of preparing or implementing a nutrient management plan;
168		-	162 (c) the improvement of water quality;
169		-	163 (d) the development of watershed plans;
170		-	164 (e) hydroponic fodder production; or
171		-	165 [(e)] (f) a program to address other environmental issues.
172		-	166 (2) (a) In awarding a grant, the commission shall consider the following criteria:
173		-	167 (i) the ability of the grantee to pay for the costs of proposed plans or projects;
174		-	168 (ii) the availability of:
175		-	169 (A) matching funds provided by the grantee or another source; or Enrolled Copy H.B. 221
	166	+	153 [(1)]
	167	+	154 (1) The commission may make a grant from the Agriculture Resource Development
	168	+	155Fund, or from funds appropriated by the federal government, Legislature, or another entity, to
	169	+	156an eligible entity, as defined by the department by rule made in accordance with Title 63G,
	170	+	157Chapter 3, Utah Administrative Rulemaking Act, for:
	171	+	158 (a) control or eradication of noxious weeds and invasive plant species in cooperation
	172	+	159and coordination with a local weed board;
	173	+	160 (b) the costs of plans or projects to improve manure management, control surface water
	174	+	161runoff, or address other environmental issues on a farm or ranch operation, including the costs
	175	+	162of preparing or implementing a nutrient management plan;
	176	+	163 (c) the improvement of water quality;
	177	+	164 (d) the development of watershed plans;
	178	+	165 (e) hydroponic fodder production; or
	179	+	166 [(e)] (f) a program to address other environmental issues.
	180	+	167 (2) (a) In awarding a grant, the commission shall consider the following criteria:
	181	+	168 (i) the ability of the grantee to pay for the costs of proposed plans or projects;
	182	+	169 (ii) the availability of:
	183	+	170 (A) matching funds provided by the grantee or another source; or
	184	+	171 (B) material, labor, or other items of value provided in lieu of money by the grantee or
	185	+	172another source; and
	186	+	173 (iii) the benefits that accrue to the general public by the awarding of a grant.
	187	+	174 (b) The commission may establish by rule additional criteria for the awarding of a
	188	+	175grant.
	189	+	176 (3) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
	190	+	177Administrative Rulemaking Act, to implement this section.
	191	+	178 (4) The commission may appoint an advisory board to:
	192	+	179 (a) assist with the grant process;
	193	+	180 (b) make recommendations to the commission regarding grants; and 01-29-23 1:28 PM 1st Sub. (Buff) H.B. 221
176	194		- 7 -
177		-	170 (B) material, labor, or other items of value provided in lieu of money by the grantee or
178		-	171another source; and
179		-	172 (iii) the benefits that accrue to the general public by the awarding of a grant.
180		-	173 (b) The commission may establish by rule additional criteria for the awarding of a
181		-	174grant.
182		-	175 (3) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
183		-	176Administrative Rulemaking Act, to implement this section.
184		-	177 (4) The commission may appoint an advisory board to:
185		-	178 (a) assist with the grant process;
186		-	179 (b) make recommendations to the commission regarding grants; and
187		-	180 (c) establish policies and procedures for awarding loans or grants.
	195	+	181 (c) establish policies and procedures for awarding loans or grants.