Enrolled Copy H.B. 230 1 Blockchain and Digital Innovation Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Jordan D. Teuscher Senate Sponsor: Kirk A. Cullimore Cosponsor: Ken Ivory David Shallenberger Kay J. Christofferson Trevor Lee Troy Shelley Tyler Clancy Matt MacPherson Lisa Shepherd Paul A. Cutler Verona Mauga Rex P. Shipp Jennifer Dailey-Provost Logan J. Monson Andrew Stoddard Doug Fiefia Jefferson Moss Jason E. Thompson Stephanie Gricius Angela Romero Raymond P. Ward 2 3 LONG TITLE 4 General Description: 5 This bill creates authority for the state treasurer to invest public funds in certain digital 6 assets. 7 Highlighted Provisions: 8 This bill: 9 ▸ defines terms; 10 ▸ prohibits state and local governmental entities from restricting the acceptance or custody 11 of digital assets; 12 ▸ establishes the right to operate nodes, develop software, transfer digital assets, and 13 participate in staking on blockchain protocols; 14 ▸ creates exemptions from money transmitter licensing requirements for certain blockchain 15 and digital asset activities; 16 ▸ restricts the ability of political subdivisions to impose sound limitations or zoning 17 restrictions on digital asset mining businesses in industrial zones; and 18 ▸ makes technical and conforming changes. H.B. 230 Enrolled Copy 19 Money Appropriated in this Bill: 20 None 21 Other Special Clauses: 22 None 23 Utah Code Sections Affected: 24 ENACTS: 25 7-28-101, Utah Code Annotated 1953 26 7-28-102, Utah Code Annotated 1953 27 7-28-103, Utah Code Annotated 1953 28 7-28-104, Utah Code Annotated 1953 29 10-9a-541, Utah Code Annotated 1953 30 17-27a-536, Utah Code Annotated 1953 31 32 Be it enacted by the Legislature of the state of Utah: 33 Section 1. Section 7-28-101 is enacted to read: 34 7-28-101 . Definitions. 35 As used in this chapter: 36 (1) "Blockchain protocol" means any executable software deployed to enable the transfer of 37 data and electronic records through a distributed network of nodes, including an 38 additional standardized set of rules that uses a previously existing blockchain as a base. 39 (2) "Digital asset" means: 40 (a) virtual currency; 41 (b) cryptocurrency; 42 (c) natively electronic assets, including: 43 (i) stablecoins; and 44 (ii) non-fungible tokens; or 45 (d) other digital-only assets that confer economic, proprietary, or access rights or powers. 46 (3) "Hardware wallet" means a physical device that: 47 (a) is not continuously connected to the Internet; 48 (b) allows an individual to secure and transfer digital assets; and 49 (c) enables the owner of digital assets to retain independent control over the digital 50 assets. 51 Section 2. Section 7-28-102 is enacted to read: 52 7-28-102 . Permitted uses of digital assets. - 2 - Enrolled Copy H.B. 230 53 A state or local governmental entity may not prohibit, restrict, or impair a person's 54 ability to: 55 (1) accept digital assets as a method of payment for legal goods and services; or 56 (2) take custody of digital assets using: 57 (a) a self-hosted wallet; or 58 (b) a hardware wallet. 59 Section 3. Section 7-28-103 is enacted to read: 60 7-28-103 . Access to blockchain protocols and transfer of digital assets. 61 A person may: 62 (1) operate a node for the purpose of: 63 (a) connecting to a blockchain protocol; and 64 (b) participating in the blockchain protocol's operations; 65 (2) develop software on a blockchain protocol; 66 (3) transfer digital assets to another individual or business utilizing a blockchain protocol; or 67 (4) participate in staking on a blockchain protocol. 68 Section 4. Section 7-28-104 is enacted to read: 69 7-28-104 . Exemption from money transmission license. 70 The following activities do not require an individual or business to obtain a money 71 transmitter license under Title 7, Chapter 25, Money Transmitter Act: 72 (1) operating one or more nodes on a blockchain protocol; 73 (2) developing software on a blockchain protocol; or 74 (3) operating a business or decentralized protocol that: 75 (a) effectuates the exchange of one digital asset for another digital asset; and 76 (b) does not exchange digital assets for legal tender or bank deposits. 77 Section 5. Section 10-9a-541 is enacted to read: 78 10-9a-541 . Digital asset mining -- Zoning restrictions. 79 (1) As used in this section: 80 (a) "Digital asset" means the same as that term is defined in Section 7-28-101. 81 (b) "Digital asset mining" means using computer hardware and software specifically 82 designed or utilized for validating data and securing a blockchain network. 83 (c) "Digital asset mining business" means a group of computers working at a single site 84 that: 85 (i) consumes more than one megawatt of energy on an average annual basis; and 86 (ii) operates for the purpose of generating blockchain tokens by securing a - 3 - H.B. 230 Enrolled Copy 87 blockchain network. 88 (2) A political subdivision of the state may not enact an ordinance, resolution, or rule that: 89 (a) for digital asset mining businesses located in areas zoned for industrial use, imposes 90 sound restrictions on digital asset mining businesses that are more stringent than the 91 generally applicable limits set for industrial-zoned areas; or 92 (b) prevents a digital asset mining business from operating in an area zoned for 93 industrial use if the digital asset mining business meets other requirements for 94 industrial use. 95 Section 6. Section 17-27a-536 is enacted to read: 96 17-27a-536 . Digital asset mining -- Zoning restrictions. 97 (1) As used in this section: 98 (a) "Digital asset" means the same as that term is defined in Section 7-28-101. 99 (b) "Digital asset mining" means using computer hardware and software specifically 100 designed or utilized for validating data and securing a blockchain network. 101 (c) "Digital asset mining business" means a group of computers working at a single site 102 that: 103 (i) consumes more than one megawatt of energy on an average annual basis; and 104 (ii) operates for the purpose of generating blockchain tokens by securing a 105 blockchain network. 106 (2) A political subdivision of the state may not enact an ordinance, resolution, or rule that: 107 (a) for digital asset mining businesses located in areas zoned for industrial use, imposes 108 sound restrictions on digital asset mining businesses that are more stringent than the 109 generally applicable limits set for industrial-zoned areas; or 110 (b) prevents a digital asset mining business from operating in an area zoned for 111 industrial use if the digital asset mining business meets other requirements for 112 industrial use. 113 Section 7. Effective Date. 114 This bill takes effect on May 7, 2025. - 4 -