Enrolled Copy H.B. 53
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Litter Cleanup Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: Wayne A. Harper
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LONG TITLE
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General Description:
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This bill addresses unsecured loads, litter, and landfills.
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Highlighted Provisions:
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This bill:
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▸ establishes the Litter Abatement Expendable Special Revenue Fund;
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▸ modifies penalties for certain offenses;
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▸ requires reporting for certain entities;
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▸ imposes a landfill fine for an unsecured load; and
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▸ defines terms.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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41-6a-1712, as last amended by Laws of Utah 2008, Chapter 22
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41-6a-1713, as last amended by Laws of Utah 2015, Chapter 412
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53-8-105, as last amended by Laws of Utah 2024, Chapter 425
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72-1-201, as last amended by Laws of Utah 2024, Chapter 517
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72-7-409, as last amended by Laws of Utah 2021, Chapter 327
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ENACTS:
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72-2-135, Utah Code Annotated 1953
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72-7-410, Utah Code Annotated 1953
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H.B. 53 Enrolled Copy
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 41-6a-1712 is amended to read:
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41-6a-1712 . Destructive or injurious materials on highways -- Throwing lighted
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material from moving vehicle -- Enforcement officers.
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(1) As used in this section, "lighted material" means an item that is flaming, burning, or
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smoking, including lighted charcoal, fireworks, matches, tobacco, cigars, or cigarettes.
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(2) A person may not throw, deposit, or discard, or permit to be dropped, thrown, deposited,
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or discarded on any public road or highway in the state, whether under state, county,
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municipal, or federal ownership, any plastic container, glass bottle, glass, nails, tacks,
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wire, cans, barbed wire, boards, trash or garbage, paper or paper products, or any other
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substance which would or could:
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(a) create a safety or health hazard on the public road or highway; or
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(b) mar or impair the scenic aspect or beauty of the public road or highway.
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[(2)] (3) A person who drops, throws, deposits, or discards, or permits to be dropped,
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thrown, deposited, or discarded, on any public road or highway any destructive,
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injurious, or unsightly material shall:
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(a) immediately remove the material or cause it to be removed; and
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(b) deposit the material in a receptacle designed to receive the material.
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[(3)] (4) A person distributing commercial handbills, leaflets, or other advertising shall take
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whatever measures are reasonably necessary to keep the material from littering public
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roadways or highways.
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[(4)] (5) A person removing a wrecked or damaged vehicle from a public road or highway
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shall remove any glass or other injurious substance dropped from the vehicle on the road
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or highway.
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[(5)] (6) A person may not throw any lighted material from a moving vehicle.
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[(6)] (7) Except as provided in Section 72-7-409, any person transporting loose cargo by
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truck, trailer, or other motor vehicle shall secure the cargo in a reasonable manner to
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prevent the cargo from littering or spilling on both public and private property or public
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roadways.
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[(7)] (8) A law enforcement officer as defined in Section 53-13-103, within the law
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enforcement officer's jurisdiction:
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(a) shall enforce the provisions of this section;
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(b) may issue citations to a person who violates any of the provisions of this section; and
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(c) may serve and execute all warrants, citations, and other process issued by any court
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in enforcing this section.
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[(8)] (9) A municipality within its corporate limits and a county outside of incorporated
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municipalities may enact local ordinances to carry out the provisions of this section.
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Section 2. Section 41-6a-1713 is amended to read:
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41-6a-1713 . Penalty for littering on a highway.
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(1) [A person] Except as provided in Subsection (3), an individual who violates any of the
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provisions of Section 41-6a-1712 is guilty of an infraction and shall be fined:
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(a) not less than $200 for a violation; or
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(b) not less than $500 for a second or subsequent violation within three years of a
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previous violation of this section.
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(2) The sentencing judge may require that the offender devote at least eight hours in
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cleaning up:
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(a) litter caused by the offender; and
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(b) existing litter from a safe area designated by the sentencing judge.
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(3) An individual who violates Subsection 41-6a-1712(6) is guilty of a class C
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misdemeanor.
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Section 3. Section 53-8-105 is amended to read:
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53-8-105 . Duties of Highway Patrol.
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(1) In addition to the duties in this chapter, the Highway Patrol shall:
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(a) enforce the state laws and rules governing use of the state highways;
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(b) regulate traffic on all highways and roads of the state;
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(c) assist the governor in an emergency or at other times at his discretion;
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(d) in cooperation with federal, state, and local agencies, enforce and assist in the
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enforcement of all state and federal laws related to the operation of a motor carrier on
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a highway, including all state and federal rules and regulations;
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(e) inspect certain vehicles to determine road worthiness and safe condition as provided
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in Section 41-6a-1630;
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(f) upon request, assist with any condition of unrest existing or developing on a campus
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or related facility of an institution of higher education;
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(g) assist the Alcoholic Beverage Services Commission in an emergency to enforce the
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state liquor laws;
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(h) provide security and protection for both houses of the Legislature while in session as
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the speaker of the House of Representatives and the president of the Senate find
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necessary;
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(i) enforce the state laws and rules governing use of capitol hill; and
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(j) carry out the following for the Supreme Court and the Court of Appeals:
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(i) provide security and protection to those courts when in session in the capital city
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of the state;
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(ii) execute orders issued by the courts; and
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(iii) carry out duties as directed by the courts.
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(2)(a) The division and the department shall annually:
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(i) evaluate the inventory of new and existing state highways, in coordination with
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relevant local law enforcement agencies, to determine which law enforcement
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agency is best suited to patrol and enforce state laws and regulate traffic on each
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state highway; and
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(ii) before October 1 of each year, report to the Transportation Interim Committee
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and the Executive Offices and Criminal Justice Appropriations Subcommittee
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regarding:
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(A) significant changes to the patrol and enforcement responsibilities resulting
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from the evaluation described in Subsection (2)(a)(i); and
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(B) any budget request necessary to accommodate additional patrol and
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enforcement responsibilities.
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(b) The division and the department shall, before July 1 of each year, coordinate with the
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Department of Transportation created in Section 72-1-201 regarding patrol and
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enforcement responsibilities described in Subsection (2)(a) and incident management
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services on state highways.
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(3)(a) A district court and a justice court shall collect and maintain data regarding
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violations in Sections 41-6a-1712, 41-6a-1713, and 72-7-409.
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(b) Each court shall transmit dispositions described in Subsection (3)(a) electronically to
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the department.
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Section 4. Section 72-1-201 is amended to read:
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72-1-201 . Creation of Department of Transportation -- Functions, powers,
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duties, rights, and responsibilities.
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(1) There is created the Department of Transportation which shall:
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(a) have the general responsibility for planning, research, design, construction,
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maintenance, security, and safety of state transportation systems;
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(b) provide administration for state transportation systems and programs;
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(c) implement the transportation policies of the state;
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(d) plan, develop, construct, and maintain state transportation systems that are safe,
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reliable, environmentally sensitive, and serve the needs of the traveling public,
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commerce, and industry;
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(e) establish standards and procedures regarding the technical details of administration
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of the state transportation systems as established by statute and administrative rule;
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(f) advise the governor and the Legislature about state transportation systems needs;
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(g) coordinate with utility companies for the reasonable, efficient, and cost-effective
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installation, maintenance, operation, relocation, and upgrade of utilities within state
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highway rights-of-way;
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(h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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make rules for the administration of the department, state transportation systems, and
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programs;
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(i) jointly with the commission annually report to the Transportation Interim Committee,
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by November 30 of each year, as to the operation, maintenance, condition, mobility,
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safety needs, and wildlife and livestock mitigation for state transportation systems;
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(j) ensure that any training or certification required of a public official or public
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employee, as those terms are defined in Section 63G-22-102, complies with Title
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63G, Chapter 22, State Training and Certification Requirements, if the training or
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certification is required:
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(i) under this title;
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(ii) by the department; or
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(iii) by an agency or division within the department;
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(k) study and make recommendations to the Legislature on potential managed lane use
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and implementation on selected transportation systems within the state;
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(l) before July 1 of each year, coordinate with the Utah Highway Patrol Division created
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in Section 53-8-103 regarding:
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(i) future highway projects that will add additional capacity to the state transportation
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system;
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(ii) potential changes in law enforcement responsibilities due to future highway
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projects; and
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(iii) incident management services on state highways;[ and]
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(m) provide public transit services, in consultation with any relevant public transit
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provider[.] ; and
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(n) implement a public service campaign as described in Section 72-2-135, in
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coordination with relevant stakeholders including permitted landfills and transfer
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stations, to generate public awareness regarding the importance of proper
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transportation and disposal of waste and maintaining clean roads and highways.
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(2)(a) The department shall exercise reasonable care in designing, constructing, and
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maintaining a state highway in a reasonably safe condition for travel.
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(b) Nothing in this section shall be construed as:
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(i) creating a private right of action; or
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(ii) expanding or changing the department's common law duty as described in
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Subsection (2)(a) for liability purposes.
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Section 5. Section 72-2-135 is enacted to read:
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72-2-135 . Litter Abatement Expendable Special Revenue Fund.
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(1) There is created an expendable special revenue fund, known as the "Litter Abatement
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Expendable Special Revenue Fund."
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(2) The fund shall consist of:
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(a) the landfill minimum fine for an unsecured load as described in Section 72-7-410;
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and
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(b) interest earnings on cash balances.
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(3) The department shall use money in the fund:
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(a) for litter cleanup efforts on or near highways, including highways near waste
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management facilities and other high-litter areas the department identifies;
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(b) for a public service campaign to generate awareness regarding the importance of
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proper transportation and disposal of waste, the negative impact of littering, and the
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need to maintain clean highways;
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(c) for increased enforcement of Sections 41-6a-1712, 41-6a-1713, and 72-7-410; and
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(d) for the department's costs in administering the account.
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Section 6. Section 72-7-409 is amended to read:
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72-7-409 . Loads on vehicles -- Limitations -- Confining, securing, and fastening
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load required -- Penalty.
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(1) As used in this section:
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(a) "Agricultural product" means any raw product which is derived from agriculture,
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including silage, hay, straw, grain, manure, and other similar product.
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(b)(i) "Unsecured load" means the contents of a vehicle, operated on a highway, not
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sufficiently covered, confined, fastened, or otherwise secured in a way to prevent
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the contents from escaping the vehicle.
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(ii) "Unsecured load" includes materials such as dirt, sand, gravel, rock fragments,
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pebbles, crushed base, aggregate, any other similar material, or scrap metal or
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other loose material on any portion of the vehicle not designed to carry the
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material.
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(c) "Vehicle" means the same as that term is defined in Section 41-1a-102.
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(2) Except as provided in Subsections (3) through (5), a person may not:
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(a) operate a vehicle with an unsecured load on any highway; or
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(b) operate a vehicle carrying trash or garbage without a covering over the entire load.
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(3)(a) A vehicle carrying dirt, sand, gravel, rock fragments, pebbles, crushed base,
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aggregate, any other similar material, or scrap metal shall have a covering over the
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entire load unless:
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(i) the highest point of the load does not extend above the top of any exterior wall or
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sideboard of the cargo compartment of the vehicle; and
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(ii) the outer edges of the load are at least six inches below the top inside edges of the
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exterior walls or sideboards of the cargo compartment of the vehicle.
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(b) The following material is exempt from the provisions of Subsection (3)(a):
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(i) hot mix asphalt;
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(ii) construction debris or scrap metal if the debris or scrap metal is a size and in a
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form not susceptible to being blown out of the vehicle;
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(iii) material being transported across a highway between two parcels of property that
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would be contiguous but for the highway that is being crossed; and
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(iv) material listed under Subsection (3)(a) that is enclosed on all sides by containers,
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bags, or packaging.
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(c) A chemical substance capable of coating or bonding a load so that the load is
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confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a)
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so long as the chemical substance remains effective at confining the load.
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(4) Subsection (2) does not apply to a vehicle or implement of husbandry carrying an
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agricultural product, if the agricultural product is:
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(a) being transported in a manner which is not a hazard or a potential hazard to the safe
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operation of the vehicle or to other highway users; and
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(b) loaded in a manner that only allows minimal spillage.
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(5)(a) An authorized vehicle performing snow removal services on a highway is exempt
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from the requirements of this section.
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(b) This section does not prohibit the necessary spreading of any substance connected
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with highway maintenance, construction, securing traction, or snow removal.
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(6)(a) Any person suspected of operating a vehicle with an unsecured load on a highway
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may be issued a warning.
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(b) Any person who violates this section is guilty of:
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(i) an infraction, if the violation creates a hazard but does not lead to a motor vehicle
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accident;
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(ii) a class B misdemeanor, if the violation creates a hazard that leads to a motor
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vehicle accident; or
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(iii) a class A misdemeanor, if the violation creates a hazard that leads to a motor
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vehicle accident that results in the serious bodily injury or death of a person.
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(c) A person who violates a provision of this section shall be fined not less than:
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(i) $200 for a violation; or
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(ii) $500 for a second or subsequent violation within six years of a previous violation
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of this section.
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(d) A person who violates a provision of this section while operating a commercial
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vehicle as defined in Section 72-9-102 shall be fined:
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(i) not less than $500 for a violation; or
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(ii) $1,000 for a second or subsequent violation within six years of a previous
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violation of this section.
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(7) As resources and opportunities allow, the department shall implement programs or
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activities that increase public awareness on the importance of properly securing loads.
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Section 7. Section 72-7-410 is enacted to read:
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72-7-410 . Public landfill litter abatement fine.
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(1) As used in this section:
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(a) "Landfill" means a landfill or transfer station that is permitted by the Department of
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Environmental Quality.
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(b) "Securely covered" means that the content of a load is completely covered by a solid
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barrier which will prevent the load from blowing, spilling, or falling from the vehicle.
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(2) A driver utilizing a landfill shall ensure that the vehicle's load is securely covered from
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the destination of origin until the driver deposits the load at the landfill.
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(3)(a) A landfill shall collect a $10 minimum fine for a vehicle in violation of
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Subsection (2), beginning no later than July 1, 2026.
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(b) Five dollars of the fine described in Subsection (3)(a) shall be collected by the
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Department of Environmental Quality and deposited into the Litter Abatement
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Expendable Special Revenue Fund created in Section 72-2-135.
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(c) The remainder of the fine described in Subsection (3)(a) shall be retained by the
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collecting landfill.
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(d) The minimum fine described in Subsection (3)(a) does not preclude a landfill from
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imposing an additional or higher fine or fee for an unsecured load.
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(e) A landfill may impose an additional penalty for a driver who repeatedly violates
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Subsection (2).
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(4) The Department of Environmental Quality may retain its associated administrative costs
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from the funds described in Subsection (3)(b).
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(5) A landfill shall provide an annual report to the Department of Environmental Quality on
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or before March 1 regarding violations of Subsection (2).
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Section 8. Effective Date.
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This bill takes effect on May 7, 2025.
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